Closing Date: 18th November, 2026
Description:
The State of New Hampshire, Department of Education, Division of Learner Support & Bureau of Special Education Support has a full-time vacancy for a Special Education Attorney.Summary:
Acts as legal counsel to the Department of Education regarding all special education related topics including oversight of the special education.
Your Experience Counts: Each additional year of approved formal education may be substituted for one year of required work experience and/or each additional year of approved work experience may be substituted for one year of required formal education.
Other Information:
Minimum Qualifications:
Education/Experience: Equivalent combination of 12.5 years of education and experience after completion of high school. Must include at least 5.5 years of experience in the practice of law, with 2+ years experience in the area of special education or education law.
License/Certification: Valid driver's license or access to transportation for use in statewide travel
Other Requirements: Must be an active member of the New Hampshire Bar Association and in Good Standing
Trainee Option: Not Applicable
Preferred Qualifications: None
After-Hire Requirements: None
Career Advancement Opportunities:
In-Band Advancement Available: ☐ Yes ☒ No
Criteria: None
Broad Group Level Advancement Available: ☐ Yes ☒ No
Criteria: None
Disclaimers:
The Supplemental Job Description Lists the Essential Functions of The Position and Is Not Intended to Include Every Job Duty and Responsibility Specific to The Position. an Employee May Be Required to Perform Other Related Duties Not Listed on The Supplemental Job Description Provided that Such Duties Are Characteristic of That Job Title.
When Applicable, the Work of An Employee in Trainee Status in This Position Shall Be Overseen by A Fully Qualified Individual. an Employee in Trainee Status Shall Meet the Minimum Qualifications Within the Period of Time Specified on The Sjd, Not to Exceed One Year of Being Hired Into This Position.
Responsibilities:
Detailed Tasks (standard): None
Detailed Tasks (agency/position-Specific):
Provides Legal Advice and Counsel to The New Hampshire Department of Education Regarding the Interpretation, Implementation, Administration, and Enforcement of State and Federal Laws, Regulations, Administrative Rules, and Requirements Related to Special Education, Including Idea, Section 504, the Ada, Rsa 186-C, and Related Requirements.
Advises the Commissioner, Deputy Commissioner, Division of Learner Support Director, Bureau Administrator for Special Education Support, and Other Department Leadership and Staff on Complex, Sensitive, or High-Risk Legal Matters Involving Special Education.
Provides Legal Advice and Oversight Related to State and Federal Audits, Monitoring Activities, Compliance Reviews, Investigations, Findings of Noncompliance, Corrective Action Plans, and Enforcement Activities Involving Special Education Programs and Services and Recommends Process Improvements, Program Development Management Controls, Improved Transparency and Program Efficiency.
Provides Legal Guidance Regarding Special Education Complaints, Mediation, Due Process Proceedings, Administrative Hearings, Appeals, Litigation, and Other Dispute Resolution Matters, and Coordinates with The New Hampshire Department of Justice as Appropriate on Such Matters.
Provides Legal Support for Legislative and Rulemaking Activities Related to Special Education, Including Drafting and Reviewing Legislation, Fiscal Notes, Administrative Rules, Testimony, Legislative Analyses, and Other Materials, and Attending Legislative Hearings, Committee Meetings, and Rulemaking Proceedings. Testifies Before the Joint Legislative Committee on Administrative Rules and The State Board of Education Relating to Special Education Rulemaking.
Leads the Development, Revision, and Implementation of Department Policies, Procedures, Administrative Rules, Guidance Documents, Technical Assistance Materials, Forms, and Other Resources Related to Special Education, Including Revisions to The New Hampshire Standards for The Education of Students with Disabilities.
Advises the Department Regarding New Legislation, Federal Guidance, Administrative Decisions, Court Decisions, and Other Legal Developments Affecting Special Education and The Educational Rights of Students with Disabilities, and Evaluates Their Potential Impact on Department Programs and Responsibilities.
Provides Legal Advice Regarding State and Federal Special Education Funding, Approved Public and Nonpublic Special Education Programs and Providers, Contracts, Agreements, Reimbursement Programs, and Other Fiscal or Programmatic Matters Related to The Administration of Special Education.
Develops and Conducts Legal Training, Technical Assistance, and Outreach Regarding Special Education Laws and Requirements for Department Staff, Local Educational Agencies, School Officials, the State Board of Education, School Attorneys, State Agencies, and Other Stakeholders.
Drafts Legal Memoranda, Opinions, Correspondence, Agreements, Policies, and Other Legal Documents; Participates in Relevant Local, State, and National Task Forces and Workgroups; Maintains Expertise in Developments in Special Education Law; and Performs Other Related Legal Duties as Assigned.