Closing Date: 5th June, 2026

Description:

Salary
$44.98 - $71.96 Hourly

$93,552 - $149,683 Annually

This position is a Pay Band C12

Posting Details
THIS POSTING WILL BE USED FOR ONGOING RECRUITMENT AND MAY CLOSE AT ANY TIME. APPLICANT LISTS MAY BE SCREENED MORE THAN ONCE.

All positions at the NM Public Education Department are based in Santa Fe.

Mission: Equity, Excellence and Relevance - The New Mexico Public Education Department partners with educators, communities, and families to ensure that ALL students are healthy, secure in their identity, and holistically prepared for college, career, and life.
Vision: Rooted in Our Strengths - Students in New Mexico are engaged in a culturally and linguistically responsive educational system that meets the social, emotional, and academic needs of ALL students.

General counsel:
The Office of General Counsel provides advice and counsel to the New Mexico Public Education Department (NMPED).

Mission Statement
The NMPED Office of the General Counsel is a team of professionals advancing the mission and objectives of the NMPED by delivering legal services of the highest quality.

We strive for openness, accessibility, respect for all people and integrity while providing sound judgment and constructive advice. We are committed to serving and earning the public¿s trust.

We assist in legal matters affecting New Mexico Public Education, such as providing assistance in developing and amending contracts, final decisions regarding educator license complaints and investigations; Legal appeals and litigation support.

We provide legal review for all Inspection of Public Records Act (IPRA) requests.

Why does the job exist?
The Office of General Counsel's special education legal team operates to support the Office of Special education within the Public Education Department with varying legal and administrative services including:
  • Administering the Special Education Dispute Resolution Programs required by the federal Individuals with Disabilities Education Act (IDEA) including: Due Process Hearings, State Complaint Investigations, Mediations, and Facilitated IEP meetings;
  • Administering other administrative hearings related to the IDEA and state special education laws and rules;
  • Supervising Office of General Counsel employees responsible for supporting the administration of dispute resolution programs described above;
  • Providing direct legal services and support to the Office of Special Education and the Public Education Department more generally in matters related to special education and programmatic and fiscal compliance with the IDEA and state special education laws and rules.
  • Legal support to the IDEA Advisory Panel with all open meeting compliance matters; and
  • participating in and supporting the Office of General Counsel in litigation related to special education and the IDEA.
How does it get done?
Key responsibilities include but are not limited to:
  • Provide oversight and supervision of the formal and informal dispute resolution system and those OGC employees responsible for those duties;
  • Defending the Department through the presentation of supportive evidence and legal precedence in administrative due process hearings, state and federal court;
  • Reviewing technical assistance manuals, investigative reports, corrective action plans, determinations submitted by the Office of Special Education to public school districts and charter schools for legal sufficiency; Drafting of various rules pertaining to programmatic and fiscal aspects of special education; and
  • Conducting legal research and providing legal advice to executive staff of the OSE and PED.
  • Who are the customers?
  • Customers or clients are primarily Office of Special Education and Public Education Department executive staff.
  • Additionally, the Chief Counsel will also frequently interact with other stakeholders, including school district and charter school administration, parents and guardians of students with disabilities, attorneys representing both parents and school districts, and staff from other state agencies which also serve students with disabilities in varying capacities.

Ideal Candidate:
Preferred Candidate will have experience in the following areas:
  • 2-3 years experience supervising employees in a legal setting;
  • Legal experience in the area of special education and the Individuals with Disabilities Education Act or other federal grant programs;
  • legal representation of government entities;
  • providing legal representation of clients before administrative tribunals, state and federal court.

Minimum Qualification:
Juris Doctorate degree from an accredited school of law and five (5) years of experience in the practice of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license.

Employment Requirements:
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Must possess and maintain a valid New Mexico's Driver's License.

Working Conditions:
Work is performed in an office setting: late hours, weekends, on-call and callback work may be required. Will be exposed to regular periods of video display terminal and keyboard usage and stressful situations. Travel is required. Possible exposure to irate clientele. Incumbent will work under stress and frequent time constraints.

Supplemental Information:
Do you know what Total Compensation is? Click here (http://www.spo.state.nm.us/total-compensation.aspx)

Agency Contact Information: Miguel Lozano, (505) 309-2438, Email ( Miguel.Lozano@ped.nm.gov)

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

Bargaining Unit Position:
This position is not covered by a collective bargaining agreement.