Attorney, Special Education, Civil Rights, Labor and Employment

INTRODUCTION: CONTEXT AND MISSION

The Cleveland Metropolitan School District (CMSD) serves approximately 37,000 students in 100 schools. Over the past several years, the Greater Cleveland community has united behind the collective goal of ensuring every child in Cleveland attends a high-quality school, and every neighborhood has a multitude of great schools from which families can choose. The Cleveland Plan defines CMSD’s approach to the reinvention of public education and holds our community accountable for the success of Cleveland’s schoolchildren. The Cleveland Plan is supported by Ohio House Bill 525, which provides much-needed flexibility and autonomy for the district and its schools. Our schools have autonomy over human and financial resources in exchange for accountability fo

rperformance. The principal has primary responsibility and accountability for establishing his or her school as a high-quality, high-expectations academic center with a focus on personalized instruction, professional support for teachers, and school-wide practices that lead to measurable results.

The Cleveland Metropolitan School District has developed standards of excellence that the district applies to all parts of the organization inclusive of schools, principals, school leadership teams, networks, and central office. Alignment between Standards of Excellence (SoE) and the district’s Theory of Action helps ensure that principals are able to focus on scholar achievement and that central office supports are timely and effective.

Our Vision for Learning in a Post-Pandemic World

In our pursuit of a more fair, just, and good system of education, we want each of our learners, both each of our scholars and each of their educators, to be individually and collectively presented with academically / intellectually complex tasks that are worthy of their productive struggle and allow them authentic opportunities to demonstrate their work and their learning of academic content and transferable skills in a joyful and adventurous environment.

THE OPPORTUNITY:

Location: Administration or As Assigned

Reports To: Chief Legal Counsel

FLSA Status: Exempt

Salary Band: 16

Compensation: $ 91,800.00. - $ 128,520.00

Under the direction of the Chief of Staff, this attorney is directly responsible for conducting litigation, trials, and appeals in the Office of Legal Services for the District with minimal supervision. The Office of Legal Services is designed to provide support and experience in collective bargaining, board policy development, discrimination claims, student discipline, special education, District-sponsored community schools, public records/sunshine laws, and more. The professional duties of the Lawyer, Labor, Employment, and Litigation position include researching and analyzing facts and law, litigation motions and pleadings, discovery, settlement negotiations, presenting evidence and jury arguments, and appellate processes. This attorney advises clients and litigates legal issues arising from disputes involving employment matters, personnel disciplinary actions, premises liability claims, civil rights actions, intentional torts actions, and other litigation matters involving the District. This position will represent the District before various courts, administrative agencies, and arbitrators.

DUTIES AND RESPONSIBILITIES:

• Provides timely and professional legal advice to a variety of internal stakeholders regarding special education, civil rights, labor, and employment matters
• Represents the District through all phases of special education litigation, including administrative complaints and due process hearings before ODEW. This includes researching and analyzing facts and law, drafting responses, preparing witnesses, appearing at hearings, conducting settlement negotiations, presenting evidence, and appellate processes
• Represents the District through all phases of Civil Rights related administrative processes and litigation, including complaints before the USDOE, EEOC, OCRC, and ODEW and corresponding court matters
• Supports all facets of internal investigations related to civil rights matters, including Title IX investigations, discrimination investigations, and Section 504 complaints.
• Develops skills associated with and eventually assumes responsibilities of, the role of the District’s Title IX Coordinator, Director of EEO, and/or 504 Coordinator
• Represents the District in matters involving labor, employment, and disciplinary actions, including labor arbitrations
• Occasionally represents the District in general civil litigation matters
• Provides legal and strategic counsel to District management relating to current and potential special education, civil rights, labor, and employment issues
• Proactively identifies potential problems relating to current or potential issues within the scope of service and devise creative solutions that strike an effective balance between cost and return, including both short-term and long-term business and legal considerations
• Provides accurate and timely reporting to the District’s Chief Legal Counsel and other appropriate District administrators
• Leads efforts and initiatives to ensure District compliance with all labor, employment, special education, and civil rights-related local, state, and federal guidelines and regulations, working collaboratively with multiple other departments as needed
• Participates in special projects and serves on committees as needed
• Performs all other related duties as assigned

NOTE: The above-stated duties are intended to outline those functions typically performed by individuals assigned to this classification. This description of duties does not tend to be all-inclusive or limit the discretionary authority of management to assign other tasks of a similar nature or level of responsibility.

QUALIFICATION REQUIREMENTS:

• Current member in good standing of Ohio Bar or membership within three months of hiring
• At least 5 years of legal experience concentrated in at least two of the three areas of 1) labor and employment, 2) special education, and 3) civil rights
• Demonstrated success in high-stakes, high-pressure environment
• Strong written and verbal communication skills
• Strong work ethic, attention to detail, and strong interpersonal skills
• Demonstrated leadership ability to work collaboratively with peers
• Self-motivated and able to multi-task with minimal supervision
• High moral character and ethical standards

WORKING CONDITIONS/PHYSICAL DEMANDS:

The characteristics listed below are representative of the work environment typically encountered by an individual while performing the essential duties of this position. Reasonable accommodation may be made to enable individuals with disabilities to perform essential duties.

• Expected moving, walking, and standing consistent with an office environment and occasionally lifting up to 10 pounds.
• While performing the duties of this job, the employee is regularly required to stand, walk, and sit; use hands to finger, handle, or feel; and reach with hand and arms.
• The employee is frequently required to talk and/or hear.
• Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus.
• While performing the duties of this job, the employee is exposed to a normal office environmental.
• Local travel may be required for training/meetings.

NOTE: The above-stated duties are intended to outline those functions typically performed by individuals assigned to this classification. This description of duties is not intended to be all-inclusive or to limit the discretionary authority of management to assign other tasks of a similar nature or level of responsibility.