CSE - Special Education Attorney
NYC Department of Education - New York, NY

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Tracking Code

9568

Job Description

Position Summary : Under the supervision of the Director of the Special Education Unit of the Office of Legal Services, with wide latitude for independent judgment and decision making, the Special Education Unit (SEU) Attorney engages in difficult and complex legal work having significant financial, procedural or policy consequences. Performs related work.

Reports to : Deputy Director of the Special Education Unit and Special Education Unit Managing Attorney, Impartial Hearings

Direct Reports: SEU Attorneys, Special Education Community Associates and Administrative Support Staff

Key Relationships : The Special Education Unit Attorney works closely with the Special Education staff, including the Division of Students with Disabilities and English Language Learners, Committee on Special Education, the Office of School Support and the staff in the Office of Legal Services.

RESPONSIBILITIES

A Special Education Attorney may be designated to work in one of the following two assignments.

LEVEL 3 ASSIGNMENTS

CSE - Special Education Unit Attorney

Prepares for and/or tries complex cases involving significant precedents, novel and complicated determinations of law and fact, or having significant legal, policy or financial implications for the Department of Education.

Determines the advisability of presenting witnesses as well as the admissibility of types of evidence and matters of legal strategy.

Provides training for the field staff and the Committee on Special Education (CSE) clinical staff on compliance with federal and state education laws and regulations.

Confers with special education specialists, technical experts, and other attorneys, including counsel for litigants.

Negotiates and implements the settlement of special education claims.

Conducts legal investigations; administers meetings to confer with CSE impartial hearings teams and clinical staff to discuss pending special education claims and CSE special education-related matters.

Prepares and argues difficult cases and appeals in administrative tribunals and in the courts.

Reviews, revises and approves agreements prepared by other attorneys.

Analyzes studies and reports on the effects of city, state and federal legislation.

Trains and supervises SEU Legal Associates to review, gather documentation, investigate and prepare reports and settlement recommendations regarding the propriety of parents’ due process claims.

Oversees the SEU Legal Associates to maintain appropriate records on cases filed for impartial hearings, utilizes computer systems to respond to due process complaints and to determine the Department’s obligations to parents and students pursuant to impartial hearing orders.

Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands.

Instructs appropriate offices in the DOE as to their obligations to parents and students pursuant to impartial hearing orders.

Reviews internal settlement recommendations.

Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands.

Gathers evidence and assists in researching issues for the Special Education Unit.

Appears at pre-hearing conferences and responsible for reviewing administrative decisions.

Settlement & Claims Attorney

Reviews internal settlement recommendations.

Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands.

Researches state and federal case law and implications on settlement negotiations.

Works with public advocacy groups, parents and private attorneys to arrive at mutually beneficial settlements.

Reviews, revises and approves stipulations of settlements.

Provides training for the field staff and attorneys on settlements and agreements.

Reviews and negotiates claims for attorney’s fees.

Prepares preliminary reports, statistical data and recommendations pertaining to cases.

Gathers evidence and assists in researching issues for the Special Education Unit.

Reviews administrative decisions.

LEVEL 4 ASSIGNMENTS

In addition to the duties and responsibilities described above performs the following:

Serves as Team Leader for multiple staff attorneys in trial preparation and presentation.

Assists the Managing Attorney with the training and supervision of more than 15 agency attorneys from the Office of the General Counsel (OGC) who are assigned to the CSE.

Serves as supervisor for SEU legal associates and administrative staff in the prehearing process.

Assists the Managing Attorney for Litigation with the training and supervision of agency attorneys from the OGC who are assigned to the CSE.

Qualification Requirements:
Minimum

Admission to the New York State Bar AND three (3) years of progressively responsible United States legal experience subsequent to admission to any State Bar.

NOTE : Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Preferred

Excellent communication and interpersonal skills.

Ability to understand provisions of applicable laws and regulations.

Ability to write clearly and concisely.

Litigation experience.

Efficient legal research skills.

Supervisory experience.

Salary: $75,962 +

Applications will be accepted on a rolling basis. We encourage applicants to apply as soon as possible.

Applications will not be accepted without a resume and cover letter.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, national origin, alienage and citizenship status, age, marital status, disability, prior record of arrest or conviction (except as provided by law), sexual orientation, gender (sex), and to maintain an environment free of discriminatory harassment, including sexual harassment, or retaliation as required by civil rights law. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

Job Location

NEW YORK, New York, United States

Position Type

Full-Time/Regular

New Posting
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