CSE - Special Education Unit Attorney (Level 1) - 16011

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 performs legal work related to IDEA claims filed by parents or the New York City Public Schools (NYCPS) regarding services provided to students suspected of having, or classified with, a disability. Performs related work.

Reports to

Special Education Unit Team Leader

Key Relationships

The Special Education Unit Attorney works closely with the Special Education staff, including the Special Education Office, Committees on Special Education, the Office of School Support, the Public Schools, other offices that directly support the NYCPS, and the staff in the Office of Legal Services.

Responsibilities

• LEVEL 1 ASSIGNMENTS

  • Investigate and respond to ten-day notices and/or due process complaints
    • Review internal NYCPS documents
    • Interview staff
    • Conduct legal research
  • Make recommendations
    • Confer with special education specialists, technical experts, and other attorneys, including parents' counsel
    • Recommend case direction, including litigation, settlement, or referral for other resolution
    • Review administrative decisions
    • Negotiate, draft, and process stipulations of settlement regarding special education claims
    • Review and negotiate claims for attorney’s fees
    • Review requests for pendency
  • Analyze City, State, and Federal legislation
    • Make recommendations accordingly regarding effects and implementation
  • Review and track administrative decisions
    • Draft appellate documents
    • Negotiate the settlement of appeals of special education claims
    • Act as a liaison to the Office of the Corporation Counsel for special education matters appealed to the State and Federal Court

• LEVEL 2 ASSIGNMENTS

  • Assist Team Leaders with training of Level I Attorneys and staff
  • Investigate and respond to ten-day notices and/or due process complaints involving complex claims
  • Prepare and try cases before an administrative hearing officer
    • Select and prepare evidence
    • Prepare legal strategies and arguments
    • Prepare witness questions and prepare witnesses for impartial hearings
    • Prepare briefs, motions, legal opinions, affidavits, memoranda, subpoenas, and/or other legal papers
  • Work with SEU Legal Associates
    • Maintain appropriate records on cases filed for impartial hearings
    • Respond to due process complaints
    • Determine the Department’s obligations to parents and students pursuant to impartial hearing orders
    • Provide legal support to public school staff and non-attorney NYCPS litigators
    • Gather evidence and assist in researching issues for the Special Education Unit
    • Review and draft subpoenas, motions, legal research, memoranda, and documents

Qualification Requirements

• Minimum

  • Admission to the New York State Bar
  • Either 2 or 3 below:
  • One year of satisfactory United States legal experience subsequent to admission to any state bar
  • Six months of satisfactory service as an Agency Attorney Intern (30086)
• Note: Incumbents must remain Member of the New York State Bar in good standing for the duration of this employment.
• Special Note: In addition to meeting the minimum Qualification Requirements, to be assigned to Level II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.
• Preferred
• Excellent communication and interpersonal skills
• Ability to understand provisions of applicable laws and regulations
• Ability to write clearly and concisely
• Litigation experience (for Level II Assignment)
• Efficient legal research skills

Salary

$83,842 - $88,342 (Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not earn less than their current salary.)

Application

Please include a resume and cover letter with your application.

Note

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

Equal Opportunity Employer

AN EQUAL OPPORTUNITY EMPLOYER

DOE Non-Discrimination Policy

Public Service Loan Forgiveness

As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education's website at https://studentaid.gov/pslf/.