Description:

Job Description:
OATH is seeking to hire an Assistant General Counsel for Litigation and Special Education to advise agency staff on all legal aspects of litigation defense and special education hearings. The Assistant General Counsel for Litigation and Special Education shall be a member of the Office of General Counsel (OGC) and report to the General Counsel and Deputy General Counsel. Exceptional writing, research, and analytical skills, and good interpersonal and communication skills are required.

The OGC seeks a dynamic and thoughtful attorney to serve as Assistant General Counsel. This person will have extensive responsibility for all legal matters affecting the agency. His or her primary responsibilities will be to:
  • defend the agency in all aspects of litigation; and
  • oversee legal matters related to the Special Education Hearings Division.

Duties include, but are not limited to:
  • Reviewing and preparing legal documents
  • Drafting and reviewing pleadings
  • Gathering the record for court proceedings
  • Providing legal advice and draft memoranda
  • Identifying and researching new or evolving legal issues
  • Responding to subpoenas
  • Advising and guiding agency staff on special education processes
  • Assisting in the drafting of rules to facilitate the transition and OATH governance of special education hearings.
  • Overseeing compliance with federal and state laws and regulations under the federal Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act
  • Ensuring that the language of requisite notices and documentation satisfy full due process rights for students with disabilities
  • Assisting in the training and education of Special Education Impartial Hearing Officers
  • Assisting in the development of courtroom procedures to conduct hearings by remote means and in person and to evaluate evidence
  • Interfacing with the New York City Department of Education, and the Law Department.
  • Conducting legal research and issue memoranda regarding state and federal education laws, the IDEA, and special education programs
  • Handling special assignments and projects including but not limited to oral and/or written presentations
  • Liaising and collaborating with the NYC Law Department and other City agencies on litigation and legal matters

Minimum Qualifications:
Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Preferred Skills:
Preferred Skills: - Familiarity with administrative proceedings (preferably with OATH, but not required), judicial proceedings, court processes, and/or state or municipal government. - Experience working within a government agency and/or in an in-house capacity at an institution. - Demonstrated experience in legal research, writing, and litigation. - Demonstrated ability to understand the provisions of federal and state civil laws and legal interpretations by federal and state courts. - Demonstrated ability to communicate with the public, government agencies, and agency staff on legal matters. - Excellent oral and written communication skills. - History of volunteerism, such as service in the AmeriCorps or Peace Corps, is viewed favorably.