Closing Date: 30th June, 2024

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 the Special Education Unit Managing Attorney

Direct Reports: SEU Attorneys; Special Education Community Associates and Community Coordinators

Key Relationships: Works closely with Special Education staff, including the Special Education Office, Committees on Special Education, Office of the First Deputy Chancellor, and the staff in the Office of Legal Services.

Responsibilities:
Level 3 Assignments

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.
Drafts memoranda seeking fiscal settlement authority.
Analyzes studies and reports on the effects of City, State, and Federal legislation.
Trains and supervises SEU Legal Associates to review, gather documentation, and 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, responds to due process complaints, and determines the Department's obligations to parents and students pursuant to impartial hearing orders.
Analyzes the relative strength of impartial hearing cases and evaluates the appropriateness of plaintiffs' demands.
Instructs appropriate offices in the DOE regarding their obligations to parents and students pursuant to impartial hearing orders.
Reviews internal settlement recommendations.
Gathers evidence and assists in researching issues for the Special Education Unit.
Appears at pre-hearing conferences; responsible for reviewing administrative decisions.
Researches state and federal case law and implications for 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.
Reviews administrative decisions.
Reviews, revises, and approves requests for pendency.
Acts as liaison to the Office of the Corporation Counsel for special education matters filed in Federal Court.

Qualification Requirements:
Minimum:

“Admission to the New York State Bar; and either 2 or 3 below.
One year of satisfactory United States legal experience subsequent to admission to any state bar; or
Six months of satisfactory service as an Agency Attorney Intern (30086).

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

Note:
To be assigned to AL III candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

Preferred: