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 unreviewed action and decision-making, the Special Education Unit Managing Attorney engages in difficult and complex legal work having significant financial, procedural, and policy consequences.  Performs related work.

REPORTS TO: Director of the Special Education Unit  

DIRECT REPORTS: Appeals Unit Attorneys and Legal Support Staff

KEY RELATIONSHIPS: Office of the Corporation Counsel, New York City Comptroller, special education specialists and technical experts, attorneys.

RESPONSIBILITIES

• Responsible for the training and supervision of appeals attorneys within the Office of General Counsel (OGC) who are responsible for handling of settlements and administrative appeals of special education claims.
• Reviews appeals of Impartial Hearing Orders.
• Negotiates the settlement of appeals of special education claims.
• Acts as liaison to the Office of the Corporation Counsel for matters appealed to State and Federal Court.
• Examines administrative and judicial decisions in special education matters for possible appeal and determines the advisability of appealing cases to the Office of State Review.
• Reviews court petitions and answers, discusses legal strategies, and attends court conferences.
• Confers with special education specialists, technical experts, and other attorneys, including counsel for litigants.
• Prepares and drafts 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.
• Manages case assignments.
• Analyzes proposed State special education regulations as well as City, State, and Federal legislation on special education matters. Drafts position papers on pending legislation.
• Reviews decisions for tracking issues and significant trends.
• Supervises and reviews settlement determinations, settlement negotiations, and written requests for approval from the New York City Comptroller.
• Executes settlement agreements.
• Responsible for ongoing training of new staff in the Ten Day Notice (TDN)/Due Process Complaints (DPC) settlement process.
• Attends regular meetings with management to address periodic logistical challenges and devise solutions to effectuate the Mayoral Initiative, including addressing requirements of other stakeholders, e.g., Comptroller’s office, NYSED.
• Supervises and reviews all aspects of the TDN/DPC settlement process for several hundred cases a year, including:
  • assisting both Appeals attorneys specifically and other SEU attorneys generally with case investigation and reviewing/re-reviewing cases for potential settlement;
  • working with Appeals staff to ensure that TDN/DPC settlements are progressing, including regular meetings (both individual and appeals-wide).
  • reviewing and editing settlement memoranda and supporting documentation on several hundred cases to be sent to the NYC Comptroller and handling attorney fee questions from the Comptroller’s office on all such cases;
  • reviewing and approving stipulations for several hundred cases handled by the appeals unit as well as non-appeals staff; and
  • implementation of the proposed 3-year renewable agreement requires additional managerial resources in reviewing each case for potential eligibility; following up with SEU attorneys and/or parents’ counsel regarding the subject, as well as record-keeping.

QUALIFICATION REQUIREMENTS:

MINIMUM

1. Admission to the New York State Bar and four (4) 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 work.

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

NOTE: APPLICANTS WHO HAVE A CLIENT WITH A LEGAL OR BUSINESS MATTER PENDING AGAINST, BEFORE OR WITH THE DOE MUST OBTAIN SUCH CLIENT’S CONSENT TO APPLY FOR EMPLOYMENT WITH THE DOE.  IF INVITED TO INTERVIEW FOR THIS POSITION, SUCH APPLICANTS ARE REQUIRED TO DISCLOSE THE NATURE OF SUCH MATTERS AT THE INTERVIEW.  

PREFERRED

• Superior ability to manage and administer large-scale initiatives and to engage leaders.
• Ability to use independent judgment.
• Ability to understand provisions of applicable laws and regulations.
• Excellent communication and interpersonal skills.

SALARY: $100,786+   

PLEASE INCLUDE A RESUME AND COVER LETTER WITH YOUR APPLICATION. 

APPLICATIONS WILL BE REVIEWED UNTIL POSITION IS FILLED. WE ENCOURAGE APPLICANTS TO APPLY AS SOON AS POSSIBLE 

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 923, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

Required Skills Required Experience