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: The Special Education Unit Attorney works closely with Special Education staff, including the Special Education Office, Committees on Special Education, the Office of School Support, and the staff in the Office of Legal Services.

RESPONSIBILITIES

• 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, 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 as to 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; reviews 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.

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.

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

• Excellent communication and interpersonal skills.
• Ability to understand provisions of applicable laws and regulations.
• Ability to write clearly and concisely.
• Litigation experience.
• Settlement experience.
• Efficient legal research skills.
• Supervisory experience.

SALARY: $96,216+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

PLEASE INCLUDE A RESUME AND COVER LETTER WITH YOUR APPLICATION. 

APPLICATIONS WILL BE ACCEPTED UNTIL POSITION IS FILLED.

NOTE: THE FILLING OF ALL POSITIONS IS SUBJECT TO BUDGET AVAILABILITY AND/OR GRANT FUNDING. 

THIS POSITION IS OPEN TO QUALIFIED PERSONS WITH A DISABILITY WHO ARE ELIGIBLE FOR THE 55-A PROGRAM. PLEASE INDICATE IN YOUR COVER LETTER THAT YOU WOULD LIKE TO BE CONSIDERED FOR THE POSITION UNDER THE 55-A PROGRAM.

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, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation.  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

Required Skills Required Experience

-Strong attention to detail with excellent organizational and technical skills, including ability to prioritize and multi-task effectively.

-Ability to quickly review claim files to obtain required information.

-Ability to work independently while understanding the necessity for communication and clarification as required.

-Commitment to timely execution of duties.

-Flexibility to learn work styles and preferences of team members to ensure collaborative effort achieved for optimal success.