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 DOE regarding services provided to students suspected of having, or classified with, a disability. Performs related work.
Reports to: Special Education Unit Team Leader
Direct Reports: N/A
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 Public Schools, and the staff in the Office of Legal Services.
LEVEL 1 ASSIGNMENTS
- Investigate and respond to ten-day notices and/or due process complaints tasks include reviewing internal DOE documents, interviewing staff, and conducting legal research.
- Perform legal research assigned by Team Leaders and make recommendations.
- Confer with special education specialists, technical experts, and other attorneys, including parents’ counsel.
- Make recommendations for case direction, including litigation, settlement, or referral for other resolutions.
- Review administrative decisions.
- Negotiate, draft, and process stipulations of settlement regarding special education claims. Such tasks include:
- review of documents submitted by the Parent and recommending appropriate settlement;
- researching state and federal case law and implications for settlement negotiations;
- negotiating settlement with Parent or their counsel;
- drafting memoranda for submission to the New York City Comptroller’s Office for settlement authority for proposed settlement;
- drafting, reviewing, and negotiating language for stipulations of settlements;
- coordinating and monitoring the implementation of stipulated agreements; and
- reviewing and negotiating claims for attorney’s fees.
- May be assigned to analyze City, State, and Federal legislation and make recommendations accordingly regarding effects and implementation.
LEVEL 2 ASSIGNMENTS
In addition to the duties and responsibilities described above, performs the following:
- 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.
- Under supervision, prepare and try cases before an administrative hearing officer.
- Litigation tasks may include: selecting and preparing evidence, preparing legal strategies and arguments, preparing witness questions and preparing witnesses for impartial hearings, preparing briefs, motions, legal opinions, affidavits, memoranda, subpoenas, and/or other legal papers.
- Work with the SEU Legal Associates to maintain appropriate records on cases filed for impartial hearings, respond to due process complaints, and determine the Department’s obligations to parents and students pursuant to impartial hearing orders.
- Provide legal support to public school staff and non-attorney DOE litigators:
- Gather evidence and assist in researching issues for the Special Education Unit.
- Provide and review draft subpoenas, motions, legal research, memoranda, and documents.
1. Admission to the New York State Bar; and either "2" or "3" below.
2. One year of satisfactory United States legal experience subsequent to admission to any state bar; or
3. Six months of satisfactory service as an Agency Attorney Interne (30086).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
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.
- 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: $80,473 - $88,520
(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.)
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.
As of August 2, 2021, all NYC Department of Education new hires (who are not currently employees of the City of New York) must provide proof of COVID-19 vaccination prior to beginning their employment unless they have been granted a reasonable accommodation for religious or medical reasons. More information can be found in Executive Order 75.
DOE Non- Discrimination Policy
It is the policy of the Department of Education of the City of New York to provide equal employment opportunities without regard to actual or perceived race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, unemployment status, caregiver status, consumer credit history, 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. For more information, please refer to the DOE Non-Discrimination Policy.