Vacancy Details

Administrative and Central Office

Impartial Hearing Office Legal Advisor, OGC (L3) - 25638

Agency Attorney OJ/MBF

L3

Office of the General Counsel

Position Summary: Under the direction of the Senior Director of the Impartial Hearing Office, supports all activities attending the docketing and administration of special education due process hearings pursuant to the Individuals with Disabilities Education Act (IDEA) and serves as an advisor to the Senior Director on policy decisions. This includes supporting all pre- and post-hearing activities so that determinations regarding students services are made in a timely fashion and that it is done with confidentiality relative to the documentation of all filings and proceedings and to assure New York City Public School’s (NYCPS) compliance with federal and state laws and regulations regarding the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. Performs related work.

Reports to: Senior Director, IHO

Direct Reports: N/A

Key Relationships: Supports the Senior Director in serving as a liaison to the New York State Education Department (NYSED) P – 12 Due Process Unit, the New York State Unified Court System Alternative Community Dispute Resolution Centers (CDRCs), New York City Office of Administrative Trials and Hearings Special Education Hearings Division (OATH SEHD), City Hall, and Corporation Counsel of the City of New York, among others, in the administration of impartial hearings, mediation, and litigation involving the NYCPS or other proceedings pertaining to due process for students classified or suspected of having a disability to which the Department may be a party. Conferring with Counsel to the NYCPS on legal matters in a highly confidential and ongoing relationship. Maintains close interagency relationships with other Office of General Counsel Offices -  Enhanced Rate Equitable Services Unit (ERES), Impartial Hearing Order Implementation Unit (IU), Special Education Unit (SEU), Office of Systems & Analytics (OSA), Privacy, Record Access and FOIL; Division of Instructional and Information Technology (DIIT); Division of Inclusive and Accessible Learning (DIAL) - Special Education Office and Committees on Special Education (CSEs; Division of School Leadership -  District 75, District 79, Superintendents, and Administrators for Special Education); parents, attorneys, non-attorney advocates; community groups and child-related agencies.

Responsibilities

·         Advises Senior Director in formulating appropriate policy, both legal and administrative, relative to issues affecting due process and education of children with disabilities.

·         Supports the Senior Director in overseeing the docketing, data collection, file management, and hearing administration of special education due process hearings which are available to approximately 220,000 students with disabilities, including filling in for the Senior Director and other managerial staff as needed.

·         Responsible for providing guidance and support for the Mediation Liaison and submitting policy recommendations to NYCPS offices and the NYSED.

·         Maintains knowledge of current Federal and NYS regulations relevant to special education due process.

·         Acts as a continuing resource for IHO’s Agency Attorneys, Legal Coordinators, Paralegal Consultants and Impartial Hearing Officers concerning changes in federal and state laws and regulations, decisions of federal and state courts and State Review Officer decisions.

·         Provides information and material, as appropriate, to hearing officers during hearings.

·         Reviews existing regulations and procedures and propose legislative changes with supporting authority and provide advice regarding the impact on the office and NYCPS.

·         In coordination with NYCPS leadership, IHO’s Mediation Attorney, families and community organizations, advises on the development of NYCPS’s strategy related to supporting families in accessing mediation services.

·         Provides clear communications to families across the City regarding their legal rights to due process and the use of mediation, when applicable.

·         Responsible for the preparation and coordination of the requisite notices and documentation to assure full due process rights for students with disabilities.

·         Serves as a liaison to NYCPS offices in order to assist in the delivery of services recommended by the Committees on Special Education or as ordered by a hearing officer, the State Review Officer or a court; periodically reviews students’ identification-evaluation-placement status as it pertains to and defines the due process guarantor role and the function of the Impartial Hearing Office.

·         Expedites the resolution of conflicts for parents who request assistance from the Impartial Hearing Office; refers parents to appropriate NYCPS personnel where it appears that such services will avoid the need for an impartial hearing.

·         Supports reporting to NYSED regarding the NYCPS’s Special Education Compliance Assurance Plan for due process and Accelerated Review under NYS Regulations.

·         Responsible for supporting the Senior Director in developing public-facing analyses and reports for elected officials, press outlets, families and communities.

·         Conducts training for NYCPS staff and families on special education due process hearings and mediation.

·         Provides support to the Senior Director in Impartial Hearing Office’s participation in the replacement of the Impartial Hearing System, the NYCPS’s case management and technical reporting system for impartial hearings, including but not limited to creating training guides and assisting with training staff on use of the new system.

Qualification Requirements:

Minimum

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 Intern (30086).

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.

NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Preferred

·         Minimum three (3) years litigation experience.   

·         Experience in Special Education Due Process.

·         Knowledge of IDEA, New York State Education Law, New York State Regulations of the Commissioner of Education, and the NYCPS Chancellor’s Regulations.

·         Ability to rapidly understand provisions of applicable law and regulations.

·         Proficient analytical and problem-solving capabilities.

·         Excellent communication skills.

·         Ability to write clearly and concisely.

·         Ability to conduct legal research efficiently.

Salary: $106,607 - $111,107

(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.

* New York City Residency is NOT Required *

We encourage all applicants from the New York City tri-state area to apply. 

DOE Non- Discrimination Policy
The Department of Education of the City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment upon any legally protected status or protected characteristic, including but not limited to an individual's actual or perceived sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, gender identity, veteran status, or pregnancy. For more information, please refer to the DOE Non-Discrimination Policy.