Special Education Attorney

ABOUT OATH:
The City of New York’s Office of Administrative Trials and Hearings (OATH) is the nation’s largest administrative tribunal, holding approximately 400,000 trials and hearings a year. As the City’s central, independent administrative law court, OATH adjudicates a wide range of matters filed by nearly every city agency, board and commission. OATH also houses the Center for Creative Conflict Resolution which provides mediation and restorative justice support to City government agencies and the general public, and the Administrative Judicial Institute, a resource center that provides training, continuing education, research and support services for administrative law judges and hearing officers.
JOB DESCRIPTION:

OATH is seeking to hire one (1) attorney to serve as a Special Education Attorney to conduct legal research and writing, settlement conferences, case records and appellate review, and case administration in support of special education impartial due process hearings for students with disabilities, 3-21 years of age, arising under the federal Individuals with Disabilities Education Act (IDEA), and/or pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended (Section 504).

The IDEA has established due process procedures for use when a parent and a school district disagree about the identification, evaluation, educational placement, or the provision of a free appropriate public education for a student with a disability. Under Section 504 a due process complaint may be filed by a parent or guardian of a qualified student with a disability on any matter relating to the identification, evaluation, or educational placement of such student. Such disagreements and/or claims may be resolved through an impartial hearing, a formal method in which the parties present and refute evidence before a hearing officer.

The Special Education Attorney will be instrumental in supporting the OATH Special Education Hearings Division in its mission of providing fair and efficient adjudication of special education cases. This role calls for a candidate with applicable legal experience, settlement negotiation experience, and strong knowledge of the special education impartial hearing landscape.

Responsibilities will include, but are not limited to:

- Conducting settlement conferences efficiently and effectively, by remote means and in person, between parents and the New York City Department of Education to arrive at mutually beneficial agreements
- Conducting legal research and writing draft decisions for review by Special Education Hearing Officers
- Providing case management support by organizing, reviewing, and classifying cases
- Conducting case records and appellate review
- Performing special assignments and projects including but not limited to oral and/or written presentations
- Maintaining a high degree of professionalism and effectiveness in handling assigned matters promptly
- Assisting in the preparation and coordination of notices, manuals, and digests
- Working collaboratively with Special education Hearing Officers, administrative staff, and tribunal leadership

HYBRID OFFICE / REMOTE WORK SCHEDULE AVAILABLE AFTER INITIAL TRAINING PERIOD.

EXECUTIVE AGENCY COUNSEL - 95005

Admission to the New York State Bar; and four 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 legal work.

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

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 based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.