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Legal Advisor, Impartial Hearing Order Implementation Unit - 16806

NYC Department of Education
Brooklyn, NY Full Time
POSTED ON 1/22/2025
AVAILABLE BEFORE 2/20/2025
AMENDED

Position Summary: Under the direction of the Senior Advisor to the Impartial Hearing Order Implementation Unit, with wide latitude for independent action and decision, the Legal Advisor ensures timely and efficient action to implement pendency entitlements and impartial hearing orders requiring the New York City Public Schools (NYCPS) to render payments and/or deliver services. The position performs sophisticated legal work reviewing, analyzing and interpreting impartial hearing orders, and New York State Office of State Review and federal court decisions, helping to decipher pathways for implementation and to inform new policies and procedures within the impartial hearing order implementation process. The incumbent supports in the management of action item creation and approval and provides responses to New York State Education Department Special Education Quality Assurance (SEQA) complaints and Compliance Assurance Plans (CAPs). The role tracks data and creates data reports and researches legal issues as needed. Performs related work.

Reports to: Senior Advisor to the Impartial Hearing Order Implementation Unit

Direct Reports: N/A

Key Relationships: Supports the Executive Deputy Counsel of Special Education Case Management. Works closely with ), Committees Education Litigation Unit of the Office of The General Counsel, New York City Law Department, DOE Office of the Auditor General (OAG), Office of the General Counsel (OGC), Impartial Hearing Office (IHO), Committees on Special Education (CSE), Division of School Leadership (DSL), Office of Related Services (ORS), Office of Pupil Transportation (OPT), Office of Student Enrollment (OSE), Division of Financial Operations (DFO), District 75 and Office of Student Health.

Responsibilities

  • In consultation and coordination with the Special Education Unit of the Office of the General Counsel, handles important legal activity or engages in difficult and complex legal work having significant financial, procedural or policy consequences, including the following:
    • Reviews cases involving large amounts of money, significant precedents, novel and complicated determinations of law and fact, or cases having significant legal, policy or financial implications for the City.
    • Conducts difficult and involved meetings and conferences on behalf of the Unit.
    • Analyzes, studies and reports on the implementation compliance.
    • Liaises with New York City Law Department in court actions pertaining to implementation.
    • Monitors implementation of impartial hearing orders and decisions and case status to ensure that all ordered entitlements are processed, continued, and finalized at the appropriate time.
    • Interprets impartial hearing orders and determine actions necessary to implement required obligations.
    • Reviews impartial hearing decisions and make recommendations for appeal, as appropriate.
    • Monitors status of potential appeals to the State Review Officer (SRO).
    • Interprets Individualized Educational Programs (IEPs) and other Special Education Student Information System (SESIS) documents to determine pending entitlements and other required actions, including whether pendency claim should be legally and/or factually contested referred for a hearing.
    • Responsible for cases that are complex and high profile in nature.
    • Provides counsel and training to staff in the Impartial Hearing Order Implementation Unit, implementation liaisons and other NYCPS employees, as appropriate, on implementation procedures.
    • Identifies patterns in hearing decisions and NYCPS performance in order to address system-wide issues and obstacles to implementation.
    • Acts as liaison with executives within the agency and with other City agencies.

    Qualification Requirements

    Minimum

    • Admission to the New York State Bar; and either 2 or 3 below.
    • One year of satisfactory United States legal experience subsequent to admission to any state bar; or
    • 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.
    • Ability to rapidly understand provisions of applicable law and regulations.
    • Ability to write clearly and concisely.
    • Ability to conduct legal research efficiently.
    • Excellent research, analytical, and communication skills.

    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.

    AN EQUAL OPPORTUNITY EMPLOYER

    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.

    Public Service Loan Forgiveness As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education's website at https://studentaid.gov/pslf/.

    Salary : $106,607 - $111,107

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