Mediation Attorney, Impartial Hearing Office

Position Summary : Under the direction of the Senior Executive Director, with wide latitude for independent action, the Mediation Attorney will work to develop frameworks for promoting the New York State Education Department (NYSED)'s regulatory mandate for the use of mediation in special education Due Process hearings. The Mediation Attorney will engage with schools - public, charter, and non-public - their staff, parents, and New York City Public Schools (NYCPS) central employees to educate and encourage participation in alternate dispute resolution. The Mediation Attorney will work on improving existing websites, Impartial Hearing Office (IHO) notices, and other communications about the availability of mediation. The Mediation L Attorney will work with IHO staff to develop data collection and analysis tools to track information about mediation. Performs related work.

Reports to : Senior Executive Director, Impartial Hearing Office

Direct Reports : Mediation Coordinator

Key Relationships : Will work closely with the New York State Education Department (NYSED)'s P-12 Due Process Unit and New York State Unified Court System Alternative Dispute Resolution Community Dispute Resolution Centers, NYCPS Office of The General Counsel's [OGC's] Enhanced Rate Equitable Services Unit (ERES), Special Education Unit, and Impartial Hearing Order Implementation Unit (IHOIU / IU), Committees on Special Education [CSEs], Administrators and Directors of Special Education for Districts 1-32, District 75 (D75), District 79 (D79), and the Division of Instructional and Information Technology (DIIT). Will also work with IHO management team, Hearing Officers, IHO attorneys, case coordinators, paralegals, interns, NYCPS staff, Office of Administrative Trials and Hearings (OATH), and NYSED.

Responsibilities

• Review Due Process Complaints (DPCs) filed under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, NYS Regulations 8 NYCRR 200, 201, 279, NYC Chancellor's Regulations, and case records, conducting outreach to parents, parent representatives, and district representatives on cases that are deemed appropriate for mediation to encourage the use of mediation
• Manage the shared inbox for the filing of due process complaints, requests for mediation and questions related to mediation.
• Correspond with parents, parent representatives and NYCPS staff regarding the filing of mediation requests and case status.
• Refer requests for mediation to the appropriate Community Dispute Resolution Centers and track outcomes.
• Provide supervision and support to the Mediation Coordinator in conducting outreach to families regarding the availability of mediation, making mediation referrals to CDRCs and tracking outcomes of mediations.
• Develop training materials and conduct training for parents and NYCPS staff regarding mediation of DPCs.
• Coordinate with other NYCPS staff to ensure that messaging related to mediation is consistent and directs families to submit requests for mediation to the Impartial Hearing Office.
• Review existing administrative processes and updates office guides regarding mediation, reference materials for the office, materials for families, and NYCPS internal and external webpages as needed.
• Maintain knowledge of current Federal and NYS regulations on mediation of DPCs.
• Analyze issues raised in complaints, dispositions of hearing officer decisions, and appeals to State Review Officers to identify trends in terms of mediation.
• Review existing administrative processes and update office reference materials and guides regarding mediation.
• Review existing regulations and procedures, propose legislation changes with supporting authority regarding mediation, and provide policy guidance to the Senior Executive Director regarding impact on the Office and NYCPS.
• Support the Senior Executive Director in developing public-facing analyses and reports for elected officials, press outlets, NYSED, families, and communities.
• Provide the Senior Executive Director with data on review of due process complaints, outreach conducted, requests for mediation and outcomes of mediation referrals.
• Ensure that time-sensitive matters are handled promptly, especially when legal staff are unavailable.
• Review of existing regulations and procedures propose legislation changes with supporting authority and provide advice regarding the impact on the office and NYCPS.
• Redact hearing officer decisions and orders in line with NYSED and Federal redaction standards; track all redactions.
• Act as a liaison with executives within NYCPS and other City agencies.
• Assist in the overall supervision of the office, including providing support and filling in for other legal staff as needed.

Qualification Requirements :

Minimum

Note : 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

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.

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

AN EQUAL OPPORTUNITY EMPLOYER

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 .

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