AMENDED
Position Summary: Under the supervision of a Supervising Attorney within the Special Education Litigation Unit (SEU) of the Office of Legal Services, with latitude for independent judgment and decision making, the Attorney Interne performs legal work related to the investigation, settlement, administrative litigation, and appeals of special education legal claims filed pursuant to state and federal law relating to the provision of services to students classified with or suspected of having a disability. Performs related work.
Reports to: SEU Managing Attorney and SEU Team Leader
Direct Reports: N/A
Key Relationships: The Special Education Unit Attorney Interne works closely with the Special Education staff, including the Division of Inclusive and Accessible Learning, Committees on Special Education, public schools, and other offices that directly support New York City Public Schools (NYCPS) and the staff in the Office of Legal Services.
Responsibilities
- Case management and strategy including:
- Conduct initial investigations of prelitigation filings and due process complaints
- Make determinations regarding the litigation and/or settlement of claims
- Develop litigation strategy
- Represent the Department of Education at hearing
- Prepare witnesses, including but not limited to, clinicians, teachers, principals, nurses for direct and cross examination
- Prepare cross examination of both lay and expert witnesses
- Engage in significant argument, including but not limited to openings and closings
- Review settlement submissions, prepare memoranda to the Office of the New York City Comptroller, negotiate settlement agreements up to and including the terms of the stipulation of settlement
- Investigate and respond to ten day notices and/or due process complaints involving complex claims.
- Perform legal research assigned by supervisors into nuanced special education legal issues, including state and federal law legal cases, advisory opinions, decisions, and abstract salient points and references.
- Assists in preparing legal arguments and documents, such as memoranda, motions, pleadings, briefs, subpoenas, etc.
- Review transcripts and exhibits from administrative proceedings.
- Review and make determinations regarding a student’s pendency entitlement.
- Review and recommend administrative decisions for potential appeal; draft appellate documents; negotiate the settlement of appeals of special education claims.
- Act as a liaison to the Office of the Corporation Counsel for special education matters appealed to State and Federal Courts.
- Review and negotiate post hearing attorney’s fees claims in connection with special education proceedings.
Qualification Requirements
Minimum
Graduation from an accredited United States law school as defined in the Rules of the New York Court of Appeals (Sections 520.3 or 520.5) or admission to the New York State Bar.
Note: This class of positions has a maximum two-year term.
Preferred
- Excellent communication and interpersonal skills.
- Ability to understand provisions of applicable laws and regulations.
- Ability to write clearly and concisely.
- Efficient legal research skills.
Salary:
$72,512 (New Hire Rate)
$78,195 - $82,695 (Incumbent - 2 years of full-time continuous City service)
(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.
