CSE - Special Education Unit Attorney (Level 3)

New York City Department of Education; New York (NY); On-site; USD 107,000 - 111,000; Full time

Job summary

The New York City Department of Education's Office of the General Counsel seeks a Level 3 Special Education Unit Attorney to handle complex SEU cases, advise on compliance with federal/state laws, and lead staff training.

Under supervision of the Director and Deputy Director, the attorney will supervise SEU Legal Associates, participate in impartial hearings, negotiate settlements, and prepare appellate and trial-level submissions for education law matters.

Qualifications

• Excellent communication and interpersonal skills.
• Litigation experience.
• Ability to understand provisions of applicable laws and regulations.
• Strong legal research skills.

Responsibilities

• Prepares for and/or tries complex cases with significant precedents and financial implications.
• Negotiate and implement settlements of special education claims.
• Provide training for SEU staff on compliance with education laws.
• Supervise SEU Legal Associates and review case documentation.
• Appears at pre-hearing conferences and handles appeals in tribunals and courts.

Skills

Excellent communication

Litigation experience

Research skills

Supervisory experience

Education

Admission to NYS Bar

Juris Doctor degree

Job description

Position Type:

Administrative and Central Office

Office Title/Functional Title:

CSE - Special Education Unit Attorney (Level 3) - 12309

Civil Service Title:

Agency Attorney OJ/MBF

Level:

Level 3

Division/Office:

Office of the General Counsel

Borough: Manhattan

Posting End Date: 12/31/2026

Description:

AMENDED

Position Summary

Under the supervision of the Director of the Special Education Unit of the Office of Legal Services, with wide latitude for independent judgment and decision-making, the Special Education Unit (SEU) Attorney engages in difficult and complex legal work having significant financial, procedural, or policy consequences. Performs related work.

Reports to

Deputy Director of the Special Education Unit and the Special Education Unit Managing Attorney

Direct Reports

SEU Attorneys; Special Education Community Associates and Community Coordinators

Key Relationships

Works closely with Special Education staff, including the Special Education Office, Committees on Special Education, Office of the First Deputy Chancellor, and the staff in the Office of Legal Services.

Responsibilities

LEVEL 3 ASSIGNMENTS

• Prepares for and/or tries complex cases involving significant precedents, novel and complicated determinations of law and fact, or having significant legal, policy or financial implications for the Department of Education.
• Determines the advisability of presenting witnesses as well as the admissibility of types of evidence and matters of legal strategy.
• Provides training for the field staff and the Committee on Special Education (CSE) clinical staff on compliance with federal and state education laws and regulations.
• Confers with special education specialists, technical experts, and other attorneys, including counsel for litigants.
• Negotiates and implements the settlement of special education claims.
• Conducts legal investigations; administers meetings to confer with CSE impartial hearings teams and clinical staff to discuss pending special education claims and CSE special education-related matters.
• Prepares and argues difficult cases and appeals in administrative tribunals and in the courts.
• Reviews, revises, and approves agreements prepared by other attorneys.
• Drafts memoranda seeking fiscal settlement authority.
• Analyzes studies and reports on the effects of City, State, and Federal legislation.
• Trains and supervises SEU Legal Associates to review, gather documentation, and investigate and prepare reports and settlement recommendations regarding the propriety of parents’ due process claims.
• Oversees the SEU Legal Associates to maintain appropriate records on cases filed for impartial hearings, responds to due process complaints, and determines the Department’s obligations to parents and students pursuant to impartial hearing orders.
• Analyzes the relative strength of impartial hearing cases and evaluates the appropriateness of plaintiffs’ demands.
• Instructs appropriate offices in the DOE regarding their obligations to parents and students pursuant to impartial hearing orders.
• Reviews internal settlement recommendations.
• Gathers evidence and assists in researching issues for the Special Education Unit.
• Appears at pre-hearing conferences; responsible for reviewing administrative decisions.
• Researches state and federal case law and implications for settlement negotiations.
• Works with public advocacy groups, parents, and private attorneys to arrive at mutually beneficial settlements.
• Reviews, revises, and approves stipulations of settlements.
• Provides training for the field staff and attorneys on settlements and agreements.
• Reviews and negotiates claims for attorney’s fees.
• Prepares preliminary reports, statistical data and recommendations pertaining to cases.
• Reviews administrative decisions.
• Reviews, revises, and approves requests for pendency.
• Acts as liaison to the Office of the Corporation Counsel for special education matters filed in Federal Court.

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).

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

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.

Preferred

• Excellent communication and interpersonal skills.
• Ability to understand provisions of applicable laws and regulations.
• Ability to write clearly and concisely.
• Litigation experience.
• Settlement experience.
• Efficient legal research skills.
• Supervisory experience.

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 make 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/.