Special Education Hearing Officer

ADMIN TRIALS AND HEARINGS; New York (NY); On-site; USD 120,000 - 170,000; Full time

Job summary

City of New York OATH seeks an attorney to serve as a special education hearing officer for impartial due process hearings under IDEA and Section 504. Requires NYS Bar admission and four years of relevant legal experience, including supervision of other attorneys.

Hearings may be conducted remotely or in person; written decisions will be issued. Training is provided; the appointment is for a four-year term with possible reappointment. Residency is not required.

Qualifications

• Admission to NYS Bar and four years of relevant legal experience after admission, including at least 18 months supervising other attorneys.

Responsibilities

• Conduct hearings by remote means and in person, evaluating evidence and maintaining courtroom procedures.
• Conduct settlement conferences between parents and NYCDOE.
• Issue written decisions.
• Conduct legal research regarding IDEA, Section 504, and related education law.
• Maintain professionalism and handle assigned matters promptly.
• Handle special assignments and projects including oral and/or written presentations.

Skills

Oral communication

Written communication

Legal research

Regulatory interpretation

Education

New York State Bar admission

Job description

ABOUT OATH: The City of New York’s Office of Administrative Trials and Hearings (OATH) is the nation’s largest administrative tribunal, holding more than 250,000 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 attorney to serve as special education hearing officers in the administration 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.

Responsibilities will include, but are not limited to:

• Conducting hearings by remote means and in person, evaluating evidence, and maintaining administrative courtroom procedures.
• Conduct settlement conferences between parents and the New York City Department of Education.
• Issue written decisions.
• Conduct legal research regarding state and federal education laws, the IDEA, Section 504, and special education programs.
• Maintain a high degree of professionalism and effectiveness in handling assigned matters promptly.
• Handle special assignments and projects including but not limited to oral and/or written presentations.

New York State Education Department impartial hearing officer training and additional training will be provided at no cost to the selected candidate after hiring.

OATH Special Education Hearing Officers are appointed for a term of four years, with potential for reappointment.

Please note: Incumbents must remain members of the New York State Bar in good standing and must attain NYSED impartial hearing officer certification promptly upon hiring and maintain such certification for the duration of this employment.

EXECUTIVE AGENCY COUNSEL - 95005

Minimum Qualifications

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.

Preferred Skills

• Possess knowledge of, and the ability to understand, the provisions of federal and state law and regulations pertaining to IDEA and Section 504 and legal interpretations of such law and regulations by federal and state courts.
• Possess knowledge of, and the ability to conduct hearings in accordance with appropriate standard legal practice and to render and write decisions in accordance with appropriate standard legal practice.
• Excellent oral and written communication skills.

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/.

Residency Requirement

New York City Residency is not required for this position

Additional Information

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.