Special Education Unit - Appeals Attorney (Level 3)

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

Job summary

New York City Department of Education seeks an Appeals Attorney (Level 3) in the Special Education Unit within the Office of the General Counsel. The role involves reviewing administrative and judicial decisions, drafting appellate documents, and coordinating with the Corporation Counsel on cases appealed to state and federal courts.

The position requires NYS Bar admission and at least three years of relevant U.S. legal experience, with strong research, appellate, and negotiation skills.

Qualifications

• Admission to the New York State Bar is required.
• Appellate experience preferred.
• Supervisory experience preferred.

Responsibilities

• Reviews administrative and judicial decisions in special education matters for possible appeal.
• Determines advisability of appealing cases to the Office of State Review after examing the Impartial Hearing record.
• Conducts legal research and drafts appellate documents.
• Reviews and responds to appeals of Impartial Hearing Orders.
• Acts as liaison to the Office of the Corporation Counsel for special education matters appealed to the State and Federal Court.
• Reviews court petitions and answers, discusses legal strategies, and attends court conferences.
• Maintains appeal files and databases.
• Reviews decisions for tracking issues and significant trends; takes appropriate action.
• Negotiates the settlement of appeals of special education claims.
• Reviews and negotiates settlements of IDEA claims filed with the DOE.
• Reviews, revises, and approves agreements prepared by staff attorneys.
• Reviews requests for pendency and offers legal advice on pendency claims.

Skills

Appellate experience

Settlement experience

Supervisory experience

Excellent communication

Legal research skills

Education

Admissíon to New York State Bar

Job description

Position Type

Administrative and Central Office

Office Title/Functional Title

Special Education Unit - Appeals Attorney (Level 3) - 23202

Civil Service Title

Agency Attorney OJ/MBF

Level

L3

Division/Office

Office of the General Counsel

Borough

Brooklyn

Posting End Date

12/31/2026

Description

Position Summary: Under the supervision of the Special Education Appeals Unit Managing Attorney, with latitude for independent judgment and decision-making, the Special Education Unit Appeal Attorney engages in difficult and complex legal work and supervisory review of work products which have significant financial, procedural, or policy consequences. Performs related work.

Reports to: Special Education Appeals Unit Managing Attorney

Direct Reports: SEU Attorneys and Special Education Community Associates

Key Relationships: Works closely with the Special Education staff, including the Special Education Office, Committees on Special Education, the Office of School Support, and the staff in the Office of Legal Services and the Office of Corporation Counsel.

Responsibilities

Level 3 Assignment

• Reviews administrative and judicial decisions in special education matters for possible appeal.
• Determines the advisability of appealing cases to the Office of State Review upon examination of the Impartial Hearing record.
• Conducts legal research.
• Drafts appellate documents.
• Reviews and responds to appeals of Impartial Hearing Orders.
• Acts as liaison to the Office of the Corporation Counsel for special education matters appealed to the State and Federal Court.
• Reviews court petitions and answers, discusses legal strategies, and attends court conferences.
• Maintains appeal files and databases.
• Reviews decisions for tracking issues and significant trends; takes appropriate action.
• Negotiates the settlement of appeals of special education claims.
• Reviews, investigates, and as appropriate, negotiates and finalizes settlement of IDEA claims filed with the DOE.
• Reviews, revises, and approves agreements prepared by staff attorneys.
• Reviews requests for pendency and offers legal advice on pendency claims.
• Analyzes, studies, and reports on the effects of City, State, and Federal legislation.

Qualification Requirements

Minimum

Admission to the New York State Bar AND three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar.

NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Preferred

• Ability to write clearly and concisely.
• Excellent legal research skills.
• Ability to understand provisions of applicable laws and regulations.
• Excellent communication and interpersonal skills.
• Appellate experience.
• Settlement experience.
• Supervisory experience.
• Internal candidates 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.)

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

* New York City Residency is NOT Required *

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/.