Supervising Special Education Hearing Officer

ADMIN TRIALS AND HEARINGS; New York (NY); On-site; USD 140,000 - 190,000; Full time

Job summary

The City of New York’s Office of Administrative Trials and Hearings (OATH) seeks two Supervising Special Education Hearing Officers to oversee impartial hearings for students with disabilities, in accordance with IDEA and Section 504. This role manages IHOs and advises on policy and legal matters.

The position requires admission to the New York State Bar and four years of recent full-time legal experience, including at least eighteen months supervising other attorneys.

Qualifications

• Admission to the New York State Bar and four years of legal experience.
• Eighteen months of supervision of other attorneys in an administrative capacity.
• Experience in education law or public service is a plus.

Responsibilities

• Manage all pre- and post-hearing adjudicatory activities for impartial hearings.
• Ensure compliance with IDEA and Section 504.
• Assist in preparation of notices and documentation to protect due process rights.
• Provide ongoing training and guidance to Special Education Hearing Officers.
• Develop public-facing analyses and reports for officials and communities.
• Conduct hearings remotely or in person and issue decisions.
• Maintain professionalism and timely handling of matters.

Skills

Bar admission NYS

Legal experience

Supervise attorneys

Administrative / managerial capacity

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 two Supervising Special Education Hearing Officers to manage OATH special education impartial hearing officers (IHOs) in the administration of special education impartial due process hearings for students with disabilities, 3-21 years of age, pursuant to section 200.1(x) of the Regulations of the Commissioner of Education and/or pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended (Section 504). The Supervising Special Education Hearing Officers will work with the Deputy Commissioner of the Division to oversee all adjudicatory activities related to the impartial hearing process for parents, guardians, or school districts seeking relief pursuant to Individuals with Disabilities Education Act (IDEA), and/or pursuant to Section 504, and will serve as a senior advisor to the Deputy Commissioner of the Division on policy and legal matters.

The federal Individuals with Disabilities Education Act (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. Such disagreements may be resolved through an impartial hearing, a formal method in which the parties present and refute evidence before a hearing officer.

RESPONSIBILITIES

• Manage all pre- and post-hearing adjudicatory activities so that determinations regarding students’ services are made in a timely fashion. Monitor the activities and timeline involved in cases handled by Special Education Hearing Officers.
• Assure compliance with federal and state laws and regulations under the federal Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
• Assist in the preparation and coordination of the requisite notices and documentation to assure full due process rights for students with disabilities.
• Acts as a continuing training and educational resource for Special Education Hearing Officers concerning changes in federal and state laws and regulation and decisions of federal and state courts and the NYSED Office of State Review.
• Responsible for developing public-facing analyses and reports for elected officials, press outlets, families, and communities.
• Conduct 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, and special education programs.
• Handle special assignments and projects including but not limited to oral and/or written presentations.
• Maintain a high degree of professionalism and effectiveness in ensuring that assigned matters are handled promptly.

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

OATH Supervising 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.
• Demonstrated ability to manage hearing officers, judges, and/or adjudicatory staff.
• 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.