CSE - Special Education Attorney

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CSE - Special Education Attorney
Duties: Reports to Deputy Director of the Special Education Unit and Special Education Unit Managing Attorney, Impartial Hearings; Reports: SEU Attorneys, Special Education Community Associates and Administrative Support Staff. 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. Works closely with the Special Education staff, including the Division of Specialized Instruction and Support, Committee on Special Education, the Office of School Support and the staff in the Office of Legal Services. 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. Analyzes studies and reports on the effects of city, state and federal legislation. Trains and supervises SEU Legal Associates to review, gather documentation, 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, utilizes computer systems to respond to due process complaints and to determine the Department’s obligations to parents and students pursuant to impartial hearing orders. Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands. Instructs appropriate offices in the DOE as to their obligations to parents and students pursuant to impartial hearing orders. Reviews internal settlement recommendations. Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands. Gathers evidence and assists in researching issues for the Special Education Unit. Appears at pre-hearing conferences and responsible for reviewing administrative decisions. Reviews internal settlement recommendations. Analyzes relative strength of impartial hearing cases and evaluates appropriateness of plaintiffs’ demands. Researches state and federal case law and implications on 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. Gathers evidence and assists in researching issues for the Special Education Unit. Reviews administrative decisions.

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