Special Education Attorney

5 days ago

Manhattan, Kansas, United States Teachers Support Network Full time
Job Summary

We are seeking a highly skilled and experienced Special Education Attorney to join our team at Teachers Support Network. The successful candidate will be responsible for providing legal advice and representation to the Special Education Unit, with a focus on 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.

Key Responsibilities
  • Prepare for and/or try 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.
  • Determine the advisability of presenting witnesses as well as the admissibility of types of evidence and matters of legal strategy.
  • Provide 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

The ideal candidate will have a strong background in education law, with a minimum of 2 years of experience in Assignment Levels I and/or II or 3 years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment. The candidate must remain a Member of the New York State Bar in good standing for the duration of this employment.

Preferred qualifications include 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, and supervisory experience.

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