Senior Attorney

2 days ago


Albany, United States New York State Full time

Duties Description The New York State Education Department’s Office of Counsel and Office of Special Education and Adult Career and Continuing Educational Services (OSEA) are seeking candidates to fill a Senior Attorney position in Albany. The incumbent would be stationed within Office of Counsel, a team of two dozen attorneys which provides legal services to the Board of Regents, Commissioner of Education and Department on a wide array of educational issues across the State and will serve as in-house counsel for the Bureau of Proprietary School Supervision (BPSS) and Vocational Rehabilitation (VR). BPSS is responsible for protecting the educational and financial interests of students. BPSS supervises approximately 300 licensed private career schools and post-secondary non-degree schools for adults. The Bureau is responsible for ensuring that the schools are in compliance with Education Law and the Commissioner's Regulations. VR is responsible for assisting individuals with disabilities to achieve and maintain employment and to support independent living.Duties of this position include, but are not limited to, the following:• Advise the Bureau Director and other managers on legal issues impacting BPSS and VR;• Prosecute Disciplinary matters, including review investigative reports to determine what action should be taken in response to violations; prepare and/or oversee the preparation of cease-and-desist letters to unlicensed schools; • Draft letter agreements as means to informally resolve school violations; Negotiate terms of letter agreements to finalize disciplinary action; Prepare Orders to Show Cause and Bills of Particulars for Commissioner’s signature for formal disciplinary action. • Represent the Department or Bureau in administrative hearings including review of cases and prepare witnesses for hearing testimony, including investigators, staff, students, etc.;• Participate in work groups and team projects for BPSS, VR, and Office of Counsel;• Work with the NYS Office of the Attorney General on Department litigation and BPSS referrals for unlicensed operation, fraudulent school activity, non-payment of fines, tuition reimbursement claims, etc.;• Develop and/or assist with the development of responses to legal correspondence and legal inquires; provide guidance to staff as needed; review staff correspondence for legal soundness;• Respond to subpoenas and Freedom of Information Law (FOIL) requests; determine scope of response and review and ensure redaction of data/information, as appropriate;• Review and assist in the preparation of legislation, regulations and guidance documents relating to BPSS and other Department program offices, as needed, and; • Draft and conduct research related to Department administrative decisions, including appeals brought under Education Law§310; • Provide legal analysis and advisement to ACCES-VR staff on issues involving customers receiving services from schools and training providers regulated by the Bureau of Proprietary School Supervision (BPSS);


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