ABOUT OATH:

The City of New York’s Office of Administrative Trials and Hearings (OATH) is the nation’s largest administrative tribunal, holding approximately 400,000 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 one (1) attorney to serve as a Settlement Officer to conduct settlement conferences in the administration of special education impartial due process hearings for students with disabilities, 3-21 years of age, arising under the federal Individuals with Disabilities Education Act (IDEA).

The 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.

The Settlement Officer will be instrumental in launching a specialized settlement unit to work in parallel with the impartial hearing process. The candidate will be responsible for, amongst other things, developing strategies, selecting claims for settlement, and conducting settlement conferences prior to commencement of the impartial hearing timeline. This role calls for a candidate with applicable legal experience, settlement negotiation experience, and intimate knowledge of the special education impartial hearing landscape.

Responsibilities will include, but are not limited to:
- Manage pre-hearing adjudicatory activities and timeline in cases handled by Special Education Hearing Officers so that settlement conferences are held in a timely fashion
- Assist in the preparation and coordination of requisite notices and documentation to assure full due process rights for students with disabilities
- Adhere to best practices to conduct settlement conferences efficiently and effectively, by remote means and in person, between parents and the New York City Department of Education to arrive at mutually beneficial agreements
- Track and review documentation submitted for settlement conferences
- Maintain logs and preparing reports of settlement conference results to inform Deputy Commissioner on policy-related decisions
- Handle special assignments and projects including but not limited to oral and/or written presentations
- Maintain a high degree of professionalism and effectiveness in handling assigned matters promptly

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.

1. Have significant experience engaging in settlement negotiations. 2. Possess knowledge of, and the ability to understand, the provisions of federal and state law and regulations pertaining to IDEA and legal interpretations of such law and regulations by federal and state courts. 3. Possess knowledge of, and the ability to conduct settlement conferences in accordance with appropriate standard legal practice and to render and write recommendations in accordance with appropriate standard legal practice. 4. Excellent oral and written communication skills. 5. Knowledge of Microsoft Word, Excel, Outlook, Access and PowerPoint. 6. History of volunteerism, such as service in the AmeriCorps or Peace Corps, is viewed favorably. 7. Have a minimum of two years practice and/or experience in the areas of education, special education, disability rights or civil rights.

New York City residency is generally required within 90 days of appointment. However, City Employees in certain titles who have worked for the City for 2 continuous years may also be eligible to reside in Nassau, Suffolk, Putnam, Westchester, Rockland, or Orange County. To determine if the residency requirement applies to you, please discuss with the agency representative at the time of interview.

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.