Supervising Special Education Hearing Officer

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 will include, but are not limited to:
- 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

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.

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.