Experience
2 yrs required
Location
New York City, NY, United States
Posted on
May 22, 2018
Profile
Impartial Hearing Representative
The candidate reports to: Managing Hearing Representative. Works closely with the Managing Hearing Representative; FSC Administrators of Special Education; FSC Directors of Special Education; the CSEs; D75; OLS; parents and their representatives, and other stakeholders.
Manages impartial hearing cases from the filing of a complaint through conclusion Represents the DOE at impartial hearings initiated on behalf of students with disabilities and hearings initiated on behalf of District 1-32 schools and/or CSE 1. Confers with special education specialists, technical experts, and attorneys, including counsel for litigants. Analyzes the relative strength of impartial hearing cases and evaluates the appropriateness of plaintiffs’ demands. Appears at pre-hearing conferences and all hearing dates. Prepares preliminary reports, summaries, and recommendations pertaining to case. Reviews due process complaints (DPCs) and creates a case file, including all relevant documents related to the student’s IEP and special education program and services; examines and analyzes educational records and documents, case files, legal filings and all other relevant information; and uses independent judgment to make recommendations about approaches and strategies to appropriately respond to cases Corresponds with parents, their representatives and other stakeholders, as appropriate Works closely with the FSC Directors of Special Education, FSC Administrators of Special Education, CSEs, D75, and OLS partners, as well as directly with schools, on case investigation, witness identification, information gathering, and hearing preparation. Reviews student records; makes school visits in order to investigate allegations in due process complaints, and gathers information about students’ special education program and services. Consults with FSC Administrators of Special Education, FSC Directors of Special education, and CSEs regarding resolution of DPCs. Participates in the review of resolution agreements to address special education issues raised in the DPC. Consults with OLS attorneys regarding issues relating to the settlement of DPCs and/or for support in legal strategy and research regarding issues relating to hearings. Interviews relevant IEP team members, including School Psychologists, Special Education Teachers, and Related Service Providers, to discuss special education program and services. Compiles conference sheet for case conference with Managing Hearing Representative and other staff to develop hearing strategies for each case. In conjunction with management team, develops and implements plans for hearings, compiling evidence, writing opening statements and witness questions, and preparing witnesses for hearing. Represents the DOE in the hearing at all hearing dates for assigned cases, including pendency hearings, pre-hearing conferences, and substantive hearing dates. Secures witnesses and evidence for hearings. Conducts direct- and cross-examination of witnesses brought by the DOE and the parent at hearing. Assists in compiling fact and legal memoranda regarding cases upon request of Impartial Hearing Officer; prepares closings, including closing memoranda when required Maintains records and collects data about due process complaints and impartial hearings Develops and maintains expertise in DOE services and programs designed for students with disabilities; special education law, policy, and practices; City, State, and Federal law and policy associated with parents’ due process rights and the impartial hearing process; programs and services offered in DOE schools or in New York State Education Department (SED)-approved non-public schools, as well as programs and services offered in non-approved private schools.
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