THE NEW YORK STATE EDUCATION DEPARTMENT
Senior Attorney, Grade 25 (PEF)
The New York State Education Department’s Office of Adult Career and Continuing Educational Services (ACCES) is seeking candidates to fill a Senior Attorney position in the Bureau of Proprietary School Supervision’s (BPSS’s) New York City Office. 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. BPSS is also responsible for ensuring that the schools maintain compliance with Education Law and the Commissioner's Regulations. The incumbent of this position will work collaboratively with the Office of Counsel in carrying out the duties of the position. Duties of this position include the following:
- Act as counsel for BPSS, advising the Bureau Director on legal issues impacting BPSS;
- Review investigative reports to determine what action should be taken in response to violations;
- 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;
- Provide background information to Attorney General’s Office in connection with Article 78 actions;
- Represent BPSS in administrative hearings;
- Review cases and prepare witnesses for hearing testimony, including investigators, staff, students, etc.;
- Coordinate postings of disciplinary actions on the website;
- Participate in meetings and conference calls with school’s counsel and other school staff;
- Refer schools to the Attorney General’s Office for unlicensed operation, fraudulent school activity, non-payment of fines, and tuition reimbursement claims;
- Work with the U.S. Justice Department, United States Department of Education and other agencies regarding legal matters involving schools;
- Receive subpoenas on behalf of BPSS in New York City;
- Prepare and/or oversee the preparation of cease-and-desist letters to unlicensed schools;
- Develop and/or oversee the development of responses to legal correspondence and legal inquires, and provide guidance to staff as needed;
- Review staff correspondence for legal soundness;
- Co-sign tuition reimbursement claims;
- Respond to BPSS Freedom of Information Law (FOIL) requests, determine scope of response, and review and ensure redaction of data and/or information, as appropriate;
- Appear in court on behalf of BPSS to respond to litigation;
- Act as a liaison with Hearing Officers and sign off on payment vouchers;
- File bankruptcy claims;
- Respond to auditing questions; and
- Draft regulation changes, as required.
Reassignment: Candidates must have one year of permanent competitive or 55b/c service as a Senior Attorney.
Eligible List: Candidates must be reachable on the Civil Service eligible list for this title. If you are on the Civil Service eligible list for this title, you may receive a canvass letter. You must complete and return it as instructed on the letter.
Section 52.6 Transfer: Candidates must have one year of permanent competitive or 55b/c service in a qualifying title SG-23 or above deemed eligible to transfer under Section 52.6 of the Civil Service Law AND possess a Juris Doctorate degree AND be admitted to the Bar to practice law in New York State or in a state with Bar reciprocity. For information regarding the transfer options of your current title, please visit the Civil Service Career Mobility Office Website.
Section 70.1 Transfer: Candidates must have one year of permanent competitive or 55b/c service as a Senior Attorney (Realty). For information regarding the transfer options of your current title, please visit the Civil Service Career Mobility Office Website.
55b/c Appointment: This position is eligible for 55b/c designation and is subject to verification of applicant eligibility. Candidates must possess the minimum qualifications and a current 55b/c eligibility letter.
This will be a contingent permanent appointment. For 55b/c appointment, candidates must possess the minimum qualifications, a current 55b/c eligibility letter and is subject to verification of applicant eligibility. Promotions and transfers may change appointee’s negotiating unit. Applicants should be aware that changes in negotiating units may affect their salary, insurance, and other benefits. Verification of degree, Bar admission and work experience will be required for all candidates at the time of interview. Candidates are required to possess and maintain admission to the New York State Bar. Failure to maintain an active registration to the New York State Bar will result in removal from employment.
This position may be filled as a traineeship. The salary above applies to candidates appointed to Senior Attorney, SG-25. The salary for candidates appointed to Assistant Attorney 2 starts at $70,923 (Hiring rate of $67,897 plus $3,026 Downstate) and, for current New York State employees, is based on the candidate’s salary at the time of hire. Candidates appointed at the trainee level will be required to successfully complete the traineeship to advance to the journey level title and salary.
*Leads to a maximum salary of $111,111 based on annual performance advances.
**In addition to the listed base salary, this position receives a $3,026 annual Downstate location adjustment.
Qualified candidates should send a resume and letter of interest by July 12, 2022 to firstname.lastname@example.org (email submissions are preferred). Your resume must clearly indicate how you meet the minimum qualifications for this position. You must include the Box number (ACS-2684/00139) of the position in the subject line of your email and cover letter to ensure receipt of your application. Your social security number may be required to confirm your eligibility.