As further explained on our Disclaimer page, the information provided in this FAQs section is for general informational purposes only and should not be construed as legal advice, legal direction, or a guarantee of representation by WNYFACES.

Every situation is unique, and readers are strongly encouraged to consult with an attorney regarding their specific circumstances before taking any action.

WNYFACES / Evaluation & Identification / Educational Placement & Services / Dispute Resolution & Litigation

WNYFACES FAQs

What is WNYFACES?

As explained on our About Us and History page, we are a nonprofit 501(c)(3) organization dedicated towards the protection and implementation of civil rights for students with disabilities. We provide free legal representation and advocacy for families navigating special education disputes, disability discrimination, and educational access under the relevant statutes of federal and state law such as IDEA, ADA, Section 504, and 8 NYCRR §§ 200 & 201.

Who does WNYFACES Serve?

We proudly represent families and students with disabilities in Western New York, primarily including Erie, Niagara, and Cattaraugus counties.

Is There Any Cost for Services?

No. WNYFACES prides themselves on providing all services, including legal representation at no cost to families. In most cases, when we prevail, we seek attorneys’ fees directly from the opposing party (typically the school district) under federal and state fee-shifting laws.

How is WNYFACES Funded?

WNYFACES is currently funded through the generous donations of individuals, parents, and through the statutory awards of attorneys’ fees in successful cases.

How do I Request Representation or Services from WNYFACES?

You may request assistance by contacting us through our intake process on our Contact Us Page. After reviewing your matter, we will determine whether we can assist based on eligibility, the merits of the case, and available organizational resources.

Who Will Represent Me if WNYFACES Accepts my Case?

You will be represented by a New York State Licensed Attorney and/or legal advocates, clerks, and paralegals under attorney supervision with expertise in special education, civil rights, and disability rights laws.

Is there any Financial Eligibility Requirements to Receive Services?

While WNYFACES prioritizes families who would otherwise be unable to afford private legal representation, services are available regardless of income based on the nature of the case and organizational capacities.

Does WNYFACES Represent Families Outside of New York State?

At this time, WNYFACES is unable to provide representation to families outside of New York State. If your matter falls outside of New York, we may be able to provide a referral to appropriate organizations, or provide some general legal information.

Evaluation and Identification FAQs

What is “Child Find” and How Does it Relate to my Child’s Rights?

Under IDEA and Section 504, school districts are legally required to identify, locate, and evaluate all children suspected of having disabilities. This duty is known as “child find” and applies regardless of whether a Parent requests and evaluation. See our page regarding Child Find for further inquiry.

When Should I Request an Evaluation for my Child?

If you have any suspicions and feel your child may have a disability that affects their educational performance, you should request an evaluation in writing directed towards the district as soon as possible. Early identification and services is critical to addressing and ensuring your child receives the supports they need to succeed.

How Long does the School Have to Complete an Evaluation After I Request It?

In New York State, the district must complete the evaluation within 60 calendar days of receiving your written consent to evaluate.

Can I Get an Independent Educational Evaluation (“IEE”) at Public Expense?

Yes, If you disagree with the school’s evaluation, you have the right to request an independent educational evaluation at public expense, and in many cases, the district must fund/pay for it.

What if the School Refuses to Evaluate My Child?

If the district refuses, they must provide a prior written notice explaining its decision. You have the right to further challenge the refusal through an impartial due process hearing.

Educational Placement Questions

What is an Individualized Education Plan (“IEP”)?

As further explained on our IEP & 504 Plan Page, an IEP is a legally binding plan developed for students eligible under the IDEA, 8 NYCRR § 200, and federal regulations. It outlines the Student’s educational needs, goals, supports, services, and placement in the least restrictive environment.

How is My Child’s Educational Placement Decided?

Placement decisions are made by the Committee on Special Education (“CSE”) or Section 504 team based on the child’s individual needs, and must ensure education in the least restrictive environment is appropriate.

What Does Least Restrictive Environment (“LRE”) Mean?

As further explained on our Least Restrictive Environment Page, LRE means students with disabilities must be educated alongside their non-disabled peers to the greatest extent appropriate. Removal from the general education settings should only occur when necessary due to the nature or severity of the disability, and once all appropriate auxiliary aids and services have been exhausted.

Can the School Change my Child’s Placement Without my Consent?

Significant changes to placement require CSE approval and further require parent participation and consent. Should the district attempt to change placement against the Parent/Guardian objection, there are specific procedural steps needed to be taken.

What Services Should be Included in an IEP?

Depending on your child’s needs, there are extensive procedural and substantive requirements that the district must follow in the development, maintenance, and implementation of IEPs. See our IEP & Section 504 Page for further information.

My Child is Struggling but Does Not Have an IEP. What Should I do?

There are many options to take based upon the specific facts and circumstances regarding your child, situation, and the struggles manifesting. The appropriate response may be a referral to the CSE for evaluation through the district CSE Chairperson or board of education or the filing of a due process hearing. Contact us today if you would like to discuss your options.

Dispute Resolution and Litigation

What is a Due Process Hearing?

A Due Process Hearing is a legal proceeding where a neutral hearing officer is appointed and resolves disputes between parties, and in this case are appointed by the New York State Department of Education (“NYSED”) and the State Review Office (“SRO”). These hearings and appeals if necessary must be generally exhausted through the administrative process prior to filing a court action.

What Kinds of Issues Can be Challenged in a Due Process Hearing?

Disputes brought before a Due Process Hearing may include a variety of issues dependent upon your case. This may include denial of evaluation, inappropriate eligibility determination, failure to provide FAPE, unsuitable placement decisions, procedural violations, disability discrimination, and a host of other concerns not listed on this website. See our SPED Services Directory Page or Contact us today for further information.

Do I Need an Attorney or Representation to File for a Due Process Hearing?

Although you may file on your own, legal representation or support by someone with knowledge and expertise in special education is extremely recommended due to the complex procedural and substantive legal standards. Even licensed attorneys can struggle in practicing this area of law due to its intricacies.

What Happens to my Child’s Services While a Dispute is Pending?

During the pending dispute and hearing, your child is typically placed in a “stay-put” placement also known as “Pendency” placement. This is the last agreed upon program and services, unless the parties execute a written agreement stipulating otherwise.

What if the District Refuses to Implement/Provide Pendency?

If the District refuses to honor a student’s pendency or stay-put rights, you may seek immediate enforcement through an expedited due process motion commonly known as a request for a Pendency Hearing after filing a complaint with NYSED. The assigned Impartial Hearing Officer (“IHO”) will conduct an expedited hearing on that issue to determine Pendency placement prior to the proceedings.

Is it Possible to Resolve My Concerns Without a Due Process Hearing?

Yes. Many cases are able to be resolved through Alternate Dispute Resolution (“ADR”), such as mediation, resolution, or settlement agreements without a full hearing.

What If I Change My Mind After Signing a Settlement Agreement?

Once a settlement agreement is executed by all parties including the formalities, it becomes legally binding and enforceable. Generally you cannot revoke or cancel an agreement once the offer has been accepted unless extraordinary circumstances are present such as fraud, duress, or mutual mistake.

If the settlement agreement was signed at a Resolution Session pursuant to a Due Process Hearing, there are exceptions permitting a revocation of its terms within a certain time period. Contact Us today noting such an urgency if you have further questions.

What Happens if the School District Violates a Settlement Agreement?

Settlement agreements can be enforced through state or federal court proceedings, or in some cases additional administrative remedies. Contact Us should you have any concerns about next steps regarding enforcement.