When a child who has a disciplinary issue is in foster care, make sure school authorities account for the fact, particularly because administrative officials have discretionary power in determining discipline sanctions.

Foster children, for instance, may not want personal information shared with the school system.

If a child who has misbehaved may have an identified disability, request an evaluation under IDEA.

If there are behavioral problems, work with the school to explore accommodations that include behavioral modification techniques and interventions. Include these in the IEP.

The best time to have a Functional Behavioral Assessment and Behavioral Intervention Plan is before there has been a discipline problem.

If a child with an IEP or § 504 plan has been suspended more than ten consecutive days, or ten days total in the school year, be sure a manifestation determination meeting is scheduled, and if not, request one in writing.

Request a manifestation determination if the school knew, or should have known, the child has a disability under IDEA or Section 504.

If there is a disciplinary hearing or manifestation determination, have an attorney represent the child. Be aware of the interaction between the school hearing process and any criminal charges.

Consider having caseworkers, therapists, medical providers, or other advocates at the manifestation meeting.

Questions for a manifestation determination meeting: