Whether they're small or severe, mistakes happen. Especially when it comes to teenagers. Unfortunately, high school students facing disciplinary action at their schools are often at risk of having their futures derailed. Whether you've made a mistake or you're simply a victim of a misunderstanding, you don't want to let anything stop you from receiving your diploma and chasing your dreams.
If you are a student facing disciplinary action, or a parent of a high schooler in trouble with the school, you need an experienced student defense attorney-advisor in your corner. Joseph D. Lento and his Student Defense Team at the Lento Law Firm have many years of experience and will fight tirelessly to protect your rights and achieve the best outcome possible to safeguard your future.
Disciplinary Alternative Education Programs in Plano, Texas
If you've been accused of misconduct at a high school in the Plano Independent School District, you may be facing placement in a disciplinary alternative education program.
The following high schools are included in the Plano Independent School District:
- Academy High School
- Plano Senior High School
- Vines High School
- Clark High School
- Plano East Senior High School
- Williams High School
- Jasper High School
- Plano West Senior High School
- McMillen High School
- Shepton High School
Deferrals to these programs are common after a disciplinary proceeding by the Plano Independent School District, and if you are sent to one, it could seriously jeopardize your future. Historically, many of the students in Plano who are sent to disciplinary alternative education programs are not sent for conduct posing a major risk to school or student safety.
If your high schooler is facing disciplinary proceedings or DAEP placement in Plano, the Lento Law Firm can help. Attorney-Advisor Lento and his Student Defense Team have particular experience with these issues and know how to work with a school bureaucracy to get results.
What Does Disciplinary Alternative Education Program Placement Mean?
Disciplinary Alternative Education Programs (DAEPs) are a form of exclusionary discipline where students are removed from their school and sent to a separate educational setting to work on behavior issues before returning to school. In 1995, the Safe Schools Act required all Texas public school districts to provide DAEPs. Each school district has different rules, mandates, and facilities. Technically a DAEP can simply take the form of a separate classroom on school grounds, most school districts have a separate DAEP facility.
In the Plano Independent School District, the decision to defer students to a DAEP is typically made by school administrators. When a student is placed in a DAEP in Plano, they will have the opportunity to complete coursework that is required for graduation. Students from kindergarten through 12th grade can be sent to a DAEP, and the Plano Independent School District dictates that elementary school students may not be placed in a DAEP with older students.
DAEP placement is typically classified as either discretionary or mandatory. Except in the case of emergency, a formal conference between the student, a parent, and the school is required to take place before the placement.
Discretionary DAEP Placement
Discretionary placement means that a student may be placed in a DAEP, but it is not required by law.
According to the Plano Independent School District Student Code of Conduct, students may be placed in a DAEP for general conduct violations. General conduct violations include:
- Disregard for Authority
- Mistreatment of Others
- Property Offenses
- Possession of Prohibited Items
- Illegal, Prescription, and Over-the-Counter Drugs
- Misuse of Technology Resources and the Internet
- Safety Transgressions
- Miscellaneous Offenses
A student may also be deferred to a DAEP if they committed certain felonies described in the conduct code off school property, but administrators believe they may be a threat to the school, students, or teachers.
Mandatory DAEP Placement
Students must be placed in a DAEP for a variety of more serious offenses. Some of these include:
- Terroristic Threats
- Felony Offenses on School Property
- Assault
- Sale of Controlled Substances or Alcohol
- Lewdness or Indecent Exposure
- Firearms Violations
- Aggravated Robbery
DAEP placement in these instances is mandated by the Texas Legislature. Although most cases of DAEP placement are discretionary and involve less severe offenses.
Emergency DAEP Placement
Emergency DAEP placement in Plano occurs when administrators believe that a student's behavior is seriously interfering with school operations. While typical DAEP placement occurs after a formal conference, administrators are only required to give a student oral notice of their placement before an emergency DAEP decision, and a formal conference must occur within 10 days of the placement.
Length of DAEP Placement
The Plano Independent School District Code of Conduct lists the following factors as determinants for the length of a student's DAEP placement:
- Seriousness of the Offense
- Student's Age and Grade Level
- Frequency of Misconduct
- Student's Attitude
- Statutory Requirements
The principal or another school administrator will typically be responsible for determining the duration of a student's DAEP placement, and the typical length of stay in Texas is between 30 and 40 days. If the school board mandates a DAEP placement for more than 60 days, the student and their parent have a right to attend an official proceeding in front of the board.
If a student is deferred to a DAEP near the end of the school year, the school can only require that they return to the DAEP the following academic year in certain circumstances. Namely, the misconduct that earned them a DAEP placement must be harmful or otherwise severe.
Furthermore, placements cannot exceed one year unless the student was involved in a sexual assault, or the Plano Independent School District determines that the student is a threat to the safety of others.
Students may also exit their assigned DAEP before the end of the ordered duration if they graduate or in some circumstances when they are facing felony charges that are reduced to misdemeanor charges.
Expulsion and DAEP Placement
For severe offenses, DAEP placement may be an alternative to expulsion. If, however, a student is expelled for an offense that also makes DAEP placement possible or required, they will not be mandated to undergo DAEP placement in addition to the expulsion.
If a student commits additional offenses or is accused of misconduct during a DAEP placement, the school board can hold additional proceedings during their placement and subject them to further orders, including an extension of the duration of the DAEP placement and expulsion.
What is the Difference Between DAEP and JJAEP Placement in Plano?
A Juvenile Justice Alternative Education Program (JJAEP) differs from a DAEP in that DAEP placements are ordered and operated by the school district while JJAEP placements are ordered and overseen by the juvenile justice system and the Texas Juvenile Probation Commission.
Texas counties with populations at or above 125,000 are required to have JJAEPs, and as it is a larger city, this includes Plano. JJAEP placements are often mandated as a result of more severe misconduct or criminal offenses, and while expelled students are not required to also enter a DAEP, they may be required to remain in a JJAEP for a specified period of time or until they graduate.
Withdrawal From the Plano Independent School District
If a student withdrawals from the Plano Independent School District during a DAEP placement, any new district where they enroll can issue a placement order and mandate that the student complete the duration of the initial placement.
DAEP Placement Appeals
If you are facing a DAEP placement or are the parent of a student facing DAEP placement in Plano, you must file an appeal with your school's principal within five days of the DAEP decision. Depending on who made the decision, your appeal with either be heard by the Executive Director of Student, Family and Community Services or the Assistant Superintendent of Student, Family and Community Services.
During this time, you should retain an experienced student disciplinary defense attorney-advisor. Premier disciplinary defense attorney-advisor Joseph D. Lento and the Lento Law Firm can help. With nationwide experience, Lento and his Student Defense Team can prepare the strongest possible appeal. Call 888-535-3686 or go online now.
DAEP Placement Review
Students who are placed in a DAEP in Plano for four months or more are entitled to a placement review at least every 120 days. At the review, the school board will consider the student's academic status and their progress toward graduation. The review is also an opportunity for the student and their parent to make their case for being allowed to return to their normal classes.
Extenuating Circumstances
There are certain mitigating factors that Plano schools take into consideration when determining DAEP placement:
- Self-Defense
- Intent
- Disability
- Disciplinary History
- Foster Care Status
- Homelessness Status
The school administrators will consider these mitigating factors regardless of whether the misconduct falls under discretionary or mandatory DAEP placement.
How is DAEP Placement in Plano Harmful?
While DAEP placements may have been set up to help students, they have become overly used and are often an overly harsh punishment for many high schoolers in Plano. Forcing students into this exclusionary disciplinary system can have many harmful consequences:
Substandard Curriculum
Although Plano schools offer students the opportunity to continue mandatory coursework during their DAEP placement, the level of education is usually subpar and when students are subjected to lengthy stays, they often fall behind and find it difficult to catch up when they re-enter their normal classrooms.
No Extracurricular Participation
Students in DAEP programs are not permitted to participate in any extracurricular activities, forcing them to abandon their teams, routines, and creative and physical outlets.
No Transportation
According to the Plano Independent School District code of conduct, DAEP students are not provided with transportation to their placement. What's more, days that a student is reported absent from their DAEP are not counted toward the length of their placement.
Ostracization
In addition to suffering academically, students facing DAEP placement are ostracized from their friends and classmates and may often feel a sense of embarrassment or failure. Even when they return to their classrooms, students often feel ostracized by their peers.
Overly Harsh Punishments
In many cases, students in the Plano Independent School District are sent to DAEPs for minor offenses and instances of misbehavior. Students sent into DAEP placement often feel that they are being treated as a criminal, even though most have not even broken the law. In fact, students can be sent into DAEP placement for typical disorderly conduct and classroom interruptions.
Recurrence
DAEP placements were designed to be a temporary process, a separate measure for behavioral management, with the end result being the student's return to school. Unfortunately, the negative emotional, social, and academic consequences that result from an initial DAEP placement often lead to more placements in the future. Once students are deferred to a DAEP, they are likely to find themselves in the same situation again. Unfortunately, as these disciplinary measures add up the placements can increase in duration.
How the Lento Law Firm Can Help
Attorney-Advisor Joseph D. Lento and his Student Defense Team have nationwide experience defending students facing disciplinary proceedings. They also have particular experience with DAEP placement appeals and proceedings, and their cooperative approach is the best way to reach the best possible outcome for your high schooler.
When it comes to securing your child's future, the stakes don't get much higher. Don't put everything in the hands of the first face you see on a billboard. Hire Attorney-Advisor Lento and his experienced Team and rest easy knowing that you're in good hands. Lento and his Team will negotiate with the school on your behalf, protecting your child's rights to keep their future secure. Call 888-535-3686 or go online now.
For more information on Disciplinary Alternative Education Program Placements in other school districts, and more details on Texas DAEP placements in general, check out our Education Law Library.
