As the parent or guardian of a child enrolled in public school in Frisco, you probably worry at least a little bit on an almost daily basis about how your child is doing at school; what kind of relationship they have with their teachers and classmates; whether the school environment is welcoming or difficult; and how your child is progressing and learning on a day-by-day basis. That's why it can come as a real shock if you receive a notice from your child's school that they have been removed from class and that the school intends to assign them to Frisco's Disciplinary Alternative Education Program (DAEP), which is located at the Frisco Independent School District's Student Opportunity Center.
The day-to-day experience in a DAEP is radically different from what your child is used to at their regular Frisco school. The entire day, from the moment your child dresses for school until they leave the building after classes are over, is much more regimented and structured than it is when your child attends one of Frisco's other schools. In addition, having to move to a completely different school in the middle of a school year will separate your child from their friends, teachers, and classes at their old school. The academic choices at Frisco's DAEP are much more limited than what is usually available at Frisco's other schools.
This isn't to say that programs like DAEP don't have their place. Some students will benefit from the rigid structure and more limited opportunities to be distracted away from the learning experience. But for many students, assignment to a DAEP is likely to hurt more than it will help, especially when the assignment is based on questionable decisions made by school officials about the student's conduct. This is why if you are notified that your child may be assigned to Frisco's DAEP, you should immediately contact student discipline attorney-advisor Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team. They have years of experience helping students who are accused of serious misconduct in schools all over the country as well as in Texas. They can help you quickly understand your child's situation, investigate the background of the misconduct allegations, and prepare for a conference with your child's school that can make all the difference in whether or for what length of time your student is assigned to Frisco's Student Opportunity Center.
What Your Child Can Expect at Frisco's DAEP School
The experience of attending Frisco's DAEP is much different than the experience of attending any of Frisco's other schools. For one, all of the DAEP classes are online, making the learning environment very different from the classroom setting your child is probably used to.
There is more. Frisco's Student Opportunity Center has a strict dress code that students must follow each class day. Among the requirements are the following:
- Students must wear a navy blue polo or button-down shirt with a collar
- Coats and sweaters must be checked before the student enters the building each day
- Pants must be 5-pocket-style blue jeans or khaki pants; cargo pants, sweats, shorts, and capris are prohibited
- Students must wear a black or brown belt
- Shoes must be white, black, gray, or brown and solid-colored
- Shoelaces must match the shoe color
- Socks must be solid white or solid black
Frisco's DAEP also restricts what students can bring with them to school each day. In particular:
- Cell phones, keys, and cash must be checked before entering the school building
- Hats, caps, head coverings, elastic hair ties, and headbands are prohibited inside the school
- Backpacks and purses are not allowed
- Jewelry of any kind is prohibited, including watches, rings, bracelets, necklaces, and piercings
- Any checked prohibited items are not returned to the student, but must be collected by the parent or guardian
In many DAEP schools, students are physically searched before being allowed to enter the school and must pass through metal detectors before being allowed to enter. Their behavior once inside the school is also regulated; they may, for example, be required to walk single file with their hands in their pockets or behind their backs, or to face the hallway walls while waiting to move from one part of the school to another.
If you've been notified that your child may be assigned to Frisco's DAEP school, you owe it to your child and yourself to immediately and thoroughly investigate the claims that the school is making about your child's behavior. It is not unusual for school administrators to make mistakes about alleged student misconduct and to jump to conclusions about assigning a student to a DAEP when doing so would help no one – especially not the student.
This is where contacting student discipline attorney-advisor Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team as soon as possible can make all the difference. They have experience helping students all over the country defend themselves in school disciplinary situations. They understand how school discipline procedures work, and they can help you prepare a strong and effective defense of your child's rights before the school administration and, if necessary, in any appeal that may follow.
The Frisco Independent School District Code of Conduct
Public schools in Frisco operate under a single, district-wide code of conduct. At more than 40 pages, it covers many different aspects of student behavior and discipline, including issues related to DAEP placement. All public schools in Frisco use this code of conduct, including Frisco's middle and high schools:
Middle Schools
- Clark Middle School
- Cobb Middle School
- Fowler Middle School
- Griffin Middle School
- Hunt Middle School
- Lawler Middle School
- Maus Middle School
- Nelson Middle School
- Pearson Middle School
- Pioneer Heritage Middle School
- Roach Middle School
- Scoggins Middle School
- Stafford Middle School
- Staley Middle School
- Trent Middle School
- Vandeventer Middle School
- Wester Middle School
- Wilkinson Middle School
- Wortham Intermediate
High Schools
- Centennial High School
- Emerson High School
- Frisco High School
- Heritage High School
- Independence High School
- Lebanon Trail High School
- Liberty High School
- Lone Star High School
- Memorial High School
- Panther Creek High School
- Reedy High School
- Wakeland High School
Other Schools
- Career & Technical Education Center
- Student Opportunity Center (DAEP)
Frisco's 44 elementary schools also use this same Student Code of Conduct.
Types of Misconduct That Can Result in a DAEP Placement
There are two types of student misconduct that can result in a DAEP placement. For some types of misconduct, school administrators have the discretion to place or not to place the student in Frisco's DAEP. For other types of misconduct, the school administrator has no discretion and is required to assign the student to the DAEP.
The types of misconduct that “may” result in a DAEP placement include:
- Criminal mischief
- Releasing or threatening to release intimate images of a minor, or of a student over the age of 18 without that student's consent
- Assault with no bodily injury and assault by “offensive or provocative physical contact”
- Severe bullying, including bullying that encourages another student to commit suicide and group bullying that encourages violence against another student
- Being involved in a criminal street gang or a school fraternity, sorority, secret society, or gang
In addition, if the FISD superintendent has reason to believe that a student committed a felony off campus, and that the student is a danger to other students or to teachers, the student may be assigned to the Frisco DAEP.
Some types of misconduct require students to be assigned to the DAEP. These types of misconduct include:
- Using, giving, or selling marijuana, controlled substances, dangerous drugs, or alcohol
- Committing a felony of any type
- Abusing “volatile chemicals” in violation of the law
- Committing the offenses of public lewdness or indecent exposure
- Criminally harassing a school employee
- Committing a serious assault
- Retaliating against a school employee or volunteer
- Committing robbery or other specific types of felonies, where there is a deferred prosecution, or the student is adjudged a delinquent, or the FISD superintendent reasonably believes that the student did the acts that make up the crime
What's important to note is that, especially with the types of misconduct that “may” result in a DAEP assignment, the school administrator is frequently the person who determines whether or not the student committed the alleged misconduct. But it's not unusual for school administrators to get this part wrong. They often don't fully investigate misconduct claims, and their decisions can be based on both incomplete information and bias.
That's why it's so important to have the help of an experienced student discipline attorney-advisor. Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team understand that school officials frequently make mistakes. They will work on behalf of your child to uncover the whole story, to find witnesses or evidence that the administrator didn't, and to make sure that your child's rights are respected throughout the disciplinary process.
Disciplinary Proceedings and DAEP Placement in Frisco
The first step in the process that can result in your child being assigned to Frisco's DAEP is typically your child's removal from the classroom. When that happens, the school must schedule a conference with you and your child within three school days of when your child was removed from class. At that conference, you and your child will hear the reasons for their removal from class, and you'll have an opportunity to respond to those reasons.
This is your first and possibly your best chance to learn as much as possible about the reasons that the school may use to support a DAEP placement. It's also where working with an experienced student defense attorney-advisor can make a big difference in the outcome. By asking the right questions about the investigation that took place or suggesting alternative forms of in-school discipline, a seasoned attorney-advisor can help an administrator understand that there may not be support for the proposed DAEP placement.
School administrators are also required to consider certain mitigating factors that relate to the alleged misconduct or to the student. These include whether the student was acting in self-defense; what their intent (or lack of intent) was at the time of the incident; what their disciplinary history is; and whether they have a disability that may affect their ability to understand the nature of their conduct.
The Lento Law Firm Student Discipline Defense Team can help you and your child navigate the tricky waters of this initial conference. In many cases, by paying close attention to the details of the school's position, and by asking the right questions, they can help the school administrator realize when a situation doesn't justify a DAEP appointment.
If, however, the school administrator decides to move forward with a DAEP placement for your child, they will issue what is called a “placement order.” The placement order will indicate how long your child is to be placed in Frisco's DAEP. If the placement period is longer than what is provided for in the Frisco Student Code of Conduct, the order will explain the reasons for the added time.
In most cases, the maximum DAEP assignment is for one year, but this can be extended where the FISD finds that the student is a danger to other students or to school employees. If the placement is for more than 60 days, though, you will have “an opportunity to participate in a proceeding” before the FISD board or someone designated by the board to discuss the placement and argue for a shorter term.
Appeals of DAEP Placement in Frisco
There are three possible levels of appeal after your child's school has issued a DAEP placement order.
A Level 1 appeal is made to the school itself, typically to the school principal. The appeal must be filed within 15 days of when the placement order is made. The school administrator is required to schedule a conference within 10 days of receiving the appeal, and is required to rule on the appeal within 10 days of the conference.
A Level 2 appeal is filed with the FISD superintendent, and must be made within 10 days of the date of the Level 1 appeal decision. The superintendent must then schedule a conference within 10 days after the Level 2 appeal is filed, and must rule on the appeal within 10 days of that conference.
Finally, a Level 3 appeal can be filed with the FISD board. It may be ruled on based on the papers only, or if two board members request, the appeal can be heard at a board meeting. There is no set time for the board to respond to a Level 3 appeal. If it fails to respond at all by the time of the next board meeting, the Level 2 decision will remain in place.
Navigating this appeal process can be complicated and difficult, especially if it's not something you have done before. Fortunately, student discipline attorney-advisor Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team have done this kind of thing before for students in serious disciplinary situations all across the US. They will bring that experience to help you and your child prepare and file timely and effective appeals that cover the necessary points in a clear and forceful fashion.
How a Student Discipline Defense Attorney Can Help Your Child Avoid DAEP Placement in Frisco
This may be the first time you've been exposed to a situation where your child is at risk of being sent to Frisco's DAEP. But it's not the first time that student discipline attorney-advisor Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team have faced situations where students were at risk of suspension, expulsion, or assignment to disciplinary education programs. They will work with you and your child to examine the situation, find any additional evidence that might help your child, and present effective and clear arguments to school personnel in favor of keeping your child in their present school and out of Frisco's DAEP. They understand the often tight timelines that apply in these kinds of disciplinary cases, and they will be there for you to help you every step of the way.
Don't delay! If you have been notified that your child may be assigned to Frisco's DAEP, call Joseph D. Lento at once at 888.535.3686, or use the Lento Law Firm Student Discipline Defense Team's online contact form to schedule a confidential consultation.
