If your child is enrolled in one of the 34 public schools that are part of the Laredo Independent School District (LISD), you may have heard about the Francisco S. Lara Academy, more commonly known as the F.S. Lara Academy, which is Laredo's “Discipline Alternative Education Program” (DAEP) school. Students in grades 6 through 12 attend F.S. Lara, typically after one or more disciplinary incidents at another one of Laredo's public schools that result in their mandatory placement at F.S. Lara.
What Your Child Can Expect at Laredo's DAEP School
As a DAEP school, F.S. Lara offers only a basic curriculum, one that meets the minimum requirements of Texas state law. It also offers a vastly different day-to-day experience than Laredo's other middle and high schools do. In particular:
- Students are patted down before entering school each day and must pass through a metal detector. Their shoes are checked for contraband.
- Backpacks, wallets, purses, and money are not allowed.
- Coats are not allowed inside the building and must be checked before the students enter the building.
- Pens and markers are not allowed; students write with pencils provided by teachers.
- Mobile phones are prohibited and will be confiscated if found.
- Makeup, fake nails, long nails, piercings, jewelry, rosaries, and dyed hair are forbidden.
- House keys are the only keys allowed. They must be checked at the school entrance and are returned to the student at the end of the school day.
For obvious reasons, most students would rather not find themselves assigned to the DAEP at F.S. Lara. In addition to the stigma associated with being sent to a disciplinary school, the strict requirements and limited curriculum promise a much less enriching experience than the student would experience at one of Laredo's other middle or high schools.
If you are the parent or guardian of a middle- or high-school student in Laredo who has been accused of misconduct that could result in their being assigned to F.S. Lara DAEP, you may feel at a loss about their situation. As much as you might like to, you can't monitor your student every minute of every school day, and if they're facing a serious disciplinary proceeding at their school, you may not know what to do about it.
Joseph D. Lento and the Lento Law Firm Student Defense Team can help you, just as they've helped families of students facing disciplinary proceedings in Texas as well as all across the United States. Their years of experience in a wide range of different types of school disciplinary matters give them the breadth and depth of experience that is hard to find elsewhere. They understand how disciplinary proceedings work, and they can often suggest alternative forms of discipline that can keep your student at their present school and prevent a mandatory DAEP assignment.
The Laredo Independent School District Code of Conduct
Laredo has a district-wide code of conduct and related student handbook that apply to all public schools in Laredo. Laredo's middle and high schools are as follows:
Middle Schools
- Dr. Joaquin G. Cigarroa Middle School
- Louis J. Christen Middle School
- Mirabeau B. Lamar Middle School
- Memorial Middle School
High Schools
- Dr. Dennis D. Cantu Health Science Early College High School
- Dr. Leonides G. Cigarroa High School
- Hector J. Garcia Early College High School
- Jose A. Valdez High School
- Joseph W. Nixon High School
- Raymond & Tirza Martin High School
Specialty High Schools
- Pathways in Technology Early College High School (PTECH)
- Sabas Perez Early College High School
- Vidal M. Treviño School of Communications and Fine Arts
DAEP School
- Francisco S. Lara Academy
All of these schools follow the same Code of Conduct and School Handbook, which is available in both English and Spanish.
Types of Misconduct That Can Result in a DAEP Assignment
The LISD's Code of Conduct creates four levels of misconduct offenses.
Level I are “Minor Offenses” that typically won't result in a DAEP transfer. They include cheating, leaving the school property without permission, minor class or school disruptive conduct, improper use of electronic devices, including mobile phones, and, oddly enough, the “use of ‘Fidget Spinners.'” Most of the consequences of Level I misconduct are administered by the classroom teacher, but the Code of Conduct gives the school the ability to impose a wide range of other consequences, including detention, in-school or out-of-school suspension, and even DAEP assignment.
Level II offenses are termed “Serious Offenses” and cover conduct that “will substantially disrupt the school program or incite violence”: use of profanity or obscene gestures, fighting, bullying, hazing, repeated violations of school conduct rules, possession of fireworks, possession of gun parts or ammunition, “engaging in graffiti,” and other offenses – 42 numbered offenses, in total.
A student who is found to have committed a Level II offense may be assigned to the F.S. Lara DAEP program. There are 29 listed types of offenses that may result in the student being placed in the DAEP program.
Level III offenses are specifically called “Offenses That May Require Discipline Alternative Education Program (DAEP).” There are 14 different types of offenses that will require the student to be placed in the DAEP program. These include a number of crimes such as assault, terroristic threat, false alarm reporting, delivery of a controlled substance or alcoholic beverage, use of fireworks, use or possession of a knife up to 5.5 inches in length, making threats, and others.
Level IV offenses are the most serious and are called “Offenses That May Require Expulsion.” Some of these are the same as Level III offenses, but the Code of Conduct gives the LISD the option to expel the student rather than assign them to F.S. Lara. Some offenses, such as possession of a firearm and serious crimes of violence, require the student to be expelled.
Because the LISD Code of Conduct leaves a lot of discretion with school officials, one student who commits a particular type of offense might be treated very differently from another student who commits the same type of offense. As a result, if your student is accused of any type of misconduct that their teacher isn't going to handle – in other words, if the alleged misconduct becomes something where school administration gets involved – you may need the help of an experienced student defense attorney.
That's where Joseph D. Lento and the Lento Law Firm Student Defense Team can help. They understand that school disciplinary procedures can often be administered in what appears to be an unfair way. Busy school administrators don't always have the time or the training to investigate misconduct allegations properly, and sometimes they may favor one student over another. It can make a significant difference to have an experienced student defense attorney on your side, someone who can contact the school on your child's behalf and make sure that they are respecting your child's rights.
Disciplinary Proceedings and DAEP Placement in Laredo
The LISD Code of Conduct describes what happens if a school is considering placing a student in F.S. Lara DAEP. First, the school will notify the student's parent or guardian “by phone or in person.” In addition, a Student Discipline Referral Form will be given to the student, who “will be instructed to deliver the Form to the parent/guardian.”
The DAEP placement can happen without any warning other than the Student Discipline Referral Form. Only after the student is removed from class and given a DAEP placement can you, as a parent, have an opportunity to confer with the school about the placement.
While relying on the accused student to deliver the Student Discipline Referral Form to their parents may not seem like a terribly effective way to make sure the parents are actually aware that the student is involved in a very serious disciplinary situation that could result in the student receiving a DAEP assignment, under the LISD Code of Conduct it “shall constitute as a good faith effort on the part of the District to inform the parent.”
This is why it's important to contact an attorney with experience in school disciplinary matters as soon as you learn that your child is at risk of being assigned to F.S. Lara. Even if you happen to pick up the phone call from the school or receive the Student Discipline Referral Form from your child the same day the school sends it home, you will need time to learn about the misconduct accusation and prepare for a conference with the school about the DAEP placement. Joseph D. Lento and the Lento Law Firm Student Defense Team can help with that and can be there for you and your student in discussions, negotiations, and conferences involving the school.
DAEP Due Process Conferences and Review Proceedings in Laredo
Under Texas law, schools are required to hold a “Due Process Conference” with students and their parents or guardians about the DAEP placement within three school days after the day the student is removed from class at their original school. At this conference, the school must present “written and oral notice of the reason for the removal” and “an explanation of the basis of the removal.” The student will have the opportunity to respond. If, after this conference, the school's behavior coordinator decides to move forward with the DAEP placement, the student's parent or guardian can ask for a review of the decision.
Requests for review are filed win the Laredo Independent School District's Student Hearings Officer. They must be received within 5 business days after the Due Process Conference. Requests for review will only be scheduled for a hearing after the student is “enrolled and attending” F.S. Lara. It is the school district that decides what procedures it will use at the hearing, and will notify the parents or guardians of those procedures in advance. The decision of the Hearing Officer concerning the student's DAEP placement is final and cannot be appealed.
You and your student can benefit significantly from having the help of an experienced student defense attorney-advisor in these kinds of situations. Whether at the Due Process Conference state or at the Student Hearings Officer stage, Joseph D. Lento and the Lento Law Firm Student Defense Team can help you prepare, gather evidence in support of your student, suggest alternative forms of discipline, and make sure that you take advantage of every opportunity provided by the school district to advocate on behalf of your child.
After DAEP Placement
After a student has been enrolled in a DAEP program for one semester and again at the beginning of each school year, a Review Committee will “review the student's placement” and will recommend to the LISD board whether or not the student should remain at F.S. Lara. Joseph D. Lento and the Lento Law Firm Student Defense Team can help you provide input at this stage to help your child return to class at their former school.
How a Student Defense Attorney Can Help Your Child Avoid DAEP Placement in Laredo
The student discipline process in Laredo public schools can be complicated, and if your child has been accused of one of the more serious types of misconduct, there is a definite risk that they may be removed from their present school and assigned to F.S. Lara DAEP. While there may be a legitimate need for disciplinary programs such as F.S. Lara's, the vast majority of middle- and high school students will be happier, better-educated, and more fulfilled as students and people if they can remain in a regular school setting.
Joseph D. Lento and the Lento Law Firm Student Defense Team can help make that happen. They have advised students all across the United States who found themselves embroiled in serious disciplinary proceedings at school. The Lento Law Firm Student Defense Team understands how these processes work; they've experienced them first-hand with their clients in schools all across the country. They will use that experience to help you and your child respond to misconduct allegations, discuss the situation with school officials, and participate in any conferences or review hearings that may follow. They can also suggest alternative forms of discipline, where appropriate, that will allow your child to remain in their regular school while still helping the school meet its obligation to provide a safe and structured learning environment for all students.
If your child is facing DAEP placement in Laredo, don't hesitate – call Joseph D. Lento today at 888.535.3686 or use the Lento Law Firm Student Defense Team's online contact form to set up a confidential consultation. This isn't a situation you need to face alone, and they are ready and able to help.
