If you have a child who is a student at an El Paso high school and recently got in trouble, you are no doubt concerned as to the consequences your child may receive and how the whole ordeal may affect their education and their ability to graduate.
Like all other school districts in Texas, the El Paso Independent School District (EPISD) publishes codes of conduct students must follow to remain in good academic standing. Students who violate the codes may receive a range of penalties depending on the nature and seriousness of the offense.
One disciplinary method EPISD schools offer is removing students from the classroom and placing them in a Disciplinary Alternative Education Program (DAEP). DAEPs are supposed to be used only for certain offenses, particularly when a student poses a threat to other students and staff. However, some students receive DAEP referrals when other forms of discipline would suffice. Additionally, some opponents of the program insist that schools use DAEP to target or weed out problem students, and they claim the programs do more harm than good.
Whatever the reason your child received a DAEP referral, you have every right to be alarmed, and you need to take the matter seriously. You need to understand the reasons for the referral or placement and how you can help your child defend themselves and obtain a positive outcome.
Student attorney-advisor Joseph D. Lento and the Student Defense Team at the Lento Law Firm have many years of experience helping students in El Paso and throughout Texas and the entire country with their serious disciplinary issues. We have in-depth knowledge of Texas and national education laws, and we offer unmatched representation due to our extensive resources and experience.
Contact the Student Defense Team at the Lento Law Firm today at 888.535.3686 for a comprehensive review of your DAEP case. We will advise you of your rights and options and fight hard to protect your child's future.
El Paso Area School Districts
EPISD covers around 210 square miles and serves more than 50,000 students. The district contains 10 comprehensive high schools and four alternative schools. The Raymond Telles Academy is the primary DAEP placement school in the district.
Several other school districts serve the greater El Paso region, and many have their own DAEP placement facilities and programs. They include:
- Anthony ISD
- Burnham Wood Charter School District
- Canutillo ISD
- Clint ISD
- Fabens ISD
- Harmony Public Schools - West Texas
- La Fe Preparatory School
- San Elizario ISD
- Socorro ISD
- Tornillo ISD
- Triumph Public High Schools-El Paso
- Vista Del Futuro Charter School
- Ysleta ISD
If your child attends any El Paso area high school and faces DAEP placement or another harsh repercussion for a code of conduct offense, contact the Lento Law Firm's Student Defense Team immediately for help.
How Can My Child Receive a DAEP Placement in an El Paso Area High School?
According to the EPISD Student Code of Conduct (SCC), certain violations will likely result in mandatory DAEP placement, whereas other violations are discretionary and will depend on the nature of the offense and other factors.
The EPISD classifies violations into several categories:
- Misconduct involving others, such as bullying and cyberbullying, harassment and sexual harassment, threatening behavior, and fighting, hitting, or pushing, among others.
- Buying, selling, delivering, or using prohibited items, such as weapons, drugs, alcohol, and other contraband.
- Misuse of property, including arson or attempted arson, robbery and theft, vandalism, and damaging school property
- Safety and disruption, such as engaging in disruptive behavior, pulling a fire alarm or discharging a fire extinguisher, making false accusations, or throwing objects
- Technology violations, including hacking into school computers, transmitting electronic messages that are harassing or obscene, making unauthorized recordings
- Failure to follow the rules, which can include not adhering to any direct requests from teachers or administration, cheating, providing false identification, and others.
The EPISD's SCC lists many other offenses that could get a child sent to DAEP or even expelled. It's important to thoroughly review the handbook with your attorney-advisor to understand the district's policies.
Mandatory DAEP Placement
A student must receive DAEP placement if they commit certain offenses on school property, during a school-sponsored event, or within 300 feet of a school. These offenses include, but are not limited to:
- Assault that results in bodily injury
- Engages in any conduct punishable as a felony
- Engages in criminal mischief with a value of more than $750
- Sells, delivers, gives, possesses, uses, or is under the influence of a controlled substance, a dangerous drug, or alcohol
- Possesses a firearm not on their person or has a knife in their possession
- Makes a terroristic threat or false alarm
- Is a registered sex offender under court supervision
- Retaliates against a school employee
Additionally, administrators may immediately remove a student and place them in DAEP if they believe the student has conducted a Title 5 felony, no matter whether the offense occurred on campus or not.
Discretionary DAEP Placement
Along with mandatory DAEP placement, the EPISD also lists offenses that could result in DAEP placement but may also have other, more appropriate forms of discipline. In short, a student could receive DAEP placement if they:
- Commit any offense listed under the SCC's "General Types of Prohibited Misconduct."
- Persistently engage in unruly behavior that violates the SCC.
As the name suggests, discretionary DAEP placement will be left up to the school administration to decide. However, state law requires to place a student in DAEP if the administrator did not learn of the conduct until more than a year had passed since the offense occurred.
Administrators may also move a student to DAEP if they incite violence against another student through group bullying or engage in hazing as part of a fraternity pledge. They may also receive DAEP placement if the student is involved in a criminal street gang.
Emergency DAEP Placement
A school administrator may order an emergency DAEP replacement in cases where the student is so unruly, abusive, or disruptive that it severely impacts the teacher's ability to teach the class or other students' ability to learn.
The administration must notify the student of the reason for the DAEP placement at the time it occurs, and the administration must provide the student the opportunity to attend a conference to address the situation within 10 days of the decision to place them in DAEP.
DAEP Placement Procedure
Within three days of removing the student from class, the school administration must schedule a conference with the principal and other appropriate administrators, the student, and their parent or guardian.
At this conference (or hearing), the student will receive the reason for their DAEP placement and have the chance to respond. The student may have a parent, guardian, or another adult representative with them, but the school can conduct the hearing whether the student has an adult with them.
The school administration may place the student in another classroom or in in-school or out-of-school suspension until the placement hearing, and the student may not return to the classroom pending the conference.
If the school administration decides to send a student to DAEP, they will draft a DAEP placement order that specifies the reasons and the length of the stay. The length of the placement will depend on the facts and circumstances of the particular case, but the length could be up to 90 days or for the remainder of the school year. If the placement should extend beyond the end of the school year, the school administration must determine the following:
- Whether the student's presence in the classroom creates a danger or threat to other students and staff
- Whether the student persistently conducts serious violations of the EPISD's SCC
Persistent and serious violations of the SCC refer to any conduct involving three or more violations of the same code of conduct that is an expellable or DAEP placement offense.
The school administration must remain impartial during the conference or hearing and afford the student all rights pertaining to due process. The school administration must consider the following when determining whether to place a student in DAEP:
- Whether the student acted in self-defense
- The seriousness of the offense
- The student's age and grade level
- The student's intent in conducting the violation
- The student's disciplinary history
- The student's mental ability or functioning level
- Whether the student has a disability that may lead to the offense or affect their ability to know right from wrong
- The impact of the violation or action on the educational environment
- Whether the student has a Conservatorship of the Department of Family and Child Protective Services
- Whether the student is homeless
- Any other statutory considerations
Following the DAEP placement decision, a student and their parent or guardian may appeal.
Appeals
Students and their parents or guardians may request an appeal of the DAEP placement decision. The district has several levels of offenses students can conduct, and where a party files an appeal will depend on the nature of the offense. For instance:
- Level I offenses – Parties must appeal to the school principal or designated hearing officer.
- Level II offenses – You must file an appeal with the assistant superintendent or the designated Level II hearing officer.
- Level III offenses – You must appeal to the assistant superintendent or another higher-ranked authority, which could include the school board.
Students and their parents/guardians will be given notice regarding their right to appeal and the appropriate appellate authorities. Any decision regarding a Level III offense made by the assistant superintendent or designee will become final and not eligible for appeal. Administrators must review a student's case if the student was recommended for more than 30 days of DAEP placement.
Students who are registered sex offenders will receive placement in a Juvenile Justice Alternative Education Program (JJAEP) instead of DAEP if ordered to attend JJAEP by the court or allowed to by the district. Students who are registered sex offenders and placed in DAEP must serve a minimum of 90 school days or one semester. After every 90 days, the district will review the matter to determine whether the student may return to the regular classroom or remain in DAEP.
Any student placed in DAEP will not be allowed to attend or participate in school-related or school-sponsored events. However, students in DAEP may attend graduation and participate in commencement unless their DAEP placement order states otherwise.
School administration will review a student's DAEP placement every 120 calendar days, and they will review a high school student's progress toward graduation. Students and their parents/guardians may advocate to have the student returned to the classroom during these reviews.
Get Help from the Lento Law Firm Student Defense Team
The EPISD has many other forms of discipline that include:
- After-school or in-class detention
- Behavior modification contracts
- Calming-down time
- Counseling
- In-school and out-of-school suspension
- Positive behavior intervention
- Conflict-management training and other personal response counseling programs
Depending on the nature of your child's alleged offense that resulted in a DAEP referral or placement, their actions could have warranted a more appropriate and less-harsh method of discipline.
Regardless, you should get in touch with an experienced Texas student attorney-advisor for help the moment you learn of your child's DAEP placement. Placement in DAEP can have detrimental impacts on your child's education and academic standing, and it may adversely affect your child's graduation from high school. Even just being in DAEP can lower your child's self-esteem and reduce their interest in studying and excelling in school. Plus, they may be forced to attend classes with other students who pose a real threat to your child's safety and academic success.
You need to do all you can to safeguard your child's future, and the Student Defense Team at the Lento Law Firm can help. We have extensive experience advising and advocating for students throughout Texas, and we have the skills, knowledge, and resources to handle your matter efficiently.
We can review your case and advise you on your options. You can rely on us to protect your child's rights and always have their best interests at heart. We are prepared to fight hard to help your child get the most favorable outcome so they can get the most from their education. Call the Lento Law Firm today at 888-535-3686 today to schedule a consultation.
