If you have a child who's a student in an Austin-area high school and they recently got in trouble, you have every right to be concerned. You want your child to do well, of course, and you were likely shocked and alarmed at learning they had been accused of serious wrongdoing.
Many teenagers make mistakes from time to time, but it only takes one serious violation of your child's school of conduct to get them suspended, expelled, or placed in a Disciplinary Alternative Education Program (DAEP).
Like all public school districts in Texas, the Austin Independent Area School District (AISD) offers DAEP placement for certain violations of the code of conduct and as an alternative to expulsion. However, sometimes, students may be sent to DAEP for violations that have other, more appropriate consequences. Students can also be victims of false accusations or unjustly prosecuted because they are associates of other students who committed offenses.
No matter the reason, if your child received a DAEP referral, you need to address the matter quickly. Removal from their normal classroom setting into an alternative learning environment can have far-reaching adverse effects on your child's education and future. What's more, DAEPs do not have good reputations for being especially effective or productive in mitigating the student's behavior and placing them on the road to success. In fact, some opponents of the programs claim they do more harm than good.
Student attorney-advisor Joseph D. Lento and the Student Defense Team at the Lento Law Firm have many years of experience helping students throughout Austin and across the country with their serious high school disciplinary issues. Our legal team offers stellar service and support that others simply cannot match due to our nationwide presence and extensive networks.
We will review your case and advise you of your rights and options. We can also help you protect your child's rights and fight hard for their future.
Contact the Lento Law Firm today at 888.535.3686 to schedule a confidential consultation.
Austin-Area School Districts
The Austin ISD covers 230 square miles throughout the Austin-Round Rock MSA. The district serves nearly 75,000 students, and it has 13 high schools with three special school programs.
The Austin ISD's DAEP school is the Alternative Learning Center located at 4900 Gonzales Street.
Along with Austin ISD, many school districts serve the greater Austin-Round Rock region, including:
- Leander ISD
- Round Rock ISD
- Eanes ISD
- Lake Travis ISD
- Pflugerville ISD
- Dripping Springs ISD
- Liberty Hill ISD
- Lago Vista ISD
- Wimberley ISD
- Del Valle ISD
- Manor ISD
- Hays Consolidated ISD
- Taylor ISD
- Hutto ISD
- Georgetown ISD
- Bastrop ISD
- Elgin ISD
- Lockhart ISD
- Wayside Schools
- Marble Falls ISD
If you have a child in an Austin-area school who faces a DAEP referral for an alleged code of conduct violation, contact the Student Defense Team at the Lento Law Firm for help.
How Can My Child Receive a DAEP Referral in an Austin High School?
Your child can receive a DAEP referral or be removed from their normal classroom if they conduct, or allegedly conduct, certain violations of the student code of conduct. Any teacher or staff member who thinks a student has violated a specific rule in TEC 37.006 may inform the school's principal.
A teacher may petition to have a student removed from the classroom if any of the following applies:
- The student repeatedly interferes with the teacher's ability to communicate effectively and conduct class
- The student seriously interferes with other students' ability to learn
- The student engages in activity so disruptive, unruly, or abusive that it severely impacts the classroom environment or endangers students and staff
The principal or other appropriate administrator will attempt to schedule a meeting with the student, their referring teacher, and the student's parent or guardian within three days of the report. If the parent/guardian cannot attend, the principal may conduct the meeting/hearing anyway.
Prior to the meeting, the principal may remove the student from the classroom by sending them to another classroom, suspending them from school, or placing them in a DAEP.
The Austin ISD lists the following as appropriate for the removal of a student from their home campus:
- Discretionary Removal Placement in a DAEP. Students may receive DAEP placement for behavior as described as a Level II offense.
- Mandatory Removal Placement in a DAEP. Students who commit any Level III offense must receive DAEP placement.
- Discretionary Expulsion Placement in a DAEP. If a student commits a Level III or Level IV offense, they may receive DAEP placement.
- Mandatory Expulsion Placement in a DAEP or JJAEP. If a student commits a Level IV offense, they must be placed in a DAEP or JJAEP.
Emergency Placement in a DAEP
In emergency situations, a student may receive immediate placement in a DAEP for the safety and welfare of other students, staff, and administration. The principal or appropriate administrator must verbally notify the student's parents/guardians, such as by calling them or telling them in person. They must also send the parents/guardians a notice in writing. The reasons for the emergency placement cannot differ from the reasons for the regular placement.
The student must be given due process within 10 days of the emergency placement. For students with disabilities, the term of the student's emergency placement must comply with federal laws.
Hearing
Before removing a student to DAEP or expelling them, the school administration must schedule a hearing in a reasonable period of time. The school administration must invite the student's parents/guardians to the hearing, and the student may have their parent/guardian with them during the hearing or another adult who is not a school district employee.
At the hearing, the student has the following rights:
- Understand why they received a DAEP referral or expulsion
- Allowed to provide testimony on their own behalf for defense
When thinking about whether to remove a student to DAEP or expel them, the school administration must consider the following:
- Whether the student acted in self-defense
- The seriousness of the offense
- The student's intent in conducting the violation
- The student's age and grade level
- The student's disciplinary history
- The student's mental ability or functioning level
- Any disability the student has that may 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
The principal may send a student to DAEP, where they have access to core subject areas so they can stay on their academic track. The student may ride a bus to DAEP as long as they behave themselves. A student may stay in DAEP for as long as they need, depending on their specific case, but the longest they will stay in DAEP is until the end of the school year (with some exceptions). The district superintendent may determine whether a student can leave DAEP.
Appeal
Students and/or their parents or guardians may appeal any DAEP or expulsion decision the school administration makes. Parties may appeal a principal's decision to the following entities depending on the level of the offense:
- Level I – The Associate Superintendent
- Level II – The Chief of Schools
- Level III – The District Superintendent. Parties may also appeal a superintendent's decisions to the Austin ISD School Board. They may also appeal the Board's decision to the Texas Commission of Education.
- Level IV – The AISD Board of Trustees will decide on the matter, and their appeal is final. Parties must file an appeal in writing within seven business days of receiving the DAEP or expulsion removal notice.
Students will remain in DAEP until the appeals process is complete. Students who are in DAEP may not participate in any school activities.
The campus behavior coordinator must conduct a review of the student's DAEP status every 20 days. The student and their parents/guardians may inform administrators of why they think their child should be allowed back in their regular classroom. High school students will be allowed to complete coursework needed for graduation, but the district will not offer certain courses outside the major subject areas in most cases.
If a student is in DAEP at the end of the school year and doesn't have enough time to finish their coursework, they may have to attend at the beginning of the following year, or the principal may allow them to finish their work in a summer school program.
What Are the Different Levels of Offenses?
The AISD defines four levels of offenses that can result in disciplinary action. Level II offenses and above may result in DAEP placement.
Level I Offenses
Level I Offenses are typically relatively minor classroom disruptions the teacher can usually handle. They include the following as well as other offenses:
- Cheating
- Using profanity
- Dress code violations
- Not complying with the teacher's request
- Cellphone rules violations
- Throwing objects
Level II Offenses
Level II Offenses may require administrative involvement. Some may also warrant a DAEP referral. They include the following, but are not limited to:
- Using e-cigarettes
- Harassing a student
- Hazing
- Possessing a knife, fireworks, or other potentially dangerous items
- Setting off the fire alarm
- Bullying
- Fighting
Level III Offenses
The following offenses (among others) may result in mandatory placement in DAEP if conducted on school grounds, on a bus, during a school activity, or within 300 feet of a school:
- Assault with injury
- Selling, possessing, delivering, or being under the influence of drugs or alcohol
- Breaking the law
- Bullying a student so that they contemplate or attempt suicide
- Makes a terroristic threat
Level IV Offenses
School administrators must expel a student if they conduct any of the following offenses on school grounds, on a school bus, during a school-sponsored activity, or within 300 feet of a school:
- Intentionally assaulting someone with the intent to cause injury, or in retaliation against a district employee or volunteer
- Engaging in bullying that causes the victim to commit or attempt to commit suicide
- Conducting criminal mischief as a felony
- Making a terroristic threat such as a bomb threat
- Breaching computer security
- Engaging in aggravated assault, sexual assault or aggravated sexual assault, murder, or attempted murder
- Conducting any criminal violation that could result in felony consequences
Students found guilty of conducting Level IV offenses may receive referrals to the Travis County Juvenile Department or an off-campus juvenile justice alternative education program (JJAEP). They may also receive emergency placement in a DAEP.
Contact the Lento Law Firm for Help
The AISD offers other forms of consequences for students who violate rules of conduct. They include in-school suspension or out-of-school suspension. A student may be suspended out of school for up to two days, but the district does not have a limit for the number of times during the school year a student can receive an out-of-school suspension. Repeated violations of Level I or Level II offenses can result in a DAEP referral.
Regardless of why your student received a DAPE referral or removal, the incident can have a detrimental impact on their academics and future success. Certain violations may warrant DAEP placement, but that doesn't mean other, more appropriate forms of discipline are not available.
A student may have received false allegations regarding their conduct, or they may be unjustly included among a group of other problem students and, therefore, guilty by association only. Neither of these is a legitimate reason to jeopardize your child's education.
Even if your child is facing a serious violation, you have the right to fight for your child's reputation, future, and education. It's important you speak with an experienced Texas student attorney-advisor for help.
National student attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team have helped many students throughout Texas with their DAEP placements and other serious administrative disciplinary actions. We have in-depth knowledge of Texas' education laws, and we can help you devise a solid defense to safeguard your child's future.
Call the Lento Law Firm today at 888-535-3686 today to schedule a consultation. We will evaluate your case and advise you of your options. We can also fight zealously during any meetings or hearing with the school administration to help your child obtain the best outcome possible.
