Now more than ever, K-12 schools play an important role in the social-emotional development of the students they serve. They recognize that schools are places for learning not only academic content but also ways of behaving as a member of a larger community.
That's why they have student codes of conduct, with specific policies around what happens when students breach behavioral expectations and agreements. Consequences for violating codes of conduct may include unpleasant punishments, like after-school detention or suspension from extra-curricular activities. However, they may also include opportunities for students to learn from mistakes and repair harm when it occurs.
On paper, these policies and punishments would appear reasonable, and they often are. However, in practice, errors can be made in the course of accusing students of misconduct, investigating behavioral missteps, and enforcing sanctions. For example, it is widely known that students of color are disproportionately subjected to certain types of punishments in school – in particular, those that involve removing students from the learning environment. Students with disabilities, as well, are unfairly over-represented in those who are removed from classrooms. The reality is that not all schools are equipped to equitably enforce student codes of conduct. Even those who are are not immune to the possibility of making mistakes. When this happens, students should not be expected to pay the price for unfair policies or procedures that don't go according to plan.
One possible consequence for violating student conduct codes involves students being assigned to off-campus Disciplinary Alternative Education Program (DAEP) locations, which they attend instead of their home school for a period of time. In some cases, students can also be sent to a Juvenile Justice Alternative Education Program (JJAEP).
If your Aldine Independent School District student has been assigned to a DAEP, and you are trying to help them navigate through this, you are likely wondering what their rights are and how this can impact their future. The Houston, Texas Office of the Lento Law Firm's Student Defense Team advises you to consult professional legal counsel as soon as possible. We regularly deal with DAEP cases and have extensive experience working with school district administration and Offices of General Counsel to resolve problematic situations. You can call us about your situation 24 hours a day, 7 days a week, at 888.535.3686, or you can provide details in writing through our online form.
Disciplinary Alternative Education Programs in Aldine Independent School District
Texas adopted the Safe Schools Act In 1995. It requires all public school districts in the state to provide disciplinary alternative education programs to serve students who have been temporarily removed from their regular learning environment for disciplinary reasons.
The Aldine Independent School District in Texas, outside of Houston, is included in this. Home to more than 60,000 students, Aldine ISD, has a DAEP available for students whose needs they believe they cannot otherwise meet or whose presence they feel is disruptive to their peers or teachers. In Aldine ISD, with a majority Hispanic student population, followed by African American students, the interrogation of how DAEPs are utilized is that much more salient.
Regardless of race, gender, or any other demographic classification, the Student Defense Team at the Lento Law Firm's Houston, Texas office protects the rights of students in all grade levels, from pre-K to middle school and junior high to high school. Whether a student attends a traditional school, a choice school, or a specialized school in the Aldine ISD, no student should accept DAEP placement without professional legal representation. This includes students in the Aldine ISD attendance areas of Davis, Eisenhower, MacArthur, Nimitz, Hall Success Academy, Aldine, and Carver, as well as in specialty and choice schools such as La Promesa, Impact Leadership Academy, Blanson & Technical Education High School, Victory Early College, de Santiago, Drew Academy, Grantham Academy, Houston Academy, and Avalos P-TECH.
Unlike catch-all legal firms that practice several types of law, our focus is representing students facing discipline. Because of this, we have outsized experience negotiating with school districts and their Offices of General Counsel, and we have deep networks, trusting relationships, and a reputation for going the distance and getting results. Your family deserves professional representation through this challenging time.
How DAEP Can Harm Your Aldine ISD Student
If your Aldine ISD student has been sent to an off-campus DAEP as a result of a conduct violation, you likely are aware of the limitations being placed on your student. They are not allowed on or near school grounds or property throughout the district, and they may not attend school-affiliated functions.
However, the consequences of DAEP aren't limited to physical restrictions. A number of other unfortunate repercussions can befall them. Common examples include:
- Being stigmatized or labeled a “troublemaker”
- Unfair discipline in the DAEP
- Contact with the juvenile justice system
- Higher risk of dropping out of school
- Below average quality of education
Conduct That Results in DAEP Placement in AISD
What might cause an Aldine Independent School District student to be placed off campus? Under Chapter 37 of the Texas Education Code, Texas school districts are directed to publish a student code of conduct specifying the conditions and circumstances under which a school may remove a student.
Reference the Aldine Independent School District's Student Code of Conduct (SCOC) if your student is facing a DAEP assignment. The Lento Law Firm's Student Defense Team will review this closely to look for any inconsistencies or inaccuracies in how your school went about applying the code and its consequences in your student's case.
DAEPs are discussed in detail in the Aldine ISD's SCOC, including behaviors that may result in alternative placement and that must result in alternative placement.
Behaviors That May Result in DAEP Placement in Aldine's ISD
To start with, behaviors that may result in a student being placed in Aldine ISD's DAEP include misconduct outlined in state law, including:
- Bullying that encourages a student to attempt suicide
- Group bullying that incites violence
- Threatening to share inappropriate photos of a student, or doing so
- Affiliation with a group, such as a gang or secret society, that requires students to pledge to join
- Criminal mischief, including felony mischief
- Assault that threatens bodily injury
- Assault by offensive physical contact
A student may also be assigned to a DAEP if the superintendent has reason to believe that they engaged in felony conduct off school property or if they believe the student's presence is disruptive to their peers' educational experience or to their teachers.
A student can also be assigned to a DAEP for sexual assault-related behavior. When requested by the survivor's parent or guardian, a student who has been convicted of sexual abuse can be transferred to a different school in the district. However, if another school cannot meet their needs, the AISD can place them in a DAEP.
Behaviors That Must Result in DAEP Placement in Aldine ISD
Then, there are behaviors that AISD schools are mandated to respond to with off-campus placement, according to the SSOC. These include a student who:
- Makes a terroristic threat or false report to a school (such as a bomb threat).
- Is younger than six years of age and violates a federal firearm law.
- Is between six and nine years of age and commits conduct deemed expellable.
- Commits felony offense-level conduct, per the Texas Penal Code, not on school property or at a school-related event AND:
- Receives deferred prosecution OR
- A judge or jury deems their conduct “delinquent” OR
- The Aldine ISD superintendent has reason to believe they have engaged in delinquent conduct
- Commits any of the following offenses on or within 300 feet of district property:
- Felony offenses
- Assault
- Public lewdness or indecent exposure
- Harassment
- Using, distributing, or sharing the following, as defined under Texas Health and Safety Codes:
- Dangerous drugs
- Marijuana or THC
- E-cigarettes
- Alcohol
- Volatile chemicals
Aldine ISD DAEP Placement Process and Your Student's Rights
When a student is removed from school, the campus behavior coordinator (CBC) needs to schedule a conference with the student, their parent or guardian, and in the case of teacher removal from class, their teacher within three days.
You and your student have a right to have an attorney present at the initial conference. Here, both parties can present information and respond to the reasons for removal. We strongly recommend that you take advantage of this opportunity by retaining the services of the Student Defense Team located at the Houston, Texas, office of the Lento Law Firm. At the conference, we will present information on your students' behalf that will put them in the strongest position.
We will also be there to hear what the school district's legal counsel has to say, including their placement recommendation and reasons for it. We'll be on the lookout for documentation that school administration examined things like:
- Whether your student may have acted in self-defense in an incident
- Whether they intended to do harm
- Your student's disciplinary history (or lack thereof)
- Whether your student has a disability
What Happens After an AISD Student is Placed in a DAEP?
The CBC writes a placement order, which is then sent to the student and their family. A copy is also given to the juvenile court. The order specifies how long the student will need to remain in a DAEP, not to exceed one calendar year (with some exceptions). The length depends on the student's grade, age, misconduct frequency, their attitude, and statutory requirements. If the student is to remain in the DAEP after 60 days or beyond the end of the next grading period, the school must notify the parent or guardian, inviting them to participate in another meeting.
Appealing Off-Campus Placement in Aldine ISD
Families can appeal a DAEP decision to the Executive Director of School Administration. In the meantime, students need to abide by the standing DAEP placement. Following this, according to Aldine ISD Board Policy on DAEP, “If district policy allows a student to appeal to the board or the board's designee a decision of the CBC or other appropriate administrator, the decision of the board or the board's designee is final and may not be appealed.”
A Skilled Student Defense Attorney Can Help Students Avoid DAEP Placement
It's an understandable concept, in theory – the placement of “rule-breaking” students in a program located away from their peers.
Maybe their presence impedes other students from focusing, or perhaps their specialized behavioral needs cannot be met in their regular school. But all too often, DAEP can be an out-of-sight, out-of-mind answer.
No one would argue that students should not be held accountable for their actions or that they shouldn't be expected to learn right from wrong or make amends. However, evicting them from their school community and moving them to an alternative program can put students on a fractured path that can be difficult to recover from.
If your child is accused of misbehaving at their Aldine Independent School District school and they are at risk of being placed in an off-campus Disciplinary Alternative Education Program, seek help immediately from the Lento Law Firm's Student Defense Team. After the school administration makes a decision about a DAEP placement, the window to intervene is small, so act quickly.
You shouldn't have to go toe to toe with a powerful school district's legal counsel alone. That's what student discipline defense attorneys are best at. We have seen too many unfortunate examples of families getting strong-armed by school districts because they didn't retain legal counsel. We don't want that to happen to you.
The Lento Law Firm's Student Defense Team in Houston values the opportunity to negotiate with school districts and will help put your student in the best possible position. As soon as possible, call us at 888.535.3686 or tell us about your student's situation through our online form. We look forward to working with you and your family.
