The formative years of elementary through high school are filled with important academic and social milestones, accomplishments, celebrations, and challenges. Along with lessons learned in the classroom, crucial behavioral lessons happen throughout a student's school years as well. This is a normal part of growing and maturing into a productive member of one's community. With this comes the reality that students will, at times, make mistakes.
By nature, young people test limits, take risks, and sometimes make bad decisions. Learning from mistakes and trying to do better in the future, as well as repairing harm when it happens, is key to students' development. Brain science tells us that children's and teen's brains are far from being fully developed, so it's important to remember that at any age or developmental stage, no student is hard-wired to cause trouble.
Unfortunately, most of us know that not every school is equally equipped to appropriately instill these lessons and help students do better next time. Under-resourced schools, in particular, may find it difficult to meet a student's behavior education needs in their regular classroom or home school. In these cases, students who break school rules are sometimes sent to off-campus Disciplinary Alternative Education Program (DAEP) locations. Others may be sent to a Juvenile Justice Alternative Education Program (JJAEP).
If your Arlington Independent School District student falls into this category, and you are trying to make sense of what's bound to happen and what options or recourses exist, legal help is available and advisable. The Dallas, Texas Office of the Lento Law Firm's Student Defense Team is ready to answer your questions, assist you and your student with the next steps, and protect their rights at this sensitive, crucial time in their life. We are open 24 hours a day, 7 days a week. Call us at 888.535.3686 or tell us about your situation through our online form.
Disciplinary Alternative Education Programs in Arlington Independent School District
In 1995, Texas adopted the Safe Schools Act, which mandated that all public school districts in the state provide disciplinary alternative education programs to provide an educational setting for students who have been temporarily removed from their classrooms for disciplinary reasons.
Arlington Independent School District in Texas, outside of Dallas, is no exception. With nearly 60,000 students, the 11th largest school district in Texas does utilize DAEP when schools feel they cannot meet a student's needs otherwise or when they argue that the student's presence is negatively impacting peers or staff. In AISD, with a majority Hispanic student body, followed by African American students, the examination of DAEP policies and applications is even more important, given the widely recognized reality that, nationwide, students of color are often disciplined disproportionately more often and harsher than white students.
The Student Defense Team at the Lento Law Firm's Dallas, Texas office protects the rights of students in all grade levels, including elementary, junior high, and high school, regardless of the violation they have been accused of. No student should accept DAEP placement without professional legal representation. This includes students in the Arlington ISD attendance areas of Arlington, James Bowie, Sam Houston, Lamar, James W. Martin, Juan Seguin, and others.
Unlike run-of-the-mill law firms that practice any number of types of law, our main 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 vast networks, strong relationships, and an esteemed reputation. We encourage you to take advantage of our experience to help your student through this tumultuous time.
How DAEP Can Harm Your Student
Arlington ISD students, in the course of being disciplined for misbehaving in school, may be subject to off-campus placement at the district's DAEP. While assigned to a DAEP, students are not only barred from campus or from stepping within 300 feet of their school campus, but the same applies to any district property.
However, the ramifications of DAEP placement extend far beyond physical limitations. When removed from their home school, students assigned to DAEP can face a number of unfortunate consequences that can complicate plans for their future. Common examples include:
- Stigmatization
- Exposure to unfair discipline
- Undue contact with the juvenile justice system
- Increased risk of dropping out of school
- Substandard education quality
- Criminalization of school misconduct
- Transportation obstacles
Behaviors That Result in DAEP Placement in AISD
What might cause an Arlington Independent School District student to be placed off campus? Under Chapter 37 of the Texas Education Code, AISD, like all Texas school districts, is required to have its own student code of conduct specifying the conditions and circumstances under which a school may remove a student.
The IASD Student Services Department publishes the district's Student Code of Conduct (SCOC). When seeking an explanation or recourse for discipline or placement that your child is facing, this code should be your first read. As your student disciplinary defense counsel, the Student Defense Team at the Lento Law Firm will obtain and review this code of conduct to be sure that your school has followed it to the letter and does not impose discipline beyond its reach.
DAEPs are discussed in detail in IASD's SCOC, starting with behaviors that may result in alternative placement, and that must result in alternative placement.
Behaviors That May Result in DAEP Placement in Arlington ISD
To start with, behaviors that may result in a student being placed in IASD's DAEP include:
- Serious violations of the SCOC
- Repeated violations of the SCOC
- Known, non-felony violations of state law (such as gang affiliation), whether they take place on or off campus
- Suspected (by the superintendent) felony offense-level conduct
- Behavior in the classroom that poses a threat to others or is considered “detrimental to the education process”
In these cases, placement generally follows a specific process, which starts with student and family notification. However, in an emergency, a school principal can order a student to be immediately placed, skipping over the notification process, apart from verbally notifying them of what's happening. In this case, a student might be transferred off campus and have to wait 10 days to have the opportunity to participate in a conference with the school and their family.
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 Arlington 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 school safety threat (such as “shooting up the school” or making a false bomb threat).
- Is younger than six years old and commits a federal firearm violation.
- Is between six and nine years old and engages in expellable conduct.
- Engages in felony offense-level conduct, per the Texas Penal Code, off school property and not at a school-affiliated event AND:
- Receives deferred prosecution OR
- A court or jury decides their conduct was “delinquent” OR
- The superintendent reasonably believes they have engaged in delinquent conduct
- Commits any of the following offenses on or within 300 feet of school property:
- Felony offense-level behaviors
- These behaviors found in the Texas Penal Code:
- Assault
- Public lewdness or indecent exposure
- Harassment
- Uses, distributes, or shares the following, as defined under state Health and Safety Codes
- Dangerous drugs
- Marijuana or THC
- E-cigarettes
- Alcohol
- Volatile chemicals
AISD DAEP Placement Process and Your Student's Rights
For students who are placed in a DAEP by their Arlington ISD school because they are accused of having violated the Student Code of Conduct, the assistant principal of the school must notify the student's family in writing. This notification must include the names of witnesses, the evidence that exists, and an invitation to take part in a conference, with the date and time specified.
Students have a right to have an attorney present at this conference, and families are strongly encouraged to take advantage of this by retaining the services of the Student Defense Team located at the Dallas, Texas, office of the Lento Law Firm. At the conference, we will be there with you to assist you in presenting information pertinent to your student's case. It is also important for us to be there when the school administration presents their case, along with a placement recommendation.
This hearing concludes with the assistant principal making a decision about the student's placement. If, after that conference, the student is placed in a DAEP, the school must then notify the juvenile court of the placement. This may be the student's first contact with the juvenile justice system. This is not something to take lightly. For a student, association with the juvenile justice system can mean stigmatization, increased exposure to negative influences, disruption in their educational journey, increased risk of future criminal activity, and vulnerability to harsh punishments. If you can help your child avoid this, you would be wise to do so.
What Happens After an AISD Student is Placed in a DAEP?
A student must be enrolled in the Arlington ISD DAEP for at least three weeks before that placement can be reviewed in a discussion among the student, parents or guardians, and a DAEP representative. This is the time when students and families, with the help of the experienced Student Defense Team at the Lento Law Firm, need to advocate for a return to their regular school.
Whatever decision the school makes, it stands until the next six-week review interval. In this case, the DAEP must work with the student to establish a specific graduation plan. We're here to help ensure your student has access to the resources they are legally entitled to during this process. This might include counseling or treatment, for example, if your student has been assigned to the DAEP because they possessed (but did not sell or distribute) alcohol or other drugs, and this is their first offense in their current grade level (elementary, middle, or high).
Appealing Off-Campus Placement in Arlington ISD
If a student or their family wishes to appeal the assistant principal's initial decision to place them in a DAEP, they have three days to formally request that the principal review this decision. After receiving the request, the school has five days to schedule a level two DAEP hearing.
If, at this hearing, the principal agrees with the assistant principal's placement, families have the right to request a review of the decision from the Administrative Appeal Panel, but they have only three days to do so. This is where working with an experienced legal team can save you valuable time and resources. Those on the appeal panel must have no knowledge of the incident so that their decisions are independent. They then have three days to make and communicate a decision.
If the panel sides with the placement, parents or guardians have one final chance to appeal – this time to the AISD Board of Trustees. At this level-four conference, there isn't an opportunity to present any new evidence. This meeting is closed – unless the family requests that it be an open meeting. The Board's decision is final.
Frequently Asked Questions about DAEP Placement
When can a student return to their home AISD school?
Placement at the DAEP in the Arlington Independent School District automatically ends at the end of the school year if the student hasn't returned to their regular school already. There is an exception if the student's principal has determined they pose a danger to others or that they have continued to engage in SCOC violations.
There is also this caveat: If a teacher removed the student from their classroom under the teacher removal provisions, they could decide not to allow them back into their classroom – that is, unless they are overruled by the campus review committee.
What if a student breaks another rule while attending a DAEP?
This may result in additional proceedings and corrective actions.
What if a student who was placed in a DAEP for criminal offenses is found innocent?
In this case, the prosecuting attorney's office would notify the Arlington ISD that the student's case couldn't be prosecuted because:
- It lacked merit or sufficient evidence or that adjudication or prosecution will be deferred OR
- The student was found not guilty by a court of jury
The district then has just three days to schedule a review of the student's placement. Students and their parents or guardians have a right to be present at this review. Even under these circumstances, when a student's case has been deferred or thrown out, the district can still insist they stay in the DAEP if they feel they pose a threat by returning to their home school.
How the Right Student Defense Attorney Can Help Your Child Avoid DAEP Placement
The concept of placing students in need of additional support unavailable at their home school, or students whose presence may be deemed disruptive to their peers, might seem to make logical sense at face value; too often, DAEP is an out-of-sight, out-of-mind solution.
It's one thing to hold students accountable for their actions, teach them right from wrong, and allow them a chance to repair harm and mend relationships. However, removing them from their school community and banishing them to an alternative program can be the beginning of a troubled, interrupted academic future for a student.
If your child is accused of misbehaving at their Texas school and they are at risk of being placed in an off-campus Disciplinary Alternative Education Program, don't wait to intervene with the help of the Lento Law Firm's Student Defense Team. As you have read, the window for taking action after a decision has been made is small, and school districts take these deadlines seriously.
The Arlington Independent School District will have its legal counsel on the case, and families would be remiss to go up against a powerful legal team alone. Unfortunately, in the interest of keeping misbehaviors and disruptions to a minimum by excluding students deemed “problematic” or “troublesome,” students with more complex needs can get shortchanged. All too often, families who don't have strong legal support representing their students tend to get steamrolled by school district officials who would rather make the problem go away.
The Lento Law Firm's Student Defense Team in Dallas understands the importance of working with school districts and will help put you in a strong position of negotiation so your student stands the best chance possible. Reach out to us by calling 888.535.3686 or tell us about your student's situation through our online form. Someone will get back to you right away.
