Disciplinary Placement FAQ – Texas

If your Texas high school has warned you that expulsion is in your student's future, it's hard not to panic.

Expulsion seems extremely final. (It is.) And it's often associated with extreme forms of problematic behavior — or, at least, it should be. If your school's recommendation for dismissal is a surprise, that can be a heady shock.

Even if it isn't a surprise, you need to realize that you can take steps to ensure your student retains their status at their current high school. But you do need to act quickly. Disciplinary placements can happen very quickly, especially if your school believes your student is responsible for dangerous activities.

In Texas, after a student faces accusations of misbehavior at their schools, they can receive a referral to a disciplinary alternative education program (DAEP). This conveniently places the child out of mind from your school's perspective.

Unfortunately, your student will likely not have a similarly convenient or beneficial experience at their DAEP. If it's your goal to keep your student in their current Texas high school, reach out to Attorney-Advisor Joseph D. Lento and his Education Defense Team immediately. Having professionals on your side is the best way to help your student achieve a better outcome.

What Are Texas DAEPs Like?

DAEPs in Texas are designed to give students who may not be a good fit for their original school environments (either due to failure to progress allegations, violations of behavioral standards, or other similar issues) a place to access education. Typically, DAEPs are held in a separate facility, one far removed from your child's current high school.

While DAEPs should provide a full education for the students, as it is acting as a substitution for full-time education, DAEP curricula generally focus on the remediation of academic schools and behavior modification. For some students, these may be necessary topics to focus on. For others, this material is unnecessary. If your student has been sent to a DAEP without a logical rationale from your school's administration, they may not benefit from the resources a DAEP can offer.

Why Do Students Get Sent to DAEPs in Texas?

There are many reasons that students can receive a disciplinary referral to a DAEP in Texas. Checking your school's code of conduct — which should be easy to find on your school's website — is a good first step in figuring out what your school considers dismissal-worthy behavior.

In general, schools reserve expulsions and disciplinary referrals for severe forms of punishable behavior. Some actions that many schools consider punishable with dismissal include:

• Assaulting or endangering a student or teacher
• Drug and alcohol use on campus
• Vandalism
• Theft
• Possessing weapons or explosives on campus
• Selling drugs
• Sexual misconduct
• Falsifying student information
• Bullying or cyberbullying another student

Some of these actions may merit a dismissal immediately — for example, if the student's behavior threatens the safety of a student or staff member. In other cases, a school will typically recommend a suspension first as a first-line consequence. (Suspensions are serious, too, and if your student is facing a suspension, you should still call Attorney-Advisor Lento and his Student Defense Team to help you keep your student's record clear.)

How Long Will My Texas Disciplinary Placement or Expulsion Last?

Does the length of your student's disciplinary placement matter?

After all, you might think it's easy to just go with a disciplinary placement if it's not going to last very long — just a month, just a semester, or just one year.

Typically, students don't receive disciplinary placement referrals that last for more than one year. Unfortunately, that doesn't mean that they will only spend one academic year in their DAEP. After your student's first experience with the Texas DAEP system, they will likely return at least once.

In order to ensure that your student is able to go to school where you want them to be, you need to make sure they don't leave their preferred school in the first place. That's where Attorney-Advisor Lento and his Student Defense Team can be of service. Before your student is removed from their familiar school environment, they should have an expulsion hearing, and you should be able to file an appeal. Each of these events should constitute an opportunity to protect your student's reputation and their future at their school.

What are Texas High School Disciplinary Hearings Like? How Should I Handle Mine?

As one of the steps in your school's disciplinary process, you will be invited to a disciplinary hearing.

This can be incredibly intimidating. At your school's disciplinary hearing, you'll need to make your case in front of a board of school representatives. The hearing will also include time for the representatives to review the evidence in your case, which can mean speaking to witnesses and hearing testimony.

It's important to say the right thing in your disciplinary hearing. This means you need to have a good argument and know your school's code of conduct like the back of your hand. Fortunately, you don't need to come up with your defense on your own — Attorney-Advisor Lento and the Student Defense Team at the Lento Law Firm will assist.

At the end of your school's hearing, your school's representatives will make a decision about your student's responsibility for the alleged incident. Then, your school will issue a recommendation for a sanction.

The most common sanction is a suspension, where your student will be out of school for a specified, likely short, length of time. In that case, alternative education may not be necessary. If your student is permanently dismissed from their school or your school has a case for a DAEP referral, you'll find out at the end of the disciplinary hearing.

Are There Reasons My Texas High School Can't Expel My Student?

When Attorney-Advisor Lento and his Team investigate your student's behavior and create a strong defense to protect your child, they will be looking for specific rationale they can use to demonstrate that a DAEP is not the right place for your child.

The type of evidence and rationale the Education Defense Team will uncover will be unique to you and your case. It may also depend on the guidelines set forth in your school's code of conduct, your student's educational history, and the nature of the allegations against your child.

Some examples of reasons your Texas high school may not actually be able to expel your child or send them to a DAEP include:

• If your child has special needs and must have access to a specific type of education or specific resources
• If you and Attorney-Advisor Lento can demonstrate that the DAEP your school recommends does not have sufficient resources to educate your child
• If you can clearly demonstrate that your school did not follow its own rules and regulations while investigating and disciplining your child
• If you can shed some light on the context surrounding your student's problematic behavior (e.g., if your student was going through a difficult time at home and their studies suffered accordingly, or if your student acted out of violence because they needed to as self-defense).

Attorney-Advisor Lento and his Student Defense Team will leave no stone unturned as they pull together a compelling defense for your child. The Lento Law Firm Team will also keep you notified and prepare you with anything you need to say.

If, at the end of your hearing, your school does dismiss your student and refer them to a Texas DAEP, Attorney-Advisor Lento and his Team will help you file an appeal and pursue any other strategic legal actions required.

What Will the Appeal Process at My Texas High School Look Like?

If you need to file an appeal at your Texas high school, you'll need to move fast! You'll probably only have a few business days — from 5-10 — to file your appeal.

You'll need to accomplish quite a bit in those few days. Many Texas high schools also require that appeals contain new information or rationale that the administration should consider. Attorney-Advisor Lento and his Team can help you find the best basis possible for your appeal.

It's important to file an appeal as your next step, even if you don't think it'll prompt your school to reconsider its decision or recommend a lesser sanction. Filing an appeal shows your school that you're serious about your child's future. And, if you do take further legal actions, such as filing an appeal with the Texas Board of Education or pursuing a lawsuit, your appeal will come in handy with those later options.

Filing an appeal with your Texas high school may include these actions:

• Reviewing all of the information your school has about your student, including disciplinary records and the evidence brought to light in the hearing.
• Writing a persuasive appeal based on a new defense for your student. Attorney-Advisor Lento will help ensure your appeal is as persuasive as possible.
• Filing the appeal with your school's board or administration by the deadline.

If your school is open to negotiations, Attorney-Advisor Lento and his Team will take the reins and negotiate on your behalf to ensure that you and your family achieve the best possible outcome. If your school is not open to negotiations, the Lento Law Firm Team will help you determine what you need to do to protect your student's status as a student at their preferred school.

Could a Texas DAEP Placement Be Good for My Child?

Texas DAEPs are intended to be resources for students who are not doing well, for various reasons, in their original school settings.

If your student is genuinely struggling on a regular basis or does require immediate behavioral intervention, that's one thing.

Many students who undergo disciplinary placements are not endangering their peers or, necessarily, failing to progress academically to the point where their original school can no longer help them. More often, students receive disciplinary placements out of convenience for their school's administration.

Students who attend DAEP and are not in need of this type of intervention may suffer for several reasons.

For example:

• DAEPs are often not particularly well-funded. This can mean that your student won't have access to high-quality educational resources or the extracurriculars they enjoy.
• High turnover rates for school staff. Having consistent mentorship is a key part of a child's educational upbringing. Your student will likely not experience that through a Texas DAEP.
• The stigma associated with Texas DAEPs. When students attend alternative education programs, they often receive different treatment from their peers. Their role and reputation in their community will change, and that can be very difficult for your student to undergo.

Avoiding a sudden switch to a DAEP will likely be in your student's best interest. Call Attorney-Advisor Joseph D. Lento at once if you require assistance determining your next steps.

How Many Times Can One Student Experience Disciplinary Placement in Texas?

If a school administration believes a Texas high schooler merits disciplinary placement once, it can happen twice — or more.

In fact, repeat DAEP experiences are extremely common. Your school administration may consider your student's DAEP experience a successful solution to their problematic behavior. After your student regains admission to their previous school — assuming they're able to do so — it likely won't be long before they're recommended for disciplinary experience again. The moment your student is associated with another bout of misconduct, your student will be whisked away to a DAEP. (It worked the first time!)

Bouncing between school communities like this can be extremely difficult for students at this age. If at all possible, you need to avoid that kind of experience for your child.

If My Texas High Schooler Has Been Expelled, What Should I Do First?

If you remember one thing from this guide, remember this:

When your Texas high school threatens expulsion, you need to call Attorney-Advisor Joseph D. Lento immediately. Dismissals and disciplinary placements can happen at the speed of light. (In fact, if your school deems that your student is dangerous to their peers, your school could send your student home immediately.)

Here's your list of to-do's to tackle:

• Once you get the notification — while you're standing there, with the email open or the letter in hand — call Attorney-Advisor Joseph D. Lento and his Team. The number is 535.3686, or you can contact us online. This will ensure that you can handle your school's investigation and processes well from the very beginning.
• Talk to your child. Ask them about the events that led up to the school's disciplinary actions. Write down what they say.
• After you've asked your child about their specific allegations, ask them about their recent school experience in general. Has anything odd been happening at school? Have they felt uncomfortable in any way? Do they feel that their school has supported them and their goals? Again, write down your student's responses.
• Start a folder of evidence in your home. Save any correspondence that your school sends you about your student's disciplinary experience. This includes emails and voicemails: Save those, if at all possible, or create a written and dated record of the calls you receive and what you talk about.
• Go through your school's code of conduct. This is a dense document that discusses your school's disciplinary plans. It will be very difficult to get through — but you don't have to read it on your own. Share this document with Attorney-Advisor Lento and his Team. He can help you understand what the most important parts of your school's regulations are and how you can use them to protect your student.

Can My Student Still Attend College if They've Been Expelled from High School?

Yes — technically.

There's no law that states a student cannot attend college after a high school expulsion. If a student needs a high school degree to be eligible for admission at a certain school, they may be able to qualify with a GED or online education.

However, think about what college admissions teams look for in a competitive university candidate. They want to see evidence of great grades and good behavior (at the very least). That's to say nothing of the type of accomplishments high-quality academic institutions tend to expect of their applicants. These accomplishments, whether they're scientific or creative, require training and resources.

If your student spends a significant portion of their high school years in a DAEP, they may not be able to build the high school resume necessary to get into the school of their dreams.

And, of course, college admissions boards will be very curious about your student's disciplinary past. If you don't want your student's road to higher education to be much harder than it needs to be, you need to make sure that their disciplinary placement experience is as minimal as possible.

How Can an Education Defense Attorney-Advisor Help My Student?

Retaining an education defense attorney-advisor is the single best thing you can do to protect your student and their academic future. Here's why:

1. Representation. You're going to be stressed and confused after your student's disciplinary placement — and that makes sense. Attorney-Advisor Joseph D. Lento and his Team will advocate for your student's rights and interests, so you can focus on spending time with your family.
2. Legal knowledge. The Education Defense Team at the Lento Law Firm has years of experience defending students both nationwide and in Texas from unfair, punitive measures. In that time, the team has honed its skills and gleaned deep knowledge about the way school disciplinary systems work. Instead of having to figure out labyrinthine codes of conduct on your own, Attorney-Advisor Lento will put his experience to work for you.
3. Negotiation. Often, your school's scary punitive measures aren't as set in stone as you might think. A strategic lawyer-to-lawyer conversation can often lead to great results — but a lawyer does need to run those conversations! Attorney-Advisor Lento and his team often orchestrate negotiations on their client's behalf. These negotiations are often more successful than more dramatic actions, such as filing a lawsuit.

For these and other reasons, it's definitely worthwhile to retain the services of an experienced student defense team. The Lento Law Firm Team is ready to help you respond to your school's accusations, negotiate to reduce sanctions, and ultimately protect your student's place in their current Texas high school.

Nervous About an Upcoming Texas High School Disciplinary Placement?

If your Texas student's school administration is threatening their future in high school, you need to take action — and you need to take action quickly. Where your student goes to school is important. (You know this; you chose your student's current high school for a reason.)

Students often get sent to alternative education programs for insufficient reasons. And, as alternative education programs may not be the best place for those students, it sets those students up for more difficult-than-necessary futures. You don't want that to happen to your student.

Attorney-Advisor Joseph D. Lento can help you figure out why your school is taking this extreme action and build a strong defense to support your student. If your student's disciplinary placement recommendation was based on a mistake or misunderstanding, for example, the Lento Law Firm Team can help you discover that and provide a viable way to restore your student's status. Whether you require support as you work through your Texas school's disciplinary system or need help filing an appeal with your state, the Education Law Team at the Lento Law Firm can assist.

Attorney-Advisor Lento and his Team have helped many families, both nationwide and in Texas, pursue sought-after outcomes after tough disciplinary referrals. If you're interested in the support the Lento Law Firm can provide, call 888.535.3686 or reach out online to set up your initial consultation.