DAEP Placement in McAllen, Texas

McAllen, Texas, attracts families with its tight-knit community and kid-friendly activities. For students enrolled in the 31 schools in the district, following the code of conduct is important. Discipline can be swift and include everything from a verbal warning to expulsion, depending on a variety of factors.

As with other school districts in Texas, the McAllen Independent School District (MISD) refers students to a disciplinary alternative education program (DAEP) when necessary. However, whether your student is enrolled at Fossum Middle School, McAllen High School, or one of the many other schools the McAllen area, it's important to understand the district's disciplinary process so that you can handle issues as they arise.

The Lento Law Firm Student Defense Team's Austin office has experience in working with Texas's DAEP and can help McAllen families navigate the process. If your student faces disciplinary action in McAllen, Texas, give us a call at 888-535-3686 or complete our confidential online form.

What Is DAEP?

McAllen's school administrators are tasked with maintaining a productive learning environment for the students in their care. Part of that means keeping a code of conduct that outlines expectations and the consequences of conduct violations.

For minor infractions, the school has a variety of options, including seating changes and grade reductions. But when behavior is more serious or repeat violations occur, punishments get more severe. DAEP allows administrators to send students to an alternative campus, where they can continue learning while also getting the support they need.

Why McAllen Families Need Support During the DAEP Process

For McAllen families dealing with disciplinary issues, the process can be stressful. Here are some reasons parents reach out to the Lento Law Firm Student Defense Team's Austin office as soon as they realize DAEP placement is a possibility:

Confusing procedures: While the MISD does detail its policies and procedures in its Student Code of Conduct, it's a 53-page document that can be confusing. Our team can help you sort it all out.
Short turnaround times: From the time you're notified of the initial disciplinary hearing, things roll quickly. Our attorneys have experience with the process and can help you quickly gather the necessary information.
Support with appeals: If a DAEP decision is made, you'll need to move immediately to an appeal. Our team can request another look and help you make a strong case.

Key Steps in the MISD DAEP Placement Process

McAllen DAEP placements typically begin with a referral from a teacher to the Campus Behavior Coordinator (CBC). Typically, the CBC is the school principal or assistant principal, and this person is responsible for making disciplinary decisions for the school.

As soon as a student has been removed from class, the CBC must take action. The steps that lead up to DAEP placement are as follows:

Within three school days, the CBC will schedule a meeting with the student, the student's parent, and the teacher who removed the student.
The student will be provided with the reasons for the removal and given an opportunity to respond.
The CBC will make a decision based on all the information presented.
If the decision is DAEP placement, the coordinator will submit a placement order to the juvenile court within two business days. The parent and the student will receive a copy.

Levels of Disciplinary Infractions in MISD

McAllen administrators use levels to determine the severity of disciplinary action in its schools. Levels I and II are less serious, with punishments like fines and in-school suspension. Out-of-school suspension is an option for both levels, but expulsion and DAEP placement are reserved for Levels III through V.

Persistent Level I or II offenses can lead to DAEP placement or expulsion at the discretion of the CBC. Otherwise, here are some Level III, IV, and V offenses that can lead to DAEP placement in McAllen:

Participating in disturbances, including food fights
Drug or alcohol-related infractions
Weapons or ammunition possession
Trespassing, boycotting, or group demonstrations
Hazing, harassing, or stalking
Racial slurs
Indecent assault
Assault against a staff member or fellow student

In many cases, DAEP placement is left to the discretion of campus officials. However, McAllen must follow Texas's list of infractions that leave both the school and the district no other choice but to refer the student to a DAEP campus.

CBC Considerations During Disciplinary Procedures

Unless placement is mandatory under Texas state code, McAllen's CBCs will gather information and make a decision on disciplinary action. Coordinators will consider the incident and the information provided by the student at the meeting before making a decision.

Coordinators must also look at the following factors for each student before choosing DAEP placement:

Whether the behavior was an act of self-defense
The student's intent or lack of intent at the time the incident occurred
The student's history of behavioral issues
Any disability that might impair a student's ability to fully understand the wrongfulness of the behavior
Whether the student is homeless or part of foster care

Mandatory DAEP Placement in McAllen Schools

Texas code requires that a McAllen student be placed in a DAEP for certain behaviors. These behaviors are considered serious enough that the student needs to be removed from campus for a specified period of time but not serious enough to permanently expel the student. Those infractions are:

False or founded threats of terrorism
Retaliation against school employees
Felony offenses on or off campus
Behavior that is seen as threatening the safety of other students or teachers

The following infractions come with mandatory DAEP placement, but only when committed within 300 feet of a public school or while attending a school-sponsored event:

Conduct that would qualify to be punished as a felony
Intentional assault that causes injury to another person
Possessing, selling, giving, or delivering controlled substances, dangerous drugs, marijuana or tetrahydrocannabinol, e-cigarettes, or alcohol
Offenses involving abusable volatile chemicals
Public lewdness
Harassment

DAEP Placement and Younger Students

DAEP placement is more common among middle and high school students, but occasionally, an elementary school student requires severe disciplinary action. Students in kindergarten through fifth grade at schools cannot be placed in a DAEP alongside any middle or high school students. So, if your student is enrolled at Roosevelt Elementary or Victor Fields Elementary, you won't need to worry about that student being placed in a classroom with a high school senior at the alternative campus.

Some more severe punishments are downgraded for younger students. For instance, if a student commits a firearm offense and is younger than six years old, that student will be placed in a DAEP, whereas an older student would face expulsion. If a student between the ages of six and nine engages in any conduct that would typically be expellable, that student will also be placed in a DAEP.

Time Limits on DAEP Placement

An important part of the DAEP placement order is the length of time the student is required to spend in the alternative learning center. Since out-of-school suspensions are limited to three days in the MISD, this length of time will usually be more than a few days but less than a few months.

MISD outlines specific timeframes for DAEP placement by age. They are as follows:

Both middle and high school students are assigned to at least 25 attended school days in a DAEP unless the placement is mandatory. For mandatory placements, the student must spend at least 40 school days in a DAEP.
Elementary school students will be placed for at least 15 school days unless placement is mandatory. Those placements will be at least 30 attended school days.

All students will go through a three-day transition program at their home campuses. Middle and high school placements won't extend beyond 60 days unless the Student Support Services Department approves it. Elementary school students serve less than 30 days unless support services approve a longer timeframe.

Longer DAEP Placements in McAllen

MISD limits DAEP placements to one year unless the district believes the student poses a threat to student safety. If the school district assigns a student to a DAEP placement beyond 60 days or past the end of the next grading period, whichever is soonest, that student's parents will be notified and invited to attend a meeting with the board or a designee.

In some cases, a student's placement goes beyond the end of the school year. If your sophomore is attending Rowe High School and is assigned to a 25-day placement in May, for instance, the placement will typically end at the conclusion of the school year. However, in cases where the student's misbehavior is persistent, or the student is a danger to the class, the placement may pick up when the summer break is over.

Appealing DAEP Placements in McAllen

DAEP placement can be appealed in accordance with the district's Student and Parent Complaints/Grievances policy. Appeals must be filed in writing to a board designee. Usually, this is either your campus's principal or the director of human resources.

Even if you're appealing, your student will need to continue to carry out the instructions outlined in the DAEP placement order. That means showing up for the first day of school at the new location and continuing to attend that school until you hear otherwise.

Negative Consequences of DAEP Placement

There's a reason to do everything you can to prevent DAEP placement. Having such disciplinary action on your student's record can negatively impact a student in the following ways:

Academic disruption: While MISD makes every effort to continue a student's regular curriculum, the setup is different in a DAEP. When returning to Rowe High School or Morris Middle School, a student may find it tough to jump back into academic life in progress. This can be especially tough for high school seniors trying to qualify to graduate on time.
Social isolation: DAEP placement separates students from their friends and classmates. That can lead to loneliness and difficulty transitioning back into the regular learning environment, even for short-term placements.
Extracurricular restrictions: During DAEP placement, students are prohibited from participating in any activities on their regular campuses. For students heavily involved in sports and school-sponsored organizations, this can sometimes hit harder than being removed from the classroom.
Negative behavior reinforcement: While in a DAEP, a student is surrounded by others who have violated the code of conduct. In some cases, that environment can reinforce bad behavior.
Reputation damage: Returning to the classroom can be tough for students who've spent even a short time in a DAEP. Whether warranted or not, those students may feel as though they've been labeled as troublemakers.

Understanding Your Rights

McAllen students and their families have rights when disciplinary action comes into play. It's important to know what those rights are from the start. Parents of students who've been referred to a DAEP have the right to:

Immediate notification of the disciplinary infraction, along with an invitation to meet with the CBC and/or other relevant parties
A written copy of the placement order that has been submitted to the juvenile court
Access all district and school policies relating to the alleged misconduct
Appeal any DAEP placement in accordance with the district's Student and Parent Complaints/Grievances policy
During DAEP placement, an education that meets Texas standards to help students stay on track academically
Special consideration if a student is receiving special education services
Details of the placement decision, including the start and end dates and access to any code of conduct a student will need to follow while in a DAEP

How the Lento Law Firm's Austin Office Can Help

Facing disciplinary action can be stressful and overwhelming. When your student is facing DAEP placement in McAllen, legal help can make a big difference.

Since DAEP placement is a Texas-specific issue, it's important to go with a legal team that is familiar with local laws. The Lento Law Firm Student Defense Team's Austin office is that firm. We can review the alleged infractions and help you prepare for meetings, appeal decisions, and navigate the rough waters of DAEP placement. If you're facing disciplinary action, give us a call at 888-535-3686 or get in touch using our online form.

McAllen, Texas DAEP Placement: Legal Insights for Parents