As the largest school district in Texas and the eighth-largest in the U.S., the Houston Independent School District (HISD) has its fair share of disciplinary issues. Among its disciplinary options is the Disciplinary Alternative Education Program (DAEP), which offers the district an alternative to out-of-school suspension.
The Lento Law Firm Student Defense Team's Houston office works with students from Almeda to Marshall. If you're dealing with disciplinary issues in a Houston-area school, give our local offices a call at 888-535-3686 or fill out our confidential online form, and we'll be in touch.
DAEP in Houston
Students in Houston's public schools have access to a Code of Student Conduct that details the district's expectations. The response to a violation depends on how serious that violation was. In most cases, schools use tools like parent-teacher conferences and withdrawals of student privileges as discipline, but more severe violations merit more serious consequences.
The Disciplinary Alternative Education Program is a statewide initiative that sets up separate campuses for students who must be removed from their regular settings. The HISD has separate campuses for elementary, middle, and high school students, all located in the Houston area. DAEP placement is more serious than an out-of-school suspension but serves as a better alternative to permanent expulsion.
Disciplinary Authorities in the HISD
As detailed in the Texas Education Code, each public school in the state must have a campus behavior coordinator (CBC). HISD has a directory of each location's CBC, complete with contact information, to make it easy for you to track down the right person to reach out to with questions or concerns.
In many cases, schools designate a principal, assistant principal, or associate principal as CBC. Since many students are sent to the principal's office with behavioral issues, the CBC can manage the process of gathering information and reaching out to parents as a natural part of their daily duties.
HISD's Disciplinary Levels
The HISD divides its infractions into five separate levels, escalating in severity with each level. Here are the levels and their typical disciplinary action:
- Level I: Smaller infractions like tardiness and classroom disruption fall under this category. Violations can lead to parent-teacher conferences, detention, and a school-assigned probation period.
- Level II: Level I offenders who repeat the offense will be disciplined at this level. It also applies to students who show disrespect to authority or fail to obey school personnel. Disciplinary action includes Saturday school, in-school suspension, or any Level I punishment.
- Level III: This category includes infractions like cheating, using offensive language, possession or use of alcoholic beverages, and leaving campus without permission. Punishments range from grade penalties to out-of-school suspension, depending on the severity of the offense.
- Level IV: Often, repeat offenders at lower levels eventually reach this level. It also applies to behaviors like threats of physical violence, vandalism, hazing, and gang-related activity. Disciplinary action is harsher at this level and can include out-of-school suspension and DAEP placement.
- Level V: This covers the most severe offenses, including false alarms, assault, and possession or use of controlled substances. Some Level V offenses lead to mandatory expulsion, including firearm possession, sexual assault, and arson.
Initiating DAEP Placement
Out-of-school suspension is an option for Houston's public schools, but this action is limited to three school days. DAEP allows Texas school districts to remove students from campus without interfering with their academic progression.
As with other disciplinary activities, DAEP typically starts with a student being removed from the classroom and sent to the principal's office. At that point, the CBC will schedule a conference with the student's guardian within three school days. At this conference, the reason for the removal will be explained, and the student will have an opportunity to respond.
Mandatory DAEP Placement
It's important for families to know that the Texas code requires DAEP placement for certain behaviors. If a student engages in this type of conduct, the campus has no choice but to send the student to a DAEP.
DAEP placement is automatic if the student:
- Makes a false alarm or terroristic threat
- Engages in a felony, commits an assault,
- Sells, gives, delivers, uses, or is under the influence of controlled substances, dangerous drugs, marijuana or THC, or alcohol within 300 feet of a public school
- Commits an offense relating to volatile physical chemicals within 300 feet of a public school
- Public lewdness or indecent exposure within 300 feet of a public school
- Harasses a school employee
- Retaliates against a school employee or volunteer
- Engages in felony-punishable conduct or aggravated robbery
Typically, a federal firearms violation is an automatic expulsion, but if the student is under six years of age, that student will be referred to a DAEP. Additionally, students who are between the ages of six and nine and commit an offense that would get an older student expelled will be referred to a DAEP.
Discretionary DAEP Placement
For most other higher-level violations, CBCs can use their judgment to decide on discipline. These behaviors may result in a DAEP placement, depending on what the campus decides before, during, and after the meeting with the student and his or her guardian.
- Bullying that leads to suicide or attempted suicide
- Group bullying that incites violence
- Releasing or threatening to release compromising visual materials of a student without consent
- Participating in group activities like campus sororities, fraternities, secret societies, or gangs
- Participating in street gang activity
- Non-felony-level criminal mischief
- Assault with threat of bodily injury
- Provocative or physical contact
Mitigating Factors and DAEP Placement
The CBC will gather information and make a decision about disciplinary action. Before referring a student to a DAEP, though, Texas requires the campus to consider these mitigating factors, even if the behavior would otherwise qualify for mandatory DAEP placement:
- Was the behavior in self-defense?
- What was the intent of the student who committed the alleged offense?
- What is the student's disciplinary history?
- Does the student have a disability that might have impacted his or her understanding of the wrongfulness of the behavior?
- Is the student in foster care?
- Is the student homeless?
This is where the Lento Law Firm Student Defense Team's Houston office tends to focus when helping families battle disciplinary issues. Even in cases where the student admits to having committed the offense, our team can sometimes demonstrate that the student fits one of these mitigating factors to get around even mandatory placements.
The Placement Process
Following the hearing, the CBC or other campus administrators will decide on disciplinary action. If DAEP placement is decided, the CBC will write a placement order. A copy of that order will be sent to the student and his or her parent or guardian.
Within two business days of the hearing, the CBC or administrator must deliver the placement order to the juvenile court. If the length of stay is inconsistent with typical procedures, the order should specify the reason for the inconsistency.
Houston's DAEP Campuses
The HISD is such a large school district that students attend one of three DAEP campuses spread throughout the city.
- Harper DAEP High School: Serving grades 9 through 12, this campus is located near the Garden Oaks area. This school has a strict dress code and a no-electronics policy.
- Secondary DAEP: Students in grades 6 through 8 will attend this campus, located in the Fifth Ward neighborhood. The school has a detailed code of conduct that includes a strict dress code.
- Elementary DAEP: Younger students will report to this campus, which is located on the east side of town in the Denver Harbor/Port Houston neighborhood.
It's important to take a look at the bell schedule for your student's assigned DAEP campus since hours differ from one campus to another. You'll also have to arrange for transportation for high school students who don't drive. Transportation is provided for students at the elementary and middle school level, as well as for any students entitled to transportation under an individualized education program or Section 504 plan.
Support for DAEP Students
Houston's DAEP campuses go beyond providing a comfortable learning environment. Students have access to additional support, including courses that help ensure a smooth transition back to the classroom. The school also provides counseling to students.
The HISD also collaborates with nonprofits to bring in additional support for the students in the program. One collaboration was with a local nonprofit called re:MIND, which provides support to those living with or affected by depression and bipolar disorders. Re:MIND recently worked with the HISD DAEP to hold 36 group meetings serving 48 individuals.
Length of DAEP Placement
Houston DAEP placement removes a student from his or her campus for a specified timeframe, but the exact timeframe varies from one student to the next. The CBC sets the placement term, which is written in the order given to the court.
Although DAEP placements will likely last more than a week or two, in most cases, they can't go beyond one year. If a student is in a DAEP longer than 90 days, a pre-and post-assessment will be required. When a student's term extends beyond the end of a school year, the CBC will decide whether the student should consider the term once the new school year kicks off.
Appealing a DAEP Placement
From the initial meeting, it's important to have the facts and present them in a calm, professional tone. CBCs typically want to avoid disrupting the student with a DAEP referral as much as students and parents want to avoid it.
However, if your student has stated his or her case and the CBC still recommends DAEP placement, you can appeal the decision. All Level 1 appeals should be directed to the Executive Director of Student Discipline. You cannot appeal disciplinary action above the district level in Texas.
Parental Updates During DAEP Placement
If you're a parent or guardian of a student in a DAEP, you'll likely be eager for progress updates. The campus administrator or a designee must update every student on his or her status at least every 120 days. This includes your student's academic status.
For high school seniors, DAEP progress updates take on an additional level of importance. You'll want to make sure your student is on track to graduate at the end of the year. Seniors will get a review that includes the graduation plan and the progress toward graduation.
This review offers an opportunity for both the parent and the teacher to make a case for the student's return to the classroom. However, it's important to note that even if a student returns to campus, if a teacher removed that student from a classroom, the teacher will need to give permission before the student can be returned to that teacher's classroom.
Restrictions During DAEP Placement
Whether a student is attending Hamilton Middle, Westbury High, or one of the many other schools in the HISD, your student will be isolated from his or her regular campus for the entire placement term. That includes extracurriculars like sports and clubs.
Unfortunately, HISD extends this restriction to high school seniors approaching graduation. If a student remains in the DAEP on graduation day, that student will not be able to graduate or participate in any district- or school-sponsored graduation activities. The only exception is when graduation participation was stipulated in the placement order.
Legal Help with Your HISD DAEP Placement
Disciplinary issues can be challenging for families. If your student has no disciplinary history, you probably aren't deeply familiar with the procedures.
From the time you get the request for a hearing to the day your student is released from the DAEP campus, the Lento Law Firm Student Defense Team's Houston office can help. We've helped students facing DAEP placement in the following schools:
- Hogg Middle School
- Gregory Lincoln Education Center
- Milby High School
- Waltrip High School
- Pugh Elementary School
- Thomas Middle School
- Kashmere High School
- Austin High School
- Burbank High School
- Brookline Elementary School
If your student is dealing with disciplinary issues in the Houston Independent School District, we can help. Get in touch with the Lento Law Firm Student Defense Team's Houston office by calling 888-535-3686 or filling out our online form.
