Protecting Your Child’s Rights During DAEP Placement in Lamar CISD

As the fastest-growing school district in Texas, the Lamar Consolidated Independent School District (CISD) attracts families looking for a quiet, child-friendly town. With amenities like Lamar City Park and Pat Mayse Lake, parents have plenty of options for keeping kids busy.

However, the Lamar CISD has a strict code of conduct that all students are expected to follow. Infractions can lead to classroom reassignments, suspensions, and even expulsions. Lamar students also have access to a Disciplinary Alternative Education Program (DAEP), which allows them to remain in a classroom environment while carrying out disciplinary action.

If your student is facing DAEP placement in Lamar, Texas, you'll understandably have questions. The Lento Law Firm Student Defense Team's Houston office can help with answers. Give us a call at 888-535-3686 or complete our confidential online form and let us know how we can help.

What Is DAEP?

DAEPs are part of a statewide program that offers an alternative classroom for students undergoing disciplinary action. Students are referred to a DAEP in the following situations:

  • A conduct violation fits the criteria for mandatory DAEP placement
  • A conduct violation is severe enough that the school chooses DAEP placement
  • The student has a history of conduct violations that merit more serious disciplinary action

Whether your student attends Randle Elementary School, Navarro Middle School, or Fulshear High School, it's important to familiarize yourself with the Lamar CISD Student Code of Conduct. DAEP placement policies are detailed here, as well as the rules all students are expected to follow.

Lamar CISD's Disciplinary Process

Disciplinary action typically begins when a student is sent to the principal's office. Each campus in the Lamar CISD has at least one assigned campus behavior coordinator (CBC), and that person is responsible for gathering information and making decisions about disciplinary action for that school.

For behavior that could result in a DAEP placement, the CBC will reach out to the parent to schedule a hearing within three school days. The student and the teacher who removed the student will also be present when applicable. From this meeting, the CBC will make a disciplinary decision.

Disciplinable Offenses in the Lamar CISD

Lamar's campuses divide offenses into the following discipline codes, including some examples of behaviors that fit into each:

  • Minor offenses: Cheating and copying, dishonesty, cutting in line, and horseplaying
  • Major offenses: Throwing objects, racial slurs, possession of tobacco or e-cigarettes, and inappropriate touching
  • Major offenses/discretionary DAEP: Bullying and cyberbullying, fighting, theft, and property destruction
  • Mandatory DAEP or discretionary expulsions: Assault, drug possession on campus, public lewdness, and terroristic threats
  • Expellable offenses: Felony-level offenses, murder, prohibited weapon possession on campus, and computer security breaches

Punishments in the Lamar CISD

Each level in the discipline code comes with its own penalties. Those penalties are:

  • Minor offenses: CBCs are required to at least issue a reprimand and hold a student conference. Short-term class removal, parental contact, and loss of privileges are optional.
  • Major offenses: This level requires documentation of the offense, as well as parent contact and a student conference. The CBC may also choose to revoke privileges, reassign the student to another classroom, or issue an in-school suspension.
  • Major offenses/discretionary DAEP: Documentation and parent contact are minimum penalties at this level, as is an in-school suspension. The CBC may also refer the student to a DAEP or, at the very least, reassign the student to a different classroom.
  • Mandatory DAEP or discretionary expulsions: At this level, the police must be notified, in addition to documentation and parent contact. DAEP referral is required, but schools may also suspend students.
  • Expellable offenses: At this level, the police are notified, and the student is expelled from school.

Limitations of DAEP Placement

For more serious infractions, Lamar CISD campuses must consider several factors prior to recommending action. Before expulsion or placing a student in a DAEP, the CBC must determine:

  • Whether the act was in self-defense
  • The student's intent at the time the incident occurred
  • The student's record of disciplinary action
  • Whether the student is homeless
  • Whether the student is in the conservatorship of the Texas Department of Family and Protective Services

These factors aren't the only things that will hold a CBC back from referring a student to a DAEP. Students under the age of six can only be placed in a DAEP if they commit a federal firearms defense. Students under the age of 10 can't be expelled. They'll instead be referred to a DAEP.

Additionally, if your student attends McNeill Elementary, Williams Elementary, or one of the many other elementary schools in the Lamar CISD, you won't have to worry about students from schools like Roberts Middle School or Foster High School sitting in the same classroom. The district does not allow elementary school students to be placed in a DAEP with students who are in junior, middle, or high school.

Length of DAEP Placement

In Texas, out-of-school suspension is limited to three days. By design, DAEP placement will usually be longer than that, but in most cases, not excessive. Although the length of placement is at the school's discretion, elementary school students are placed for only 15-20 days. At the end of that period, the student's progress will be assessed, and if necessary, that term can be extended.

For middle and high school students, placements longer than 90 days require both a pre-and post-assessment. No student can be placed in a DAEP for longer than 172 days. Even once placed, a student may be eligible for early release, provided that the student shows progress when it comes to grades, counseling participation, and attendance. The Lento Law Firm Student Defense Team's Houston office can work with parents to understand exactly what a student needs to do to shorten placement duration.

Appealing DAEP Placement

A student referred to a DAEP in Lamar CISD must report according to the directions in the placement order. However, parents can appeal the decision. If the decision is overturned, the student will then be able to return to campus.

Appeals must be directed to the campus principal, then the Administrator for Student Discipline and Placement. You'll need to file the appeal within three school days. Appeals must follow the district's policies, which are available upon request from your principal, the central administration office, or through Policy Online.

The Negative Impact of DAEP Placement

Before you decide to work hard to avoid DAEP placement for your student, it's important to know the negative consequences that can come from even a short stint at the alternative learning center. Here are some downsides to DAEP placement:

  • Academic disruption: Despite its best efforts, the Lamar Alternative Learning Center can't duplicate each student's regular learning environment. As a result, students may fall behind on their studies, making the transition back to campus tough.
  • Increased dropout rates: One study found lower graduation rates for students who attended DAEPs than those who didn't.
  • Social isolation: DAEP separates students from their peer groups, putting them in a temporary environment where it can be tough to form lasting connections. As a result, students may feel isolated and even fear having a tough time returning to their friends when the placement ends.
  • Stigmatization: Teens, in particular, are sensitive to how their peers view them. Being away from campus due to disciplinary action can lead to students feeling vilified by classmates when they finally return to campus.
  • Extracurricular disruption: DAEP placement prohibits students from participating in school-sponsored events, including athletics and organizations. This can hinder their future in those organizations and cut them off from something they enjoy.
  • Disciplinary record impact: As with many other disciplinary measures, DAEP placement will remain on a student's academic record. This could affect future educational opportunities, including college acceptance.
  • Family disruption: For parents and other family members, DAEP placement creates a temporary inconvenience. Lamar CISD does not provide transportation to and from the Alternative Learning Center, for instance. Campus hours may also differ. For households that rely on school buses for transportation, this can create a hardship.
  • Extra requirements: Students are required to attend weekly education and support sessions hosted by Fort Bend County Regional throughout the student's stay in DAEP. This requirement can put additional stress on households.
  • Emotional stress: Perhaps the biggest negative consequence of DAEP placement is the stress it puts both on students and parents. Once placement is inevitable, parents will need to shuffle priorities to support their children through the process, which can put additional strain on households.

Your Rights as a Lamar Parent

The DAEP process moves fast. A student is typically removed from the classroom and placed in a DAEP within days, not weeks. That makes it tough for parents to navigate the code of conduct and compare it to the allegations being leveled against their student.

But your family has rights, the first of which is the right to consult counsel. The Lento Law Firm Student Defense Team's Houston office is just a quick phone call away, and we can help you from the first meeting.

Here are some other rights you have as a Lamar CISD parent dealing with disciplinary issues:

  • Right to a hearing: Within three days of a student's removal from class, the school administrator must schedule a meeting with the parent. You have the right to notification of the date and time of this meeting, as well as the right to be present along with your child.
  • Right to decision notification: Following the meeting, the administrator will make a decision. If that decision is referred to a DAEP, a placement order must be delivered to the juvenile court by the second business day after the meeting. Both you and your child should receive a copy of this placement order.
  • Right to a free course: Each student placed in a DAEP has the right to a free foundation curriculum course matching the one they were enrolled in at the time of removal.
  • Right to protection: Students covered under the Individuals with Disabilities Education Act can only be placed by a duly constituted Admission, Review, and Dismissal Committee if the placement will exceed 10 consecutive days.
  • Right to appeal: You have the right to appeal within three days of the final decision. You also have the right to request the instructions for placing an appeal from your principal, the central administration office, or Policy Online on the Lamar CISD website.

How We Can Help

Many law firms promise to help with ads on billboards and TV, but the Lento Law Firm Student Defense Team is different. Our Houston office has extensive experience with DAEP placement and can help families in Lamar who are facing disciplinary issues.

Below are some of the ways we can help you if you're dealing with DAEP placement in Lamar, Texas:

  • Explaining the accusations: We can review the alleged conduct violation and compare it to school policies.
  • Preparing for the disciplinary meeting: If parents contact us early in the process, we can help you and your student prepare for the initial meeting.
  • Explaining your rights: As mentioned above, students have rights in all disciplinary processes. We'll ensure due process is followed every step of the way.
  • Protecting against discrimination: Where applicable, our team can review a disciplinary process to ensure no discrimination took place.
  • Negotiating alternative outcomes: In some cases, our team can help you negotiate a less invasive penalty, such as in-school suspension or counseling.
  • Ensuring an adequate learning environment: Our team can advocate for students who feel the Alternative Learning Center is either unsafe or academically inadequate.
  • Securing records expungement: In some cases, our team can minimize the long-term impact of a student's DAEP referral.
  • Preventing future issues: While you can't change the past, you can work toward a discipline-free school experience for your Lamar student. We'll help you understand your rights under the code of conduct and advise you on protecting your student from future discipline.

If you're facing DAEP placement in the Lamar CISD, you need a firm with a local touch. The Lento Law Firm Student Defense Team's Houston office has worked with students facing DAEP placement and can help. Contact us at 888-535-3686 or complete our confidential online form, and we'll be in touch.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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