Is your child a student at Conroe Independent School District (or simply “Conroe ISD”) in Texas? Are they currently facing placement in a disciplinary alternative education program (DAEP) due to alleged misconduct? A proper defense can play an essential role in their case's outcome if so.
A DAEP is often a potential alternative to expulsion or suspension. It allows a student to continue attending classes away from their traditional campus as a means of addressing disciplinary issues. Under the Texas Education Code, every independent school district in Texas must offer a DAEP.
Placement in a DAEP isn't always the ideal outcome for a student facing disciplinary action. DAEP placement can interrupt their current academic schedule, prevent them from receiving the same quality of education other students receive, and may even increase their odds of dropping out or getting into future trouble.
Our Student Defense Team at the Lento Law Firm serves the needs of Conroe ISD students through our Houston office. If your child is facing a potential DAEP placement at Conroe ISD, we're available to take their case. Learn more by submitting your information through our online contact form or calling our offices today at 888-535-3686.
Essential Information About Conroe Independent School District
Conroe ISD:
- Serves approximately 70,000 students and operates 71 campuses
- Is the ninth-largest school district in Texas
- Serves the communities of The Woodlands, Shenandoah, Oak Ridge North, Conroe, Grangerland, and several other smaller communities in the region
The Conroe ISD administration building is located at:
3205 W. Davis St.
Conroe, TX 77304
Our Student Defense Team at the Lento Law Firm has several locations in the state. Through our nearby Houston location, we can easily serve clients within the bounds of the Conroe ISD. The address for our Houston office is:
1201 Fannin St, Suite 262
Houston, TX 77002
An understanding of both the Texas Education Code and the policies and procedures of Conroe ISD can play an essential role in the outcome of your child's DAEP case. At the Lento Law Firm, attorneys with our Student Defense Team offer localized services tailored to the specific needs of each individual client in the area.
The Conroe ISD Student Code of Conduct and DAEP Issues
Under Texas law, Conroe ISD (and all other public school districts in Texas) must provide parents/guardians with a student code of conduct at the start of the academic year. Conroe ISD also provides the latest Student Code of Conduct for download via its website.
The most recent Conroe ISD Student Code of Conduct has a section covering DAEP placement and related issues. Among other topics, it addresses the forms of misconduct that may result in DAEP placement. They typically fall into one of the following three categories:
- Discretionary placement misconduct: The Student Code of Conduct indicates Conroe ISD decision-makers can place a student in the district's DAEP for any behaviors prohibited under the section of the Code covering General Conduct Violations. The district may exercise its own discretion when determining whether to place a student in a DAEP in these circumstances.
- Conduct that may result in DAEP placement under the law: The Texas Education Code provides guidance on instances when the Conroe ISD may consider DAEP placement as a potential form of disciplinary action. Examples of misconduct that could potentially result in DAEP placement include (but aren't limited to) bullying that encourages a student to commit or attempt to commit suicide, criminal street gang activity, assault with threat of imminent bodily injury, and more. The law also states the district's superintendent or designee may have a student placed in a DAEP if they have a reasonable belief that they've committed a felony (except in the case of certain specific violations).
- Conduct that must result in DAEP placement under the law: There are scenarios in which the district technically must place a student in a DAEP. Examples include when a student makes a bomb threat or similar threat when they engage in acts of retaliation against school employees or volunteers and when they commit various types of crimes, regardless of whether they do so on or off school grounds.
Various factors can influence the penalties a student may face for alleged misconduct. For example, perhaps a student between the ages of six and nine years engages in the type of behavior that would normally result in expulsion for an older student. According to the law and the Student Code of Conduct, DAEP placement as an alternative to expulsion is an option in this case.
There's no guarantee a school district will always operate in accordance with applicable rules, laws, and policies when disciplining a student. There are numerous reasons a student may receive a DAEP placement without deserving one. For example, maybe a school district misclassifies a form of misconduct, accusing a student of a more significant form of misconduct than the form they actually engaged in. Such an error could result in excessive disciplinary action.
The above example isn't meant to worry you. It's meant to demonstrate one of the reasons it's helpful for a student to have a proper defense when facing DAEP placement. At the Lento Law Firm, our Student Defense Team will ensure the Conroe ISD doesn't improperly violate your child's rights.
The DAEP Placement Process at Conroe ISD
The Student Code of Conduct outlines the process when the Conroe ISD considers placing a student in its DAEP. The process involves:
- Conference: The DAEP placement process may begin when a student is accused of misconduct, and their campus administrator removes them from class accordingly. The school will schedule a disciplinary conference to be held no more than three school days after a student's removal from class. A student, their parent/guardian, and a teacher (in cases involving teacher removal) should attend this conference. During the conference, the campus administrator will provide a student with an oral or written explanation of the reason for removal from class. The student has an opportunity to respond and present their side of the case. The district may proceed with a conference without a student or their parent/guardian in attendance after making valid but unsuccessful attempts to require attendance. While a student waits to participate in a conference, the principal can allow them to attend classes in a separate classroom. Or, the principal can impose an in-school or out-of-school suspension until the conference.
- Consideration of mitigating factors: The law requires a Texas school district to consider certain mitigating factors that can apply in DAEP placement cases. The next section of this guide will address these mitigating factors in greater detail. The campus administrator or hearing officer must consider these factors regardless of whether a case would typically involve mandatory DAEP placement.
- Placement order: The campus administrator will draft a placement order if the district opts to move forward with DAEP placement after a conference. The district should send a copy of the order to a student's parent, guardian, or other adult serving as a parental figure. It should also provide them with information about requesting an evaluation of the student to determine if special education services are necessary. The school Board's designee must also file a copy of the placement order with the relevant juvenile court no later than the second business day following a disciplinary conference.
Facing this process alone can be very intimidating for a student. Luckily, it's also unnecessary.
Our Student Defense Team at the Lento Law Firm will guide you and your child throughout the disciplinary process. Allowing us to handle your child's case also guards against you or them making the kinds of errors that could negatively influence a case's outcome.
Mitigating Factors in a Conroe Independent School District DAEP Case
Presenting mitigating factors is one way our team may defend your child. As mentioned in the previous section, when applicable, Conroe ISD must account for the following mitigating factors in a pending DAEP placement case:
- Whether a student was engaging in self-defense when misconduct occurred
- The extent to which a student did or did not intend to engage in misconduct
- The disciplinary history of a student
- Whether a student was unable to understand their conduct was wrong because of an impairment
- A student's Department of Family and Protective Services conservatorship status
- Whether a student is homeless
For instance, maybe your child is facing DAEP placement, and this is the first time they've faced any substantial disciplinary action in their academic career at Conroe ISD. This is the type of factor we may highlight when working on a client's defense strategy.
That said, the right defense strategy for a client is one that accounts for all the specific and unique details of their case. The best way to fully appreciate how we may approach a case like your child's is to schedule a consultation with our Student Defense Team at the Lento Law Firm.
How Long Can a DAEP Placement Last at Conroe Independent School District in Texas?
Per the Student Code of Conduct, there are no set criteria determining how long a student's DAEP placement may last. The campus administrator ultimately determines the proper length of a DAEP placement. The Code of Conduct indicates campus administrators must evaluate each case individually when deciding the necessary length of a DAEP placement. Factors they may account for include:
- A student's age and grade level
- The seriousness of the alleged misconduct
- Whether a student has engaged in repeated instances of misconduct
- What the law requires
If a DAEP placement lasts for longer than 60 school days, a campus administrator must make a recommendation accordingly. The district's hearing officer must also approve of the length of the placement. Generally, the maximum length of a DAEP placement is one calendar year.
There are exceptions to this rule. Conroe ISD can extend a DAEP placement beyond one year if a review of a case indicates either of the following:
- A student represents a threat to the safety of other students, district employees, or both.
- Extending a DAEP placement beyond one year would serve the best interest of the student.
Sometimes, the length of a DAEP placement may exceed the number of remaining days in a school year. For example, Conroe ISD may impose a 45-day DAEP placement, but the current school year only has 20 days left in it.
In these circumstances, a student may have to begin the next school year with a DAEP placement. Under the Student Code of Conduct, a DAEP placement can extend beyond the end of the current school year when the principal of a student's school (or another relevant authority figure, like the Board's designee) determines that either of the following apply:
- Allowing the student to attend classes at their regular campus would endanger others.
- The student has violated the District Code through “serious or persistent misbehavior.”
In some cases, the goal is to avoid a DAEP placement altogether. In others, it's to ensure the length of a DAEP placement isn't excessive. Our Student Defense Team at the Lento Law Firm will speak up on your child's behalf if Conroe ISD attempts to require an unfair DAEP placement.
Appealing a DAEP Placement in Conroe Independent School District.
Students or their parents can appeal DAEP placements. If a DAEP placement does not extend beyond the end of the school year or the next grading period, students or parents can direct their concerns to the relevant campus principal. If a student or parent objects to an element of the process that resulted in a DAEP placement, they can express their concerns via the district's FNG (LOCAL) complaint policy.
This is another way in which our team can help you. From our office in Houston, the Lento Law Firm Student Defense Team can appeal a DAEP decision that appears to be unfair under the applicable rules or statutes.
Contact the Lento Law Firm for Help With Your Child's Conroe Independent School District DAEP Case
The fact that a DAEP placement sometimes represents an alternative to expulsion or suspension doesn't mean it's always the right outcome in a student discipline case. If your child is facing DAEP placement at Conroe ISD, our Student Defense Team at the Lento Law Firm will defend their academic career while ensuring no one violates their rights. Get started today by calling us at 888-535-3686 or submitting your information through our online form.
