Is your child a student at Dallas Independent School District in Dallas, Texas? Are they facing disciplinary action due to alleged misconduct at school?
The penalties they may face if school officials determine your child has committed a violation can depend on numerous factors. Sometimes, officials at the Dallas Independent School District (or DISD) may recommend removing a child from the district and placing them in a disciplinary alternative education program (DAEP).
Placing a child in a DAEP essentially involves placing them in an alternative school for problem students. School officials may consider this option as an alternative to severe forms of disciplinary action like expulsion. In some instances, students succeed in this type of environment, but placement in a DAEP often results in limitations that can affect a child's short-term and long-term future.
Our Student Defense Team at the Lento Law Firm understands how the outcome of disciplinary proceedings at Dallas Independent School District can influence many other areas of your child's life. Our firm offers unique services, often representing students facing disciplinary action. Our understanding of the disciplinary process at a Dallas public school district allows us to provide a quality of service that you might not get from a criminal defense attorney.
Is your child at risk of being placed in a DAEP due to alleged misconduct at Dallas Independent School District? If so, submit your information through our online contact form or call us at 888-535-3686 to learn more about what we can do for you and your child.
Dallas Independent School District: Essential Information
Dallas Independent School District is a large district consisting of:
- 147 elementary schools
- 35 middle schools
- 38 high schools
- 10 multi-level schools
According to the most recent facts sheet from the district, DISD serves approximately 155,861 students. Its administration building is located at:
9400 North Central Expressway
Dallas, TX 75231
Our Student Defense Team at the Lento Law Firm has a convenient location nearby at:
325 N. St. Paul Street, Ste. Lento Firm 3100
Dallas, TX 75201
Our proximity to the district provides our attorneys and staff with a local's understanding of district policies. That's the type of assistance you need when your child is facing potential DAEP placement.
The Student Code of Conduct and DAEP Placement at Dallas Independent School District
Texas law requires Texas school districts to establish codes of conduct. At the start of the school year, DISD should have provided you with a copy of the most recent code of conduct. The DISD also makes the current code of conduct available online.
It outlines the instances when DAEP placement may be necessary. In accordance with the law, the district should only consider DAEP placement for serious offenses, like harassment or felony conduct.
What You Need to Know About the DAEP at Dallas Independent School District
All districts in Texas must establish DAEPs to serve as alternatives to removing students from the district. The most recent student code of conduct for the Dallas Independent School District provides the following details regarding its DAEP:
- Length of the program: Removal to a DAEP isn't permanent. If DISD opts to place a student in its DAEP, the minimum length of placement is 10 days. The maximum is 40 days. Decision-makers will account for factors like a student's age and the nature of the alleged offense when determining how long they should remain in the DAEP.
- High school courses: The DAEP doesn't offer all the courses a student might have access to at their home school in the district. At the high school level, the DAEP at DISD only offers courses in English, social studies, math, and science. In some cases, a DAEP provides access to electives, honors, and Advanced Placement (AP) classes, but there is no guarantee a student will have access to these courses during a DAEP placement. The law states a DAEP does not need to provide elective courses to satisfy the legal requirements of a DAEP in Texas.
- Coordination with home school: A DAEP should maintain a reasonable degree of continuity between a student's recent educational experiences and their current schooling. To that end, the DAEP will usually coordinate with a student's home school in the district so they can continue receiving assignments from their home campus. Alternatively, DAEP instructors can work with a student's home campus educators to ensure the DAEP curriculum and work corresponds with a student's learning experiences at their home school in the district.
Per the code of conduct, DISD must and will afford a student due process before placing them in a DAEP. Due process in this type of case involves the following elements:
- Allowing a student's parent or guardian to represent them and provide them with guidance
- Providing a student with opportunities to share their side of the story and introduce evidence that may strengthen their defense
- Allowing a student to question DISD's representative during the disciplinary process
In addition, the code states a student's parents may designate legal counsel to represent a student. A student can also hire a lawyer themselves if any of the following apply:
- The student is 18 years of age or older.
- The student is emancipated.
- The student is homeless.
The student code of conduct states that the DAEP's purpose is to offer a student the opportunity to learn to adjust the behavior that resulted in DAEP placement in the first place.
That's all well and good—in theory. However, research indicates that DAEP placement can involve a range of potential downsides for students. Consider the following examples:
- Studies show that DAEP placement or similar disciplinary outcomes are associated with a greater likelihood of dropping out of school.
- Some research indicates that DAEP placement may not happen fairly. For example, research shows that a student's race can potentially influence a district's decision regarding whether to place them in a DAEP. Even if decision-makers don't know they're engaging in such bias, they may do so subconsciously.
- DISD may indicate that it strives to provide students with sufficient education in its DAEP. However, it's not uncommon for a DAEP to offer a lower-quality education than a student's home school may offer. Removing them from their home school can also interrupt their education in a manner that can be difficult to recover from academically.
The above are just some of the reasons a DAEP placement isn't necessarily ideal for a child, even when DISD is considering other forms of disciplinary action.
Our Lento Law Firm Student Defense Team's attorneys understand your concerns when your child is facing the kind of disciplinary action that can have profound implications for their education. We'll provide a defense tailored to the unique factors of their case.
The Dallas Independent School District DAEP: Understanding a Student's Rights
The latest DISD student code of conduct also specifies what the DAEP can't involve:
- Interfering with a four-year graduation plan: If a student is on track to graduate from high school within four years, placing them in the DAEP cannot involve altering their four-year graduation plan. If removal to the DAEP interferes with a student's ability to complete a foundational course, DISD must provide the student with an opportunity to complete the course before the start of the next school year. Options for completing a course if a DAEP interrupts a student's normal schedule include summer school, correspondence courses, and distance learning. DISD cannot charge for these opportunities.
- Removing a student from their home school prematurely: Until the district officially moves to place a student in its DAEP, the student has the right to remain in their home school. Or they can remain in the Reset Center (more information on this is in the following section of the guide). However, exceptions to this policy apply when a student continues to violate the code of conduct and/or represents a potential safety threat.
You and your child may not be familiar with their rights throughout the disciplinary process. This is yet another reason to enlist the help of legal professionals. At the Lento Law Firm, our Student Defense Team will ensure someone is protecting your child's rights through all stages of this experience.
The Reset Center at Dallas Independent School District is Not a DAEP
Placement in DISD's Reset Center is another potential outcome of a disciplinary issue. A Reset Center at DISD offers short-term educational and behavior management services to students who may not require full DAEP placement.
Generally, DISD can't place a student in a Reset Center for more than 30 consecutive days. However, the district can make an exception when placing a student in a Reset Center as an emergency means of protecting others while their DAEP case is pending.
Is your child currently in a Reset Center, or is this an option you believe DISD is considering in their case? Our team can help you better understand what this may mean for your child.
The DAEP Hearing at Dallas Independent School District
According to DISD's student code of conduct, when the district plans to hold an administrative hearing to consider DAEP placement, it will notify a student and/or their guardian accordingly. The district may proceed with this hearing even if a student and/or their guardian doesn't attend.
Attending this hearing is very important. Just remember that any errors a student makes during the hearing can jeopardize their case's outcome. Even failing to take advantage of an opportunity to present evidence could represent the type of error that results in unreasonable penalties.
That's not something you need to worry about when you hire the Lento Law Firm Student Defense Team. We'll represent your child during their hearing (and all other stages of the process), guarding against mistakes a child could easily make when representing themselves in a stressful situation.
Potential Defense When Your Child Faces DAEP Placement at Dallas Independent School District
How our Student Defense Team at the Lento Law Firm may defend your child will depend on such factors as the nature of the alleged misconduct, whether your child has been in trouble in the past, and other such details. Reviewing your case with our team is the best way to understand how we can specifically serve your family at this time.
However, there are certain general strategies we may employ. Familiarizing yourself with them can help you appreciate the benefits of having a qualified legal team on your side right now.
For example, the same section of the Texas Education Code that specifies all districts must establish student codes of conduct also states that districts must consider the following factors in cases involving potential DAEP placement (or similar penalties, like suspension or expulsion):
- Self-defense: Perhaps DISD accuses your child of attacking another. A potential valid defense would be to argue that your child was actually engaging in self-defense because another child attacked them (or appeared to threaten them) first.
- Intent (or lack thereof): There are various potential circumstances in which a student could theoretically violate DISD's code of conduct without intending to do so. We may argue that DAEP placement isn't appropriate for your child because they didn't mean to commit a violation.
- Disciplinary history: Has your child ever been in trouble before? Minimal past disciplinary issues are a mitigating factor that can be used to indicate why DAEP placement is unnecessary.
- Disability: Specifically, the law says a district should account for this factor when a disability could reasonably prevent a student from appreciating that certain misconduct is wrong.
- Department of Family and Protective Services conservatorship status: If a student has a conservatorship via the Department of Family and Protective Services in Texas, this is a factor DISD must consider before deciding to place them in a DAEP for an infraction.
- Homelessness: In cases where students are homeless, we can potentially argue that DAEP placement could represent an undue hardship.
The above aren't the only defenses we can employ in a DAEP placement case. Again, we'll account for the unique details of your child's case when working on their defense strategy. Get in touch today for more information.
Contact the Lento Law Firm for Help With a Dallas Independent School District DAEP Case
DAEP placement isn't always the best option for a student. At the Lento Law Firm, our Student Defense Team is prepared to represent your child if they're facing this potential form of disciplinary action at Dallas Independent School District. Let us get started on their case by calling our offices at 888-535-3686 or contacting us through our online form.
