The Texas Education Code establishes certain rules and requirements applying to all independent school districts in the state. For example, all districts must establish alternatives to expulsion or suspension that allow students to receive an education while addressing disciplinary problems or misconduct.
This type of program is known as a disciplinary alternative education program (DAEP) in Texas. If your child is a student at El Paso Independent School District (EPISD) and they get in trouble for violating district rules, placement in a DAEP might be a potential outcome depending on the nature of the alleged misconduct.
A DAEP placement isn't without its drawbacks. Being placed in a DAEP could interfere with a student's educational progress. Even though a DAEP should provide them with the same general quality of education they'd receive in their basic courses, it may fail to do so. Research also indicates that a DAEP placement could lead to other negative academic outcomes, like dropping out of school.
Our Student Defense Team at the Lento Law Firm can help if your child is an EPISD student facing potential DAEP placement. We specifically work with clients like your child, offering unique student defense services that not all other firms may provide. Find out how we handle cases like yours by submitting your information via our online contact form today or calling our offices at 888-535-3686.
Essential Information About El Paso Independent School District
EPISD is currently the 12th largest school district in Texas. It consists of 80 campuses serving approximately 50,000 students. The EPISD administration office building is located at:
1014 N. Stanton St.
El Paso, TX 79902
At the Lento Law Firm Student Defense Team, our El Paso office is located nearby at:
Wells Fargo Plaza, 221 N. Kansas St - Suite 700
El Paso, TX 79907
This proximity doesn't just make it easy for you to coordinate with us throughout your child's case—it also ensures we're prepared to apply a local's understanding of how these cases proceed. Your child can benefit from having representation from lawyers who understand the Texas Education Code and the way these types of cases often play out at EPISD.
The El Paso Independent School District Student Code of Conduct Addresses DAEP Placements
All independent school districts in Texas must establish student codes of conduct under the Texas Education Code. A district should distribute its most recent code of conduct to students' parents/guardians at the start of the new school year. Along with actively distributing these materials, EPISD makes them available for download online.
Any district in Texas must account for what the law does and doesn't allow when penalizing a student for misconduct. The current EPISD Student Code of Conduct explains the district may consider a DAEP placement for the following general reasons:
- Reasons for mandatory DAEP placement: The Texas Education Code requires placing a student in a DAEP for certain forms of misconduct, including (but not limited to) assault resulting in bodily injury to another on school grounds, engaging in conduct that qualifies as harassment against a school employee, commits certain drug or alcohol crimes on school property, and more. Factors such as a student's age can also influence whether the law requires DAEP placement. For example, if a student is between the ages of six and nine years, mandatory DAEP placement is the correct form of discipline for misconduct that would typically be grounds for expelling an older student.
- Reasons for discretionary DAEP placement: The law also allows EPISD and other school districts to exercise their own discretion regarding DAEP placements in certain types of cases. For example, at EPISD, the district can consider DAEP placement for any offense listed in the General Types of Prohibited Misconduct Section of the EPISD Student Code of Conduct.
An official school district document indicating the district intends to comply with the law when handling DAEP cases doesn't guarantee errors will never be made. For example, EPISD might place a student in its DAEP improperly because errors during the district's case review caused a student to be penalized for a form of misconduct they may not have engaged in.
That's just one example. The main point to understand is that you can't trust that EPISD will handle your child's case properly. Ensure no one violates their rights throughout a pending DAEP placement case by coordinating with our Student Defense Team at the Lento Law Firm.
The DAEP Placement Process at El Paso Independent School District
The EPISD Student Code of Conduct outlines the overall process a DAEP placement may involve. Specific steps are as follows:
- Conference: Misconduct that could lead to a DAEP placement will usually result in a student's removal from class first. The assistant principal of the relevant campus must schedule a conference no more than three days following a student's removal from class. The conference should involve the student, their parent/guardian, and the campus principal. At the conference, the assistant principal will provide the student with an explanation of the allegations and the reason DAEP placement is being considered. The student has an opportunity to tell their version of the story during this conference. If the district has made reasonable attempts to get a student and/or their parent/guardian to attend a conference but has been unsuccessful, EPISD can proceed with a conference (and a disciplinary decision) without either's involvement.
- Interim placement: A student typically can't attend classes at their normal campus while waiting for a DAEP conference. They may attend classes in another appropriate classroom in the interim. The school may also determine whether in-school or out-of-school suspension is necessary.
- Placement order: EPISD may not always move forward with a DAEP placement after a conference. If the district does choose to move forward, it will issue a DAEP placement order. EPISD will send a copy of the order to the student and their parent, guardian, or other such parental figure. The district will also file a copy of the order with the appropriate juvenile court. If a student enrolls in another school, EPISD will provide their prospective new district with information about the DAEP. A student's new district can exercise its own discretion regarding whether to uphold the terms of a DAEP order.
Your child doesn't have to face this process alone. Nor should they. Without proper representation, it's easy for a child to make well-meaning errors (like sharing the wrong information during a conference) that could negatively impact their case's outcome.
You and your child don't have to worry about this when you hire our Student Defense Team at the Lento Law Firm. We'll provide the representation they deserve throughout every stage of the disciplinary process.
How Long Does a DAEP Placement Last at El Paso Independent School District?
The Student Code of Conduct for EPISD indicates the typical maximum length of a DAEP placement is 90 school days. If a proposed DAEP placement would last more than 30 school days, EPISD must conduct a review to confirm the length of the placement is appropriate given the details of a case.
Sometimes, EPISD may issue a DAEP order near the end of the school year. A student may have to complete their DAEP placement at the beginning of the next school year when this happens.
The district can't always require a DAEP placement to extend beyond the end of the current school year. To justify such a placement, the relevant administrator must determine that at least one of the following applies:
- A student would represent a potential threat of physical harm to their fellow students or others if the district allowed them to return to their regular classroom before the end of their DAEP placement.
- A student's misconduct qualifies as “serious or persistent misbehavior” under the policies of the EPISD Student Code of Conduct.
Attorneys with our Student Defense Team at the Lento Law Firm are familiar with the numerous factors that can influence the length of a DAEP placement. Although our goal may be to prevent a DAEP placement altogether, in cases where that's not possible (such as when DAEP placement is mandatory under the law), we'll raise any valid objections if the length of a DAEP term is unreasonable or inappropriate.
Appealing a DAEP Placement Order at El Paso Independent School District
EPISD should notify a student and their parent or guardian about their right to appeal a DAEP removal order. The following tiers represent to whom a parent, guardian, or student may appeal a removal:
- Level 1: Principal/designee hearing officer
- Level 2: Executive Principal
- Level 3: School Leadership Assistant Superintendent or above
That said, it's worth noting that the Assistant Superintendent's decision regarding a DAEP placement is final. In other words, if the Assistant Superintendent was the one who determined a DAEP placement is necessary for your child, you can't appeal their decision.
Act fast if you do wish to file an appeal. You must do so within 10 district business days of receiving the DAEP removal notice.
Appealing a DAEP placement/removal order is another way in which our Student Defense Team at the Lento Law Firm can serve you and your child. We'll review the outcome of a case and determine whether you have sufficient grounds to appeal a decision. If you do, we'll submit evidence or other such materials with your appeal to show why the district should reconsider.
Additional Information About the DAEP at El Paso Independent School District
The following points may address questions you have regarding EPISD's DAEP:
- Restrictions: A student may not participate in or attend school events, school-sponsored activities, extracurricular activities, co-curricular activities, etc., throughout the duration of their DAEP placement term.
- Graduation: A student who's a senior may worry that a DAEP will prevent them from participating in commencement ceremonies if their DAEP term is set to last until the end of the school year. Typically, a student can still participate in commencement and related activities. However, that's not always the case. A DAEP placement order will indicate when a student may not participate in commencement.
- Review: Every 90 calendar days, EPISD must review the status of a student in an extended DAEP placement. This review allows the district, the student, and their parents/guardians to assess their progress. It also gives a student and their parents or guardians the chance to present reasons why EPISD should allow them to return to their regular classroom.
- Transportation: The district usually doesn't provide students with transportation to DAEP sites. Exceptions apply when students have individualized education plans (IEPs) indicating the need for assistance with transportation to the location.
EPISD must provide a transition plan when a student's DAEP placement ends. This plan should provide appropriate parties with relevant information to help ensure a smooth transition back to a traditional campus. It may address such matters as:
- A student's overall progress as a result of a DAEP placement
- Recommendations for teachers, counselors, school peace officers, and others who may be involved in a student's transition
- Any other relevant details
Do you still have questions about your child's DAEP case at EPISD? If so, review your case with a member of our Student Defense Team at the Lento Law Firm. We'd be happy to answer any additional questions you may have.
Contact the Lento Law Firm for Help With Your Child's DAEP Case at El Paso Independent School District
A DAEP placement may not be an expulsion or suspension, but that doesn't mean it can't have significant implications for a student's academic career. It's vital to ensure that students at El Paso Independent School District have a proper defense when they're facing a potential DAEP placement for alleged misconduct.
At the Lento Law Firm's Student Defense Team, serving EPISD students and their families through our El Paso office, we have the experience and resources necessary to defend your child's future. Find out more about your case by calling our offices today at 888-535-3686 or by submitting your information through our online contact form.
