Under the Texas Education Code, school districts in the Lone Star State must offer disciplinary alternative education programs (DAEPs). A DAEP is a disciplinary option a school district may consider when a student faces potential suspension or expulsion. Placing a student in a DAEP allows them to continue receiving an education in an environment that's meant to address their disciplinary issues.
Is your child a student at a Fort Bend Independent School District (or simply “Fort Bend ISD”) campus? Are they currently facing potential DAEP placement?
You might assume this is preferable to the alternatives. However, it's important to understand that DAEP placement can involve a range of potential downsides that may have implications for your child's future. For example, placement in a DAEP is associated with a higher-than-average risk of dropping out. A DAEP also may not provide a student with the same quality of education they would receive in a traditional school setting.
Placement in Fort Bend ISD's DAEP isn't a foregone conclusion merely because the district is considering this option. At the Lento Law Firm, our Student Defense Team will defend your child's rights and fight for the best possible outcome in their discipline case. Learn more about what we can do for you and your child now by calling our offices at 888-535-3686 or submitting your information through our online contact form.
Fort Bend Independent School District: Essential Information
As of this writing, Fort Bend ISD consists of 83 campuses:
- 51 elementary schools
- 15 middle schools
- 12 high schools
- 5 specialty schools
The main campus administration building is located at:
16431 Lexington Boulevard
Sugar Land, TX 77479
At the Lento Law Firm, our Houston location is at:
1201 Fannin St, Suite 262
Houston, TX 77002
Our team is in the area. That's the type of local assistance you may prioritize when seeking attorneys to represent your child. At the Lento Law Firm Student Defense Team, we'll apply our understanding of Fort Bend ISD's policies and the overall Texas Education Code to protect your child's rights throughout disciplinary proceedings.
Fort Bend Independent School District Student Code of Conduct
The Texas Education Code establishes that all school districts must establish student codes of conduct, which they distribute to students' parents or guardians at the start of the new school year. You may also access the latest Fort Bend ISD Student Code of Conduct via the district's website.
The Student Code of Conduct provides a breakdown of the disciplinary actions Fort Bend ISD may take depending on the nature of an alleged offense. DAEP placement is an option the district may consider in scenarios ranging from computer misuse to abuse of a volatile chemical.
Per the Texas Education Code, a district can't suspend, expel, or place a student in a DAEP for minor offenses. The punishment should fit the (alleged) misconduct.
Fort Bend ISD's Student Code of Conduct may indicate that its decision-makers strive to comply with the law when deciding what forms of disciplinary action to take against students. However, if a student is unfamiliar with their rights, they might not know when a district's approach to disciplining them is excessive.
That's not something you or your child need to worry about when you hire our Student Defense Team at the Lento Law Firm. If it appears Fort Bend ISD is considering placing your child in a DAEP when doing so might constitute a violation of the Texas Education Code, we're prepared to speak up on your family's behalf.
Due Process and the DAEP at Fort Bend Independent School District
Per the Fort Bend Student Code of Conduct, the district must afford a student “appropriate due process.” In a DAEP case, this involves:
- Due process discipline conference: The district will organize a discipline conference to discuss a student's alleged violation and potential disciplinary actions. When a student is facing DAEP placement, the district must notify the student and their parent/guardian of the conference. The notice should provide information on the specific reason for potential DAEP placement. It should also make clear that a student's parent or guardian can attend the conference with them.
- Additional representation: The district must allow a student to appoint an adult other than their parent or guardian to represent them during a discipline conference. The Student Code of Conduct also indicates the district must provide a student with an opportunity to present evidence during these proceedings.
Attending the disciplinary process is critical. The district can proceed with a conference on its own if it has made “valid attempts to require attendance” and has been unable to convince a student to attend. Should this happen, a student will miss out on the chance to present evidence and share their side of the story. Failure to attend a mandatory disciplinary conference may also incline the district to consider relatively harsh forms of disciplinary action.
Don't assume the district will honor your child's rights when disciplining them. Although it's encouraging that the Student Code of Conduct assures due process, having legal representation is essential to guard against rights violations. Our attorneys at the Lento Law Firm Student Defense Team will make sure Fort Bend ISD treats your child fairly and properly throughout this experience.
Pending DAEP Cases and Interim Placement at Fort Bend Independent School District
Interim placement is possible when a student is facing DAEP placement at Fort Bend ISD. While a student waits for the Department of Student Affairs to render a decision regarding whether to place them in the DAEP, interim placement can involve a maximum of three days of out-of-school suspension.
In-school suspension has no stated time limit. During an in-school suspension, a student may not participate in extracurricular activities or attend other school-related or school-sponsored activities. Another alternative to in-school suspension is placing a child in an alternative classroom where their educational needs should be met.
A student's conduct during this stage can significantly influence the outcome of their case. Engaging in any misconduct or violations will likely boost the odds of the district removing your child from their current school.
This is another reason to enlist the help of qualified legal professionals in these circumstances. We can help you and your child understand how their behavior at this stage can affect their overall academic future. If the term of an interim placement appears to violate your child's rights, we'll take the matter up with the district accordingly.
When a Child May Be Placed in a DAEP at Fort Bend Independent School District
The Fort Bend ISD Student Code of Conduct indicates the district may place a student in a DAEP for certain forms of misconduct. The law specifically states Fort Bend ISD may place a student in a DAEP (or consider more significant forms of disciplinary action) for the following violations:
- Bullying that encourages another student to commit or attempt suicide
- Group bullying that incites violence against another student
- Releasing or threatening to release/share intimate photos, videos, or other such visual content of a minor student or a student over 18 or older who hasn't provided their consent
- Being involved in a public school fraternity, sorority, gang, or other such secret society
- Soliciting others to become involved in a public school fraternity, sorority, gang, or other such secret society
- Being involved in criminal street gang activity
- Criminal mischief, including felonies
- Assault that involves no bodily injury but does involve threat of imminent bodily injury
- Assault via “offensive or provocative physical contact”
The law also states that a district MUST place a student in a DAEP for:
- False alarms, bomb threats, and similar terroristic threats
- Felonies, assaults, and various other relevant crimes and infractions, regardless of whether they occur on or off campus
- Expellable conduct when a student is between the ages of six and nine years
- A federal firearms violation if a student is younger than six years of age
- Any conduct containing the elements of retaliation against any school employee or volunteer, regardless of whether the conduct occurs on or off campus
- Deferred prosecutions
- Being found to have engaged in delinquent conduct by a court or jury
In addition, The Fort Bend ISD Student Code of Conduct indicates the district must place a student in a DAEP when the superintendent or other such designee has a reasonable belief that a student has engaged in one of the forms of misconduct above.
That said, the law also states a district (via its campus behavior coordinator or other such figure) must always account for certain potential mitigating factors if they apply in DAEP cases. Factors the district must account for before placing a student in a DAEP are:
- Whether they were acting in self-defense when engaging in misconduct
- A student's intent or lack of intent when violating the rules
- A student's overall disciplinary history
- Whether a disability impairs a student's ability to understand that their behavior was wrong
- Whether a student has a conservatorship under the Department of Family and Protective Services
- Whether a student is homeless
Our defense strategy could involve presenting any of these mitigating factors if they apply to your child's case. Or, we could argue that the district misclassified your child's offense. For example, perhaps your child faces potential DAEP placement because Fort Bend ISD has determined they've engaged in criminal street gang activity when this isn't an accurate description of their conduct.
Those are just two examples of defenses we may employ when representing your child. The best way to understand how our attorneys at the Lento Law Firm Student Defense Team may handle your child's case is to contact us and review your case sooner rather than later.
What Does DAEP Placement Involve at Fort Bend Independent School District?
The specifics of a DAEP placement at Fort Bend ISD can vary depending on a range of factors. Examples include a student's age, the nature of the infraction, and whether this is the first time the district has had to discipline them.
The following general points may help you get a sense of what a DAEP placement consists of:
- Length of placement: The maximum term for a DAEP placement is one calendar year. However, there are exceptions to this rule. If Fort Bend ISD reviews a student's case and determines they may represent a threat to the safety of other students or school personnel, that student's DAEP placement can exceed one calendar year. The law restricting a DAEP placement to one year may also not apply in cases involving sexual misconduct. In such cases, a longer DAEP placement may be required to ensure a student who engages in sexual misconduct doesn't attend the same campus as their victim. The district must also provide a student's parent/guardian with notice if a student's DAEP is expected to last more than 60 days or extend beyond the end of the next grading period. A parent has the opportunity to participate in a proceeding upon receiving such notice.
- Restrictions: A student cannot participate in school-sponsored or school-related extracurricular activities (or similar co-activities) during a DAEP placement at Fort Bend ISD. They also can't hold any positions within student or school clubs and organizations.
- Placement review: At maximum intervals of 120 days, the campus behavior coordinator or another designee of the district must review a student's placement in the DAEP. One of the purposes of this placement review is to ensure that a student or their parents have a chance to demonstrate why they should return to their home campus based on the progress they've made.
Again, these are just generalities. Meeting with our Student Defense Team at the Lento Law Firm gives you and your child the chance to learn more about the specifics of their case.
Contact the Lento Law Firm for Help With a Fort Bend Independent School District DAEP Case
At the Lento Law Firm Student Defense Team, we offer unique legal services. We're qualified to handle a case like yours because we specifically work with students facing disciplinary action across Texas.
Is your child at risk of DAEP placement at Fort Bend Independent School District? If so, contact our team today by submitting your information online or calling us at 888-535-3686.
