Under the Texas Education Code, every independent school district in the state must establish a disciplinary alternative education program (DAEP) as an option to consider when a student's misconduct doesn't necessarily require expulsion or suspension. Technically, a DAEP lets a student continue their education and proceed toward graduation while the district addresses their misconduct in a proper environment.
However, there are potential drawbacks to placing a student in a DAEP. The education they receive there might not match the quality of the education the district offers at its traditional campuses. Research has also demonstrated a link between DAEP placement and poor long-term academic outcomes. There's good reason to believe DAEP placement can substantially disadvantage a student in ways that may follow them for years.
Is your child involved in a pending DAEP placement case at Fort Worth Independent School District (aka Fort Worth ISD)? Review your case with a member of our Student Defense Team at the Lento Law Firm if so. From our Dallas office, we gladly serve the needs of Fort Worth ISD students facing potential DAEP placements. Learn more about what we can do for you and your child now by submitting your information through our online contact form or calling our offices at 888-535-3686.
Essential Information About Fort Worth Independent School District
Fort Worth ISD serves approximately 74,850 students. In total, it operates 144 campuses across the region. The main administration building for Fort Worth ISD is located at:
7060 Camp Bowie Blvd
Fort Worth, TX 76116
The Dallas office of our Lento Law Firm Student Defense Team is in the area at:
325 N. St. Paul Street, Ste. Lento Firm 3100
Dallas, TX 75201
Being based in the area offers our team insights into the way these types of cases play out in our part of the state. Our proximity also ensures we're able to provide you with convenient and reliable service.
The Fort Worth ISD Student Code of Conduct Addresses DAEP Placements
All independent school districts in Texas must establish official student codes of conduct. At the start of a new academic year, a district should distribute its updated code of conduct to students and/or their parents/guardians. You may access the current Fort Worth ISD Student Code of Conduct via the district website.
The Student Code of Conduct addresses DAEP placements in the section covering disciplinary matters. It states the following regarding the DAEP placement process at Fort Worth ISD:
- DAEP placement authority: The district's Student Discipline and Placement Department and its administrators are responsible for determining whether students should be placed in the DAEP. A hearing officer is usually the individual party who makes a determination regarding whether a DAEP placement is necessary during a disciplinary conference.
- Disciplinary conference: A student facing DAEP placement has the opportunity to hear the allegations against them and present their side of the story during a disciplinary conference. Their parent/guardian should also attend this conference. It's vital for students to be aware that they may hire representation so that someone can speak on their behalf at this stage as well. The district can also represent itself via counsel, so hiring a lawyer levels the playing field for a student.
Unless doing so is impossible or impractical, the district will schedule a disciplinary conference no later than three school business days following the removal of a student from class. Attending the conference is very important. If the district makes repeated valid attempts to get a student to attend but is ultimately unsuccessful in doing so, the district can proceed without a student's involvement.
This deprives a student of the chance to respond to the allegations against them. Don't let this happen to your child.
If you learn they've been removed from class because the district is considering placing them in a DAEP, make sure they (and, ideally, you) are prepared to attend. Before the conference, get in touch with our Student Defense Team at the Lento Law Firm to find out how your child can benefit from our services.
Policies and Procedures for the DAEP Conference at Fort Worth Independent School District
Per the district's own Student Code of Conduct, Fort Worth ISD's representatives must follow these procedures during a DAEP conference with a student:
- Providing the student with information regarding the nature of the alleged misconduct
- Allowing a student to explain their version of the incident
- Allowing the student to have representation from another adult or legal counsel
- Allowing witnesses or other relevant parties to introduce written statements
- There's no need to observe formal rules of evidence, as each party will have the chance to develop an argument and present evidence as necessary
- Ensuring the hearing officer remains impartial
- Ensuring the hearing officer properly assists all parties involved in the case to present sufficient information to provide for a thorough account of the incident
- Ensuring the hearing officer renders a final decision based on an impartial review of the credible facts in the case
- Preserving the right of the Student Discipline and Placement Department to determine the level of an offense and adjust a DAEP placement term accordingly
Further down, this overview will provide information about appealing the district's decision if it elects to place your child in the DAEP after a conference. However, the policies also state that a student placed in DAEP must enroll in the program accordingly, even if they plan to file an appeal. While waiting for the results of an appeal, proceed as if your child is going to participate in DAEP.
Also, be aware that the district may not always follow its own policies. There are various ways in which a district or its representatives could violate its policies (whether intentionally or unintentionally) during a conference. Simply failing to provide a truly thorough and accurate description of the allegations could represent a violation that unfairly disadvantages your child for the rest of the conference.
That doesn't need to happen. At the Lento Law Firm, attorneys with our Student Defense Team will speak up on your child's behalf when it appears Fort Worth ISD may be violating their due process rights.
Reasons for a DAEP Placement at Fort Worth Independent School District
Reasons Fort Worth ISD may place a student in its DAEP belong to one of these two categories:
- Mandatory reasons
- Discretionary reasons
In some cases, the law states that a school district must place a student in a DAEP if they engage in certain violations. Examples of misconduct that may require DAEP removal range from using or possessing cannabis in non-felony quantities to engaging in public lewdness.
The law also states there are certain types of violations for which a district can exercise its discretion when determining whether to place a student in a DAEP. Generally, these consist of offenses that would prompt a district to evaluate whether a student represents a danger to others in a traditional campus setting.
While the law may define when a district should and shouldn't consider DAEP placement, there are numerous potential scenarios in which a district could be at risk of making the wrong decision. For example, the district might mischaracterize the nature of a student's misconduct so that DAEP removal is on the table as a disciplinary option when it shouldn't be. Or, the district may even choose to send a student to its DAEP when there isn't sufficient evidence to show they've committed a violation.
Those are just two examples indicating the importance of proper representation during a DAEP case. Our Student Defense Team at the Lento Law Firm will ensure the district doesn't allow errors or policy violations to result in an unfair or unwarranted DAEP removal for your child.
Mitigating Factors in a Fort Worth Independent School District DAEP Case
The Texas Education Code requires all districts to account for the following mitigating factors when they potentially apply to DAEP cases:
- Self-defense
- Whether a student intended to violate the rules
- A student's overall disciplinary history
- Whether a disability substantially impairs a student's ability to appreciate that an act was wrong
- Whether a student is in foster care
- Whether a student is homeless
At the Lento Law Firm Student Defense Team, we'll naturally ensure Fort Worth ISD properly accounts for these factors if they apply to your child's case. We'll also identify any case-specific mitigating factors that might influence the district's decision.
How Long Does a DAEP Placement Last at Fort Worth Independent School District?
The Fort Worth ISD Student Code of Conduct indicates hearing officers, and other such decision-makers should consider every potential DAEP placement on a case-by-case basis. Even if the district opts to move forward with a DAEP removal, representatives must still consider various factors when deciding how long a placement should last.
These factors include:
- The degree to which a student represents a danger to others if permitted to attend regular classes
- The severity of the danger to others if a student attends regular classes
- A student's age and grade level
- What the law says about DAEP term lengths
- Whether the student is involved in frequent misconduct issues
- A student's overall demeanor
- The extent to which it's likely a student's presence will disrupt the learning environment for other students
Naturally, there's room for interpretation when considering these factors. It can be difficult to say with confidence that a district is being fair when it accounts for a subjective factor like a student's “demeanor” throughout disciplinary proceedings. We will make sure to voice our concerns if we ever find the district appears to be departing from its own policies and the applicable laws when handling your child's case.
The maximum length for most initial DAEP placements at Fort Worth ISD is 45 school days. Sometimes, however, a DAEP term will extend beyond 45 days or into the next grading period. In these circumstances, at the end of the 45-day period or the current grading period (whichever is sooner), a student and/or their parent/guardian can participate in a district proceeding to argue for ending the DAEP placement and allowing a student to return to their home campus.
The length of a DAEP placement can significantly affect how the experience influences a student's overall educational career. An unreasonably long placement could make it more difficult for a student to transition back to normal classes at the end of their DAEP term. Lawyers with our Lento Law Firm Student Defense Team will consider this when working on your child's defense strategy.
Appealing a DAEP Placement at Fort Worth Independent School District
When a conference results in the decision to enforce a DAEP removal, the district will issue a notification informing the student and their parent (or other parental figure) of its decision. Review this notification carefully. In some cases, depending on the level of misconduct a student is accused of, students and parents can submit written requests to appeal DAEP removals.
This isn't always an option. If an appeal is allowed, the district will schedule a proceeding to be held no more than 10 business days following receipt of an appeal request. We'll help you determine if an appeal is justified, and we'll help you make a persuasive argument during an appeal proceeding if the district offers this option.
Contact the Lento Law Firm for Help With a DAEP Case at Fort Worth Independent School District
Attorneys who specifically handle student defense cases can assist you and your child in many potential ways when Fort Worth ISD is considering placing your child in its DAEP. For example, we can:
- Review the case to ensure your child thoroughly understands the allegations.
- Investigate to gather evidence that may strengthen your child's side of the story.
- Point out issues or weaknesses with the district's case.
- Raise objections if the district appears to violate your child's rights at any stage of the process.
- Present mitigating factors to negotiate a fair outcome.
Those are just some of the benefits of enlisting the help of our Lento Law Firm Student Defense Team. If your child is facing DAEP removal at Fort Worth ISD, find out more about our DAEP defense services by calling us at 888-535-3686 or by submitting your information online.
