If you're a parent of a K-12 student in Baytown, Texas, hearing that your child might be placed in a Disciplinary Alternative Education Program (DAEP) can be distressing. Every child makes mistakes, and as parents, we expect schools to handle these situations fairly with the child's well-being in mind. However, when accusations of violent or disruptive behavior arise, schools often resort to sending the child to a DAEP to continue their education away from the normal classroom. While this form of discipline is seen as an alternative to suspension or expulsion, it's still very much an exclusionary form of punishment, which research indicates can negatively affect a child's academic and emotional growth. What's more troubling is that, in some cases, these placements may be unjust or disproportional to the situation, and sometimes schools inadvertently even bypass the student's rights to due process.
Whether your child is facing disciplinary action at Robert E. Lee High School, Horace Mann Junior High, or Alamo Elementary, your child and you do have rights in these circumstances. These include the right to confer with school authorities before any decision about DAEP placement is finalized, the right to challenge the decision, and the right to hire legal counsel to help you. However, your choice of attorney matters more than you think: many local attorneys, while competent, may lack a sufficient understanding of Texas education law to be of much help.
If you and your child are in this situation, know that you have options. The Student Defense Team at the Lento Law Firm has many years of proven nationwide experience navigating cases like yours, and the education law attorneys in our Houston offices have extensive knowledge of the laws pertaining to your situation, Whether we're working to prevent a DAEP placement or challenging an unfair administrative decision, our goal is to ensure that your child's rights and educational opportunities are safeguarded. We'll guide you through the hearing procedures, help present a strong defense for your child, and advocate for a resolution that is both fair and in the best interest of your family. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or complete our online contact form.
Understanding Texas DAEP
Texas schools adhere to disciplinary guidelines established by the Texas Safe Schools Act, which was passed in 1995 to set uniform standards for creating secure and orderly learning environments by addressing student discipline systematically. Under this framework, now embodied in the Texas Education Code, each school district is required to develop a Student Code of Conduct, which outlines behaviors that could lead to disciplinary measures such as suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP).
DAEP serves as an alternative to expulsion, providing students who face serious disciplinary issues an opportunity to continue their education in a different setting. Certain behaviors, as dictated by state law, result in mandatory DAEP placement--for example, acts of bodily injury during an assault, drug-related offenses, or any conduct classified as a felony under Texas law. Schools may also recommend DAEP placement for other misbehaviors on a case-by-case basis as detailed in their Student Code of Conduct.
Before a student is assigned to DAEP, parents are offered a chance to attend a conference where school officials explain the reasons for the action. This meeting allows families to share their side of the story and advocate for their child. However, in cases of urgent safety concerns or significant disruption, Texas law allows for an emergency temporary removal to DAEP. When this occurs, parents must be notified immediately, with a follow-up meeting scheduled within ten days to revisit the decision and discuss next steps.
Public Schools in Baytown, TX
Baytown, TX, is served by the Goose Creek Consolidated Independent School District (GCCISD), a larger district enrolling over 24,000 students across Baytown, Highlands, and surrounding areas, covering approximately 134 square miles. The district operates 34 schools, including six high schools, six junior schools, 16 elementary schools, an early learning academy, an alternative school, and a virtual school for grades 4-12. With a strong focus on education and community, GCCISD is the largest employer in the area, providing over 4,000 jobs.
Types of Offenses That May Lead to a DAEP Referral in Baytown, TX
Public schools in Baytown follow specific rules regarding DAEP referrals, as outlined in the Goose Creek CISD Student Code of Conduct. This includes listing offenses that call for mandatory DAEP placement by state law, as well as offenses that may result in DAEP placement at the school's discretion (typically any Level III or Level IV offense). Some of the more common offenses include:
- Assault resulting in physical harm: Any incident involving intentional physical injury to another can lead to immediate action.
- Drug or alcohol-related issues: Possessing, using, selling, or distributing drugs or alcohol is taken as a serious violation.
- Possession of dangerous weapons: Students found with items like firearms, knives, or other harmful objects on campus face mandatory assignment under state law.
- Harassment of staff members: Threatening or intimidating teachers or other school officials is treated as a major infraction.
- Any action punishable as a felony.
When a student is referred for DAEP, it is critical that both students and parents are informed of the reasons behind this decision. Families are typically given the chance to attend a conference to address the allegations, provide their input, and advocate for a fair resolution.
Rules and Restrictions Regarding DAEP Placement
While DAEP is designed to address serious disciplinary concerns, it can also have negative repercussions. By removing students from the traditional classroom setting, it often isolates them from peers and interrupts their academic and social development. Exclusionary disciplinary measures like DAEP can have lasting negative impacts on students. Even more troubling is the evidence that students of color are disproportionately assigned to DAEP, highlighting systemic inequities in the education system. For this reason, DAEP placements are not intended for minor rule violations, and decisions to use it must be based on clear and equitable guidelines.
Under the Texas Education Code, administrators are also required to consider specific mitigating factors before deciding on DAEP placement. These considerations include:
- Whether the student acted in self-defense.
- The intent behind the behavior in question.
- The student's prior disciplinary record.
- Any disability that may have impacted the student's ability to understand their actions.
- Whether the student is under protective services or experiencing homelessness.
When DAEP Is Imposed Unfairly
Although DAEP is intended to address serious misconduct, there are times when students are placed in these programs unfairly. Such situations can be deeply upsetting for families, who often feel powerless to challenge questionable decisions. Some of the most common examples of unfair DAEP placement include the following scenarios:
- False Accusations: Instances of mistaken identity or insufficient evidence can lead to innocent students being punished. Misunderstandings or biases sometimes contribute to false allegations, resulting in unwarranted consequences.
- Being in the Wrong Place at the Wrong Time: Merely being near an incident can lead to a student facing punishment, even if they had no involvement. Often, these students are treated as if they participated in the act.
- Disproportionate Punishment for Minor Offenses: At times, DAEP placement may be imposed for less severe infractions, disproportionate to the behavior in question. This can happen when biases from school authorities influence decisions, causing undue disruptions and emotional harm to the child.
Unfair placements not only hurt the student but also undermine the purpose of DAEP as a disciplinary measure. Families faced with such situations have the right to challenge these decisions and seek fair outcomes for their child.
The Negative Impact of DAEP in Texas
While DAEPs are intended to address disciplinary matters and provide students with continued access to education, their implementation often leads to unexpected drawbacks that can overshadow potential benefits. These challenges include the following:
- Reduced Educational Quality: The academic standards in DAEP settings are often not on par with those of traditional schools. Students typically fall behind during their DAEP placement, which lasts about two months on average. This can create significant barriers when they transition back to their regular school.
- Higher Dropout Rates: Students placed in these programs, particularly during critical years like eighth or ninth grade, face an increased risk of leaving school before graduation. This places their long-term opportunities in jeopardy and can have lasting consequences on their future.
- Attendance Issues: Transportation to DAEP facilities is frequently inadequate, resulting in missed school days and further disruptions to a student's education.
- Stigmatizing Students: While many criminal behaviors will trigger DAEP placement, not all such offenses rise to the level of a crime. Nevertheless, DAEP can unfairly label students, causing them to feel stigmatized and potentially increasing the likelihood of future disciplinary troubles.
- Disparities in Disciplinary Actions: Data reveal that marginalized groups, such as African American students and those in special education, are disproportionately sent to DAEPs. This highlights significant equity concerns regarding the application of disciplinary measures.
- Repeat Referrals: Once the cycle of discipline begins, some students find themselves referred to DAEP multiple times, resulting in repeated interruptions to their academic progress and limiting their ability to keep up with peers.
Instead of giving students the support they need, DAEP placements too often lead to setbacks in their academic, emotional, and social development. If your child is at risk of being placed in a DAEP, it's essential to be aware of these potential impacts and to advocate for decisions that prioritize their well-being and success.
How the Lento Law Firm Can Help
Facing the possibility of your child being placed in a DAEP in Baytown can feel overwhelming and emotional. It's a situation no parent wants to face, and navigating such challenges can be confusing and stressful. You shouldn't have to tackle it alone, especially since not every attorney is equipped to handle the intricacies of student disciplinary cases. At the Lento Law Firm, our Student Defense Team brings extensive experience and a deep understanding of Texas education laws to help families like yours. With one of our offices conveniently located in Houston, TX, we are committed to protecting students' rights and advocating for their future. Here's how we can support you:
- Policy Analysis to Ensure Compliance: Schools are required to adhere to strict protocols when assigning students to DAEP. Our team will carefully review your child's district's disciplinary policies to ensure proper procedures were followed and that your child's rights were not violated.
- Advocating for Fair Outcomes: If the punishment seems out of proportion to the alleged misconduct, we'll challenge it. Our priority is to ensure your child is treated fairly, with an outcome that respects their educational needs and overall well-being.
- Support During Disciplinary Conferences: Preparing for and attending disciplinary conferences can be intimidating. We'll guide you through this process from start to finish, offering strategic advice and helping you present your case effectively. Whenever appropriate, we'll work directly with school staff and/or their general counsel to negotiate a resolution that benefits your child.
- Defending Your Child's Rights: Above all, we stand firm in protecting your child's legal, academic, and emotional well-being, striving to prevent long-term harm to their education or mental health.
The thought of your child being referred to a DAEP can feel devastating, but remember that you and your child have rights. The Student Defense Team at the Lento Law Firm is here to provide the experienced advocacy and compassionate guidance you need during this challenging time. We can work with you to improve your child's chances of avoiding DAEP placement and finding a better solution that safeguards their future.
Take the first step toward safeguarding your child's education and rights. Call the Lento Law Firm today at 888-535-3686 or fill out our online contact form to schedule a consultation.
