As a parent of a K-12 student in Bryan, TX, few moments are as troubling as learning that your child may be placed in a Disciplinary Alternative Education Program (DAEP). Kids misbehave at times--it's a fact of life. You expect schools to address mistakes and misbehavior appropriately, but when the situation involves allegations of violent or disruptive actions, the consequences can feel overwhelming. DAEP placement, while intended as an alternative to suspension or expulsion, carries its own set of challenges. It's an exclusionary form of punishment that can isolate students, disrupt their learning, and have long-lasting consequences on their educational experience. Worse yet, there are instances where DAEP placement may be imposed unfairly or unnecessarily harshly.
Whether your child attends Branch Elementary, Davila Middle School, or Bryan High School, what's important to know is that you and your child have rights. Schools cannot place a student in DAEP without following due process. You have a right to a hearing in which you can challenge the school's decision, and you have a right to legal counsel. Unfortunately, many local attorneys have an inadequate understanding of Texas education law to be of much help in enforcing your child's rights. That's where the Student Defense Team at the Lento Law Firm steps in to help.
With years of experience defending students across Texas, the attorneys at our Houston-based office are well-versed in the complexities of DAEP cases. We understand the rules that govern schools in Bryan and are committed to ensuring that those rules are applied fairly to your child. Our approach is twofold. Whenever possible, we work proactively to prevent DAEP placement by challenging accusations and presenting evidence in your child's defense. If your child has already been unfairly assigned to a DAEP, we work to have them reinstated so they can continue their education with minimal interruption. Together, we can work to protect your child's right to a fair education and ensure their best opportunities for success. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
Public Schools in Bryan, TX
Bryan Independent School District (Bryan ISD) is the sole public school district for Bryan, TX, and it also serves students in other rural parts of the Brazos Valley. With a history spanning more than 140 years, Bryan ISD today enrolls nearly 16,000 students across 26 schools, including elementary, intermediate, middle, and high schools. Bryan ISD is committed to providing diverse educational opportunities, such as dual language programs at the elementary level and advanced academies in middle schools. The district also offers specialized programs like the International Baccalaureate at Bryan High School and the AP Capstone diploma at Rudder High School. With a student-to-teacher ratio of 13:1 and a focus on equity and innovation, Bryan ISD strives to support academic success and personal growth for all its students.
Overview of DAEP in Texas
Enacted in 1995, the Texas Safe Schools Act has implemented uniform policies for Texas schools aimed at encouraging a safe and productive environment for student learning. These guidelines, now codified in the Texas Education Code, require every public school district to adopt a Student Code of Conduct, among other requirements, outlining behaviors that may lead to various disciplinary responses, such as suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP). State law mandates DAEP placement for certain serious violations, such as violent assault, drug or alcohol incidents, or felony-level conduct. However, for less severe situations, local school officials generally have discretion in determining whether a student should be assigned to DAEP.
School administrators are required to hold a conference with the student and their parents, during which time they explain what occurred and how they reached their decision. Parents also have an opportunity to offer feedback, get clarification, or challenge the decision. In most cases, this conference must be held before the school makes a final decision about DAEP. However, if the child is accused of severe misconduct posing an immediate risk to others or the school, administrators can implement an emergency DAEP placement for the student. Parents must then be informed right away, and a formal conference must take place within ten days to review the incident and placement decision.
Common Behaviors Leading to DAEP Placement in Bryan, TX
The Bryan ISD Student Code of Conduct informs parents and students regarding the disciplinary process, including when DAEP placement must occur or may occur, in accordance with state law. Common infractions that frequently result in DAEP placement include, but are not limited to:
- Drug or Alcohol-Related Offenses: Cases involving possession, use, or distribution of prohibited substances on school grounds.
- Physical Assault: Fights or physical altercations that cause injury to others often result in strong disciplinary measures.
- Threats or Harassment of Staff: Behavior that threatens, intimidates, or disrespects faculty or staff is considered a significant violation.
- Weapons Possession: Bringing weapons like firearms, knives, or any other banned items onto school property is treated with mandatory disciplinary action.
- Criminal Behavior: Acts deemed felonies under Texas law typically lead to automatic DAEP placement.
The Student Code of Conduct also includes language that grants administrators the discretion to impose DAEP placement for any violation of the Code of Conduct--which could potentially open the door for unfair determinations or discriminatory treatment of a student.
Restrictions on DAEP Assignments
Although DAEP is intended as a more constructive alternative to suspension or expulsion, its exclusionary nature often disrupts a student's academic progress and social development. It is also worth noting that certain student groups, such as minorities, are disproportionately assigned to DAEP, raising equity concerns about the process.
To address these issues, the Texas Education Code enforces limitations on DAEP placements to ensure it is used only in response to significant violations. Schools are also required to consider several mitigating factors before finalizing a DAEP decision, including:
- Whether the student acted in self-defense
- If the behavior was intentional
- Past disciplinary records
- The potential influence of a disability on the incident
- Whether the student resides in foster care or protective custody
- If the student is currently experiencing homelessness
Unwarranted DAEP Placements in Bryan, TX
Some students in the Bryan area may be placed in a DAEP under circumstances that feel unfair or unwarranted. For parents, such situations can be both confusing and stressful as they try to understand the school's rationale and defend their child's interests. Below are examples where DAEP placement might not be justified or appropriate:
- Insufficient Evidence: Students may be punished without strong or reliable proof tying them to the alleged misconduct. When an incident is not properly investigated, an innocent child could face undue consequences.
- "Guilt By Association": A student merely being present during an incident may result in a student being wrongfully accused, even if they had no role in the behavior.
- Overly Harsh Punishment: Minor rule violations can sometimes lead to penalties disproportionate to the infraction, possibly stemming from subjective decision-making or bias from school officials.
- Failure to Follow Procedure: Schools must adhere to specific steps when assigning a DAEP placement. If parents are not notified, if evidence is lacking, or if the student isn't given the chance to explain their side, the validity of the placement decision could be called into question.
When a student is assigned to DAEP unjustly, families have the right to seek clear explanations regarding the school's actions. Parents can also contest the placement to safeguard their child's education and well-being. Consulting an experienced education attorney can provide the tools and support needed to ensure that a student is treated fairly during these processes.
Negative Impacts of DAEP Placement in Texas
While DAEPs are designed to provide a disciplinary alternative, they often emphasize maintaining school order over fostering a student's personal or academic development. Unfortunately, this approach can lead to unintended consequences that disrupt a student's education. Below are some of the most significant concerns tied to DAEP placements:
- Reduced Academic Support: Instruction in DAEP programs is often not at the same level as what students would experience in a standard classroom. This gap in educational quality can leave students falling behind academically, making it harder to reintegrate upon their return.
- Harmful Stigma: Being assigned to a DAEP can attach a lasting negative label to a student. Even for minor infractions, the stigma may lead to feelings of exclusion, which in turn could increase the likelihood of further problematic behavior.
- Attendance Issues: Transportation to DAEP settings can be inconsistent or unavailable altogether, resulting in missed school days that disrupt the student's learning and exacerbate disengagement.
- Disparity Among Groups: Certain student populations, such as African American students or those with special education needs, often face DAEP placement at higher rates. These disparities raise significant questions about fairness in the disciplinary system.
- Recurring Placements: For some students, one DAEP placement may begin a cycle of repeated assignments, creating an ongoing instability that negatively impacts their grades and education overall.
- Higher Dropout Risk: Students placed in DAEP are far more likely to leave school altogether. This risk is especially pronounced among younger students, such as those in middle school, and can hinder long-term opportunities for success.
The Lento Law Firm Protects Your Child's Rights
When your K-12 student is facing possible placement in a DAEP in Bryan, the consequences can go far beyond the classroom. This form of punishment can disrupt their learning, harm their confidence, and have long-lasting negative effects. (If the placement occurs in high school, it could even potentially impact your child's college acceptance prospects.) If you believe the school's decision is unfair, it's essential to act quickly to stand up for your child. Having knowledgeable legal representation is critical to ensuring your child's rights are protected, but not all attorneys are familiar with education law, and choosing one without the right experience can jeopardize your case.
At the Lento Law Firm, we understand the challenges families face in these situations. Our Student Defense Team has extensive knowledge of Texas education laws and works with families in Bryan and across the state to defend students' rights. From our Houston office, we provide personalized, dedicated support to help you through the disciplinary process. Here's how we can assist you:
- Reviewing School Policies: We carefully analyze your district's policies and procedures related to DAEP placements. This allows us to identify missteps, violations of school policy, or actions that infringe upon your child's rights.
- Advocating for Fair Solutions: If your child's punishment is overly harsh or inappropriate, we challenge the school's decision and work toward alternative outcomes tailored to your child's education and growth.
- Representation in Disciplinary Hearings: Facing a school disciplinary hearing can feel overwhelming, especially when your child's future is on the line. We provide experienced guidance and representation during these meetings or appeals. When possible, we also engage directly with school administrators or their legal counsel to advocate on your family's behalf.
- Defending Legal Rights: If the school oversteps or violates your child's rights, we take immediate action to hold them accountable. Whether through negotiations or, when necessary, legal proceedings, we work tirelessly to ensure your child receives a fair and just resolution.
Whether your child attends Mitchell Elementary, Rayburn Intermediate School, or MC Harris High School, the Lento Law Firm's Student Defense Team can improve their chances of fair treatment and a resolution of disciplinary issues that helps them rather than harms them. To discuss your case, call us today at 888-535-3686 or complete our contact form to request a consultation.
