Texas DAEP Student Defense – Flower Mound

If you're a parent in Flower Mound, Texas, whose K-12 child is facing placement in a Disciplinary Alternative Education Program (DAEP), you're likely feeling a mix of worry, confusion, and frustration. It's often difficult to balance holding a child accountable for their actions with ensuring they're treated fairly--and even more so when they have been wrongly accused. When kids make mistakes, we expect schools to impose an appropriate response. But what happens when the punishment is excessive or unfair?

In Texas, DAEP is presented as an alternative to suspension or expulsion for students accused of serious misbehavior, particularly if the actions are violent or disruptive. For some situations, a DAEP placement may indeed be necessary. However, it's important to understand that DAEP is an exclusionary form of discipline that removes your child from their usual school environment. This can lead to negative impacts on their academic progress, emotional well-being, and social development--so the choice for DAEP placement is not one that should be taken lightly or made arbitrarily. Unfortunately, some schools cross that line and impose this penalty unfairly.

Whether your child attends Flower Mound High School, McKamy Middle School, or Liberty Elementary, the good news is that you and your child have rights--including the right to due process, the right to have a conference with school authorities before DAEP placement, the right to challenge the decision, and the right to have an attorney help you navigate the process. That said, many local attorneys lack the knowledge of education law required to help you achieve a fair and favorable outcome. At the Lento Law Firm, our Student Defense Team has extensive experience with cases like this, both in Texas and nationwide. The experienced education law attorneys in our Dallas office have helped families just like yours protect their children from unfair or unnecessarily punitive DAEP placements. We thoroughly examine the circumstances of each case, work tirelessly to advocate for your child's rights, and aim to achieve outcomes that prioritize your child's educational opportunities and well-being. To schedule a consultation with us, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form today.

An Overview of DAEP in Texas

Passed in 1995, the Texas Safe Schools Act was introduced to establish statewide rules for managing discipline and ensuring safety in public schools. A key component of this act includes rules for the use of Disciplinary Alternative Education Programs (DAEPs) as a way to address significant student misconduct. Today, this legislation is part of the Texas Education Code, which provides uniform guidelines for handling disruptive behavior.

By law, every school district in Texas is required to adopt a Student Code of Conduct laying out the behaviors that could lead to disciplinary measures, including suspension, expulsion, or placement in a DAEP. State law mandates DAEP referrals for specific infractions, such as incidents involving physical aggression causing harm, drug-related offenses, or actions that qualify as felony-level crimes. These measures are designed to maintain safety within the school environment while managing serious disciplinary issues.

When a DAEP placement or other severe penalty is proposed, parents are invited to a conference with school officials before their child is moved to the program. During this meeting, administrators explain the rationale behind the decision, and families can voice their side of the story. For situations requiring immediate action, such as pressing safety concerns, schools may implement an emergency placement in DAEP. Following such actions, parents must be informed right away, and a review meeting is to be held within 10 days to discuss the placement.

School Districts in Flower Mound, TX

As an unincorporated community straddling two counties (Tarrant County and Denton County), students in Flower Mound may attend one of several public school districts serving different parts of the town, based on location:

• Lewisville Independent School District (LISD): This is the primary district for Flower Mound, operating 62 schools and serving approximately 49,000 students.
• Argyle Independent School District (Argyle ISD): This district includes seven schools and has an enrollment of about 6,200 students.
• Denton Independent School District (Denton ISD): Denton ISD comprises 46 schools and educates over 33,000 students.
• Northwest Independent School District (Northwest ISD): Northwest ISD operates 35 schools with more than 32,000 students enrolled.
• Grapevine-Colleyville Independent School District (GCISD): For areas of Flower Mound located in Tarrant County, GCISD serves the community through 21 schools with a total enrollment of 13,521 students.

These school districts all cover portions of Flower Mound, along with other surrounding communities. Of these schools, about 27 public schools are located within town limits, including three public high schools--two within LISD, and one within Argyle ISD.

Behaviors That Can Lead to DAEP Placement

Schools in Flower Mound follow strict protocols when deciding whether a student should be referred to a DAEP. These procedures are outlined in their district-specific Student Code of Conduct, which is made available to students and parents. These Codes of Conduct detail which offenses require DAEP placement and which are left to the school's discretion.

Common behaviors that can lead to a DAEP referral include the following:

• Physical Assault Causing Injury – Situations where a student intentionally harms another person generally lead to immediate consequences.
• Substance-Related Violations – Possession, usage, distribution, or selling of drugs or alcohol on school property is treated as a serious infraction, often resulting in DAEP placement.
• Possession of Weapons – Bringing dangerous items such as guns, knives, or similar objects to school falls under zero-tolerance policies and typically requires mandatory action.
• Harassment or Threats Toward Staff – Instances of verbal or physical intimidation directed at school personnel are addressed with strict disciplinary measures.
• Felony-Level Offenses – Any action that meets felony crime standards under state law must result in a DAEP referral.

Parents have the right to receive comprehensive explanations when their child is referred to DAEP. Schools usually organize a formal conference to review the evidence, explain their decision, and allow families to provide a defense or challenge the decision. The school district must also provide a mechanism for challenging or appealing a DAEP decision.

Restrictions on DAEP Placement

To ensure DAEP placements are appropriate, schools must adhere to specific guidelines when making these decisions. Minor infractions are not meant to warrant such measures, and decisions should be made using clear, equitable standards. The Texas Education Code also requires administrators to weigh certain mitigating factors before assigning a student to DAEP. These considerations include:

• Whether the student was acting in self-defense.
• The intent behind the student's behavior.
• The student's previous disciplinary record.
• The role any disabilities may have played in the incident.
• Whether the student is in foster care or dealing with homelessness.

When DAEP Placements Are Unjust

Although DAEP is meant for serious misconduct, there are instances where students are placed into these programs unfairly, causing unnecessary stress for both the child and their family. These situations can feel particularly unjust when decisions are made without adequate evidence or context. Examples of inappropriate DAEP assignments include the following:

• Mistaken Identity or False Allegations – A student may be wrongfully disciplined due to misidentification, a lack of evidence, or underlying biases. Implicit prejudices and misunderstandings can lead to unwarranted disciplinary actions.
• Being Present but Not Involved – Sometimes, merely being in the wrong place at the wrong time can result in an unfair DAEP referral because the student had no active role in the situation.
• Disproportionate Punishments – At times, minor rule violations result in overly harsh consequences. These situations often stem from subjective interpretations or preconceived notions, leading to unnecessary educational disruptions.

The Adverse Effects of DAEP in Texas

Although the goal of DAEP is to address behavioral issues while ensuring the student can continue their education, these placements frequently result in negative and unintended consequences. Removing a student from their regular classroom can disrupt their academic routine, isolate them from peers, and create feelings of exclusion. Research indicates that exclusionary punishments like DAEP placement can have significant long-term negative effects, including poorer academic performance and emotional difficulties. An ongoing area of concern is the disproportionate placement of students of color in DAEP, raising important questions about fairness and equity within disciplinary processes.

Some of the specific negative impacts of DAEP placement may include:

• Lower Academic Standards – The quality of teaching in DAEP settings often does not match that of regular classrooms. Students can fall behind in their studies, making it much harder to catch up once they return to their home campus.
• Attendance Challenges – Transportation barriers to alternative facilities can contribute to poor attendance, further disrupting a student's academic routine and progress.
• Unfair Stigmatization – Students are sometimes sent to DAEP for behaviors that, while inappropriate, do not necessitate such harsh punishment. This can unfairly label students, increasing the chances they may feel stigmatized and possibly even drawn down a path toward more serious future offenses.
• Disparities in Referrals – Data shows that certain populations, such as African American students and those in special education, are disproportionately placed in DAEP. This raises serious concerns about biases and inequities in disciplinary decisions.
• Recurring Placements – Many students placed in DAEP often find themselves referred back repeatedly. These repeated disruptions severely impact their ability to maintain consistent academic progress.
• Elevated Dropout Rates – For students placed in DAEP during critical academic years, such as eighth or ninth grade, the likelihood of dropping out increases significantly, jeopardizing their future educational and career opportunities.

Instead of serving as a corrective measure, DAEP placements can intensify a student's academic, social, and emotional difficulties. Families dealing with DAEP referrals must be aware of these risks and advocate for more constructive and fair approaches to ensure the child's educational experience and future opportunities are safeguarded.

How We Help with DAEP Cases in Flower Mound, TX

Facing the possibility of your child being placed in DAEP in Flower Mound can be an incredibly stressful experience. Unfortunately, in some instances, a child's rights may be unintentionally overlooked as schools focus on maintaining disciplinary order. While you have the right to legal counsel in these situations, not all attorneys have experience in complex matters involving education law. This is where the Lento Law Firm can help. Our Student Defense Team has extensive experience handling student discipline cases across Texas and beyond. With our Dallas location just a short distance away, we are deeply familiar with Texas education laws and committed to advocating for students at schools like Wellington Elementary, Argyle High, and others in the Flower Mound area.

Here are some of the ways we assist families with DAEP cases:

• Evaluating School Processes – Our legal team will carefully review your district's policies to ensure all procedures are followed according to Texas laws, and we will work to defend your child's rights in any instance where those rights are violated.
• Fighting for Your Child's Best Interests – We understand that some disciplinary actions may be overly harsh for the behavior in question. If your child's punishment seems disproportionate, we'll work to challenge the decision, advocating for an outcome that preserves their educational opportunities and emotional well-being.
• Guiding Families Through the Process – Navigating disciplinary hearings and appeals can feel intimidating. We're here to help you every step of the way, from preparing for meetings with school officials to presenting a well-supported case. Wherever possible, we'll negotiate with the school or their general counsel to reach a resolution that's in your child's best interest.
• Protecting Legal and Educational Rights – Our main objective is to limit any potential long-term effects on your child's academic record while safeguarding their overall interests. If we find any breach in legal procedures or a lack of proper due process, we're ready to pursue all options, including litigation if necessary.

Don't risk your child's academic and personal future by facing a DAEP placement alone. The Lento Law Firm's Student Defense Team is here to defend against unjust disciplinary actions and strive for an outcome that protects your child's educational future. To learn more about how we can assist or to set up a consultation, call us at 888-535-3686 or fill out our online contact form today.