Texas DAEP Student Defense - Pharr

Having a school-aged child in Pharr, TX, you essentially entrust your child's well-being and future to their school every day. We all know kids make mistakes and misbehave, and under normal circumstances, we trust our schools to respond appropriately to restore discipline and order. But what if your child is accused of something more serious--something that could actually disrupt their education? How do you respond, and what are your child's rights?

Texas school administrators often respond to such situations by placing the student in a Disciplinary Alternative Education Program (DAEP) as an alternative to suspension or expulsion. While DAEP is designed to protect the learning environment and maintain safety, it's also an exclusionary form of punishment that removes the student from their regular educational setting. For many children, this separation can hinder academic progress, strain social connections, and lead to lasting negative impacts. Unfortunately, DAEP placements are also sometimes imposed unfairly or without proper justification.

If your K-12 student in Pharr is facing DAEP placement, you should know that Texas education laws give you and your child certain rights, including the right to due process, the right to advocate in your child's defense, the right to challenge unfair disciplinary actions, and the right to an attorney. Unfortunately, many parents and children are unaware of these rights, and even many local attorneys don't always have a clear enough understanding of education law to be of much help.

At the Lento Law Firm, our Student Defense Team understands the complexities of Texas educational law and school disciplinary policies. From our Austin, TX, location, our education law attorneys have helped many children and their parents navigate these difficult situations and resolve disciplinary disputes in a way that protects the child's academic future. Whether your child attends Cesar Chavez Elementary or PSJA North Early College High School, we'll work to make sure due process is followed, advocate for solutions that help your child rather than harm them, and challenge unfair DAEP placements to help get your child back into the proper academic environment quickly. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or complete our contact form.

What is DAEP in Texas, and Why Is It Important?

A Disciplinary Alternative Education Program (DAEP) is a disciplinary measure that removes a student from their usual school environment, placing them in a separate, highly structured setting. It is commonly used as an alternative to suspension or expulsion to allow the student to continue their education, though in a different venue. Established in 1995 through the Texas Safe Schools Act, DAEP rules are codified in the Texas Education Code and follow a uniform framework to manage disciplinary issues within schools. All Texas school districts are required to establish and enforce a Student Code of Conduct, which outlines behaviors warranting disciplinary actions like suspension, expulsion, or referral to a DAEP.

Some infractions automatically trigger a DAEP placement according to state law. These include serious offenses such as physical violence that results in injury, involvement with drugs, or committing certain felony acts. However, in many situations, schools have the discretion to decide whether DAEP is appropriate based on the specific circumstances of a case.

Before a student is placed in DAEP, parents are entitled to attend a conference where school administrators explain the reasoning behind the decision. This discussion allows families to present their views and advocate for their child. However, Texas law also permits emergency DAEP placements in cases where a student's behavior poses an immediate danger or disrupts school functions. If this occurs, schools are required to notify parents promptly and hold a review meeting within 10 days to reassess the need for DAEP placement.

Although DAEP is intended to address significant behavioral concerns, its impact can extend far beyond the intended intervention. Being removed from the regular school environment can interrupt a student's academic progress, isolate them from their peers, and lead to feelings of stigma. These challenges can negatively affect a student's confidence, emotional well-being, and even long-term opportunities.

Unfortunately, some decisions to assign students to DAEP lack proper justification. Misunderstandings, flawed evidence, or overly harsh disciplinary actions can result in unfair placements. For this reason, parents should carefully review whether their child's behavior truly warrants DAEP and ensure the decision aligns with their child's best interests.

School Districts Covering Pharr, TX

The vast majority of the City of Pharr is served by Pharr-San Juan-Alamo Independent School District, a large district teaching about 30,000 students in 40 campuses across the three-city area of Pharr, San Juan, and Alamo. Small portions of the southern part of Pharr are zoned within the smaller Valley View ISD and Hidalgo ISD, enrolling about 4300 and 3500 students, respectively.

What Allegations Can Lead to DAEP Placement?

Schools in Pharr, TX, rely on clear-cut policies to determine when a student's behavior necessitates placement in a Disciplinary Alternative Education Program (DAEP). These rules are laid out in each district's Student Code of Conduct, which is made available to both parents and students. Some of the most common reasons for DAEP referrals include:

• Assault Causing Injury – Instances of intentional aggression resulting in harm to others often prompt swift disciplinary responses.
• Drug or alcohol-related infractions – Being caught using, possessing, distributing, or selling drugs or alcohol on school property is treated as a serious offense that may lead to DAEP placement.
• Carrying weapons or prohibited items – Bringing dangerous objects like firearms, knives, or other hazardous materials to school is typically met with automatic disciplinary action under state laws.
• Threats or harassment directed at school staff – Any intimidating or hostile behaviors, such as threatening or harassing teachers or other staff members, are addressed with strict consequences.
• Felony-level conduct – Behavior that amounts to a felony offense in Texas can trigger mandatory placement in a DAEP as outlined by law.

When a school decides to assign a student to DAEP, it must notify parents of the reasons for this decision. A formal conference is scheduled, giving families an opportunity to review the allegations presented and share their perspective to ensure their child's voice is heard.

The Limits and Challenges of DAEP Placement

Although DAEP is sometimes necessary to address serious misconduct, it can generate several unintended consequences. A consistent body of research indicates that exclusionary practices like DAEP, which remove students from traditional learning environments, can adversely affect both academic performance and emotional well-being. Additionally, there are ongoing concerns regarding the disproportionate number of DAEP placements involving students from marginalized communities, highlighting critical issues of fairness in the disciplinary process.

To reduce these risks, schools must apply consistent and well-founded criteria when considering DAEP as a consequence. Minor infractions should not result in such severe measures, and decisions should always be grounded in reason and fairness.

Under the Texas Education Code, administrators are required to take specific mitigating factors into account before deciding on a DAEP placement. These considerations include:

• Whether the student was acting in self-defense.
• The intent behind the behavior in question.
• The student's disciplinary history.
• Whether any disabilities affected the student's actions.
• If the student is in foster care or experiencing homelessness.

By evaluating these details, schools can ensure that their decisions are not only lawful but also considerate of each student's unique circumstances.

When DAEP Placements Are Unfair

Even though DAEP is reserved for severe disciplinary matters, there are cases where students are assigned unfairly, causing unnecessary stress for both the student and their family. Unjust DAEP placements often arise in situations such as these:

• False Allegations or Mistaken Identity – Misidentifying a student or basing decisions on insufficient evidence can result in unjust punishment. Personal biases or simple misunderstandings can exacerbate these mistakes.
• Being in the Wrong Place at the Wrong Time – Sometimes, students who are merely present during an incident are referred to DAEP despite having no involvement in the situation.
• Disproportionate Disciplinary Actions – Minor rule violations can lead to overly harsh consequences if unfair biases against a student influence the decision, disrupting their education unnecessarily.

The Negative Impacts of DAEP in Texas

While DAEP is intended to address behavioral challenges without entirely disrupting a child's education, it often brings unintended negative effects that hinder a student's overall development. These issues include:

• Decline in Education Quality – The curriculum in alternative education settings often doesn't match the standards of traditional classrooms, leaving students at risk of falling behind academically.
• Higher Dropout Rates – For students placed in DAEP during critical academic periods, such as middle or early high school, the chances of dropping out increase substantially, threatening their future opportunities.
• Harmful Labeling – Placement in DAEP can cause a student to feel alienated and stigmatized, potentially steering them toward destructive behaviors rather than fostering positive change.
• Disparities in Treatment – Students from marginalized communities, including students of color and those in special education programs, tend to be disproportionately referred to DAEP, raising important concerns about fairness and equality.
• Repeated Placements – A significant number of students placed in DAEP end up there multiple times, further disrupting their studies and increasing the likelihood of setbacks in their academic progress.

How We Assist Families Dealing with DAEP Issues in Pharr, TX

The thought of your child being placed in a DAEP in Pharr can be overwhelming, leaving you uncertain about how to safeguard their educational future. While it's your right to retain legal counsel, not just any attorney will have the experience and legal knowledge necessary to protect your child's rights within the education system. It's important to work with an attorney who understands the specific nuances of both student disciplinary matters and Texas education law. This is where the Lento Law Firm can make a difference.

Our experienced Student Defense Team, with a proven track record in Texas and across the country, is ready to defend your child's rights and help you find a more favorable resolution. With our nearest office based in Austin, TX, we have in-depth knowledge of Texas school law and are fully committed to protecting your child's educational future. Here's how we can provide support:

• Evaluating School Protocols – Schools are required to adhere to established protocols when recommending DAEP placement. We meticulously review your school district's policies and ensure that the process was lawful and that your child's rights were respected.
• Advocating for Proper Outcomes – Disciplinary actions should align with the facts of the case. If the punishment appears excessive or unwarranted, we'll work closely with you to contest it and aim for a resolution that better supports your child's success.
• Navigating the Legal Process – Facing disciplinary meetings or appeals can be intimidating. Our team provides thorough preparation, step-by-step guidance, and support during these proceedings. When permitted, we also negotiate directly with school officials to propose fair outcomes that prioritize your child's needs.
• Exploring Legal Action – If a school blatantly fails to follow the law or denies your child due process, we're prepared to explore all legal options, including litigation, when necessary.

Whether your child is enrolled at Pharr elementary schools, middle schools, or high schools, it's vital to remember that they have the right to due process and that you can contest unfair disciplinary actions. You are entitled to a DAEP hearing, and you don't have to face this process alone. The Lento Law Firm's Student Defense Team is here to help improve your child's chances of a resolution that safeguards their academic future. Contact us today at 888-535-3686 or fill out our form to schedule your consultation.