Texas DAEP Student Defense - Richardson

As a parent in Richardson, Texas, it's natural to feel concerned when your school-aged child makes a mistake or finds themselves accused of wrongdoing at school. Children aren't perfect—they make errors in judgment as part of growing up. In a perfect world, schools would always respond to these situations with proportionate and constructive measures, helping students learn and grow from their mistakes. However, when a K-12 school alleges that a child's behavior has been violently disruptive or severely inappropriate, the response may be far more consequential. One of the measures schools can take is placing students in a Disciplinary Alternative Education Program (DAEP).

While DAEP is intended as an alternative to suspension or expulsion, it is a harsh and often exclusionary form of discipline. Your child will be removed from their regular school environment, separated from friends, and placed in a setting that can feel isolating and stigmatizing. For some students, this can disrupt their academic progress and have a lasting impact on their educational and psychological experience. Worse still, DAEP placement isn't always applied fairly. Misunderstandings, misinterpretations, or even overly arbitrary disciplinary decisions can lead to students being sent to DAEP unnecessarily or without due cause.

Regardless of the particular policies of your child's school, Texas educational law places guardrails on how schools can impose discipline. Every student is entitled to due process, which includes the opportunity to respond to allegations and present their side of the story before facing such significant consequences. As a parent, you have the right to understand the process and challenge decisions that unfairly harm your child. You also have the right to retain legal counsel. But there is a caveat: most law firms don't focus heavily on educational law, so many local attorneys may not know how to help defend your child effectively.

At the Lento Law Firm, our Student Defense Team has extensive experience assisting families like yours, both nationwide and across Texas. The attorneys in our Dallas, TX, have a strong working knowledge of Texas laws regarding K-12 schools, and we will work on your student's behalf to resolve this issue with your school, whether we're working to avoid an unnecessary DAEP placement or advocating for your child's reinstatement into their classroom after an unfair decision. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or complete our online form.

What Is DAEP in Texas?

Texas schools operate under a structured set of rules regarding discipline stemming from the Texas Safe Schools Act. This legislation, incorporated into the state's Education Code, aims to ensure a safe and orderly learning environment for all students. School districts are required to establish a Student Code of Conduct detailing specific behaviors and circumstances that could lead to disciplinary actions. These actions may include suspension, expulsion, or assignment to a Disciplinary Alternative Education Program (DAEP).

DAEPs serve as an alternative to expulsion, enabling students to continue their education while also addressing the behavioral offense. Texas law requires DAEP placement for certain offenses, such as assaults causing injury, drug- or alcohol-related misconduct, or acts punishable as felonies.

The amount of time a student spends in DAEP can vary depending on the situation and the decisions of school officials. While placement is often brief, it may extend for weeks or even months, depending on circumstances and district guidelines. Before a child is assigned to DAEP, schools are required to give the parents an opportunity to meet in a conference to explain the decision, present their reasoning, and provide an opportunity for the family to respond. However, in urgent cases where a student's behavior significantly disrupts the school setting, state law allows for immediate emergency placement of the student into a DAEP. When this happens, the school must immediately notify the parents and schedule a conference within 10 days of the incident to discuss the matter further.

Public School Districts in Richardson, TX

Richardson, TX, an inner suburb of Dallas, straddles Dallas County and Collin County. As a result, it is served by two different public school districts, each with its own policies, programs, and educational offerings tailored to the needs of its students and families:

Richardson Independent School District (RISD) serves the southern two-thirds of Richardson, which is located within Dallas County. It operates 55 schools, including high schools, and serves approximately 37,000 students. The district is well-regarded for its advanced placement programs and a broad array of extracurricular activities that support student development.

Plano Independent School District (PISD) covers the northern third of Richardson within Collin County. With 73 campuses, including elementary, middle, and high schools and specialized academies, PISD accommodates around 53,000 students. The district emphasizes gifted education, technology-based learning, and college readiness, offering numerous programs tailored to academic excellence.

Owing to Richardson's location within the zoning, both RISD and PISD serve large areas outside the city limits. (Most of RISD lies within Dallas city limits, for example.) Both districts have established Student Codes of Conduct that reflect the disciplinary requirements of the Safe Schools Act, including criteria for placement in a DAEP.

Types of Offenses that May Trigger a DAEP Referral

Every Texas school district publishes a Student Code of Conduct that details, among other things, how and when a student may be referred to a DAEP. These rules are provided to parents and students to maintain clarity and fairness in disciplinary actions. While specifics may vary between districts, there are common behaviors that generally result in mandatory DAEP referrals. Examples of these include:

• Causing bodily harm through assault: A physical attack that injures someone else often results in immediate action.
• Drug or alcohol offenses: This includes possession, usage, distribution, or sale of drugs or alcohol on school premises.
• Possessing weapons: Bringing prohibited items like firearms, knives, or other dangerous objects to school is grounds for mandatory referral under state law.
• Targeting school staff with harassment: Threats, intimidation, or other inappropriate actions against teachers or staff members are taken very seriously.
• Any misbehavior is classified as a felony offense in Texas.

Disadvantages of DAEP Placement

Although DAEP is intended as an alternative to suspension or expulsion, its exclusionary nature—separating children from their usual peers and learning environment—can negatively affect a student's academic and social progress, according to current research. Unfortunately, studies also show that DAEP is disproportionately applied to students of color, frequently resulting in inequitable disciplinary outcomes. The Texas Education Code tries to address these issues by instructing schools to limit DAEP referrals to serious infractions--and while schools have a measure of discretion in determining whether DAEP placement is necessary, those decisions should be made arbitrarily.

State law also requires school districts to consider specific mitigating factors before assigning a student to DAEP. Administrators must evaluate circumstances such as the following before making their decision:

• Whether the student acted in self-defense
• The intent (or lack thereof) behind the conduct
• The student's record of past behavior
• If the student has a disability that could influence their understanding of the misconduct
• Whether the student is under the custody of protective services
• Any current homelessness experienced by the student

Careful adherence to these guidelines can significantly influence outcomes for a student facing DAEP placement. However, even with these safeguards in place, school authorities can make mistakes and errors in judgment. If your child is in this position, you have the right to engage legal counsel to help address the situation, ensure fair treatment, and protect your child's future.

When DAEP Placements Cross the Line

There are numerous instances where Richardson students end up being placed in a DAEP unfairly. These situations can be incredibly upsetting for families as they try to make sense of the decision and advocate for their children. Below are some common circumstances in which a DAEP placement might be unjustified:

• False accusations: Miscommunication or inaccurate information can lead to a student being held responsible for actions they did not commit. Without solid evidence or biased judgments, innocent students may face undeserved disciplinary measures.
• Proximity to the incident: Sometimes, a student can be implicated in a serious offense simply by being in the wrong place at the wrong time, causing them to be unfairly deemed guilty by association.
• Punishment that doesn't fit the offense: There are cases where the consequences handed down are overly harsh compared to the severity of the behavior. If a teacher or administrator has a preexisting bias against the student, for example, they may lean toward referring the student to DAEP even though the offense might be considered "borderline" at best.
• Procedural mistakes: Schools are required to follow specific steps when assigning a DAEP placement. If these procedures—such as proper notification, sufficient evidence collection, or giving the student a chance to respond—are not followed, the placement could be considered invalid.

The Negative Impact of DAEPs in Texas

While DAEPs are designed to provide structure for addressing misconduct, being placed in such programs often has more disadvantages than benefits. Here are some of the significant concerns tied to DAEP placements:

• Lower-quality education: Academic instruction in DAEPs often doesn't match the standard of the traditional classroom, leaving many students struggling to regain their footing after returning.
• Challenges with attendance: Transportation to DAEP campuses is frequently inadequate, leading to missed days and further disruption to a student's education.
• Overreach in discipline: Not all actions leading to DAEP placements are criminal, yet students may feel labeled unfairly for minor infractions that could have been handled constructively through some other means.
• Racial/Ethnic disparities: Research highlights that African American students and those enrolled in special education are disproportionately assigned to DAEPs, raising concerns about equity and fairness within the system.
• Repeated placements: A significant number of students return to DAEPs multiple times, making it harder for them to make academic progress and increasing their risk of being held back in school.
• Higher dropout rates: Middle school and early high school students who are placed in DAEPs face a greater risk of dropping out entirely, jeopardizing their future opportunities.
• Connection to the justice system: Studies show a troubling link between DAEP placements and eventual interaction with juvenile justice, paving the way for long-term negative consequences.

Instead of resolving issues, DAEP placements often undermine a student's academic, emotional, and social development. Understanding the potential impacts is vital for families advocating for their child's best interests when faced with disciplinary challenges. Protecting your child's education and future should always be the top priority.

The Lento Law Firm: Your Child's Advocate in Richardson, TX

When your K-12 student is at risk of being placed in a DAEP in Richardson, there's more at stake for your child than just being penalized; alternative placement can have a long-term negative impact on your child's trajectory, which makes it all the more important to protect their rights if they're being unfairly accused or disciplined. While hiring a local attorney to help might seem like the logical step, many lawyers lack the necessary understanding of student disciplinary matters, which can hamper efforts to achieve a favorable resolution.

The Student Defense Team at the Lento Law Firm has a proven track record in handling these situations, both in Texas and across the nation. With a nearby office in Dallas, our attorneys are especially well-versed in Texas education laws to ensure your child is treated fairly at every stage. Here's how we can assist you:

• Examining school policies: Schools must follow specific procedures when assigning a student to DAEP. Our team will thoroughly evaluate the disciplinary guidelines of your school district to pinpoint any errors or violations, ensuring your child's rights remain intact.
• Pursuing equitable outcomes: If the consequences seem disproportionate to the alleged misconduct, we will help you challenge the school's decision. Our goal is to achieve a result that supports your child's educational and emotional well-being.
• Assistance with disciplinary conferences: Preparing for conferences or appeals can be overwhelming for families. We'll guide you through this process, offering sound legal advice to help you stand up against unjust treatment. When allowed, our attorneys can also negotiate directly with school leaders or the school district's general counsel's office to craft a resolution that truly serves your child's best interests.
• Upholding your child's rights: If your child's rights have been violated, we'll work to uphold those rights and make sure the school follows the law. In rare cases when the school commits a blatant violation and negotiations fall short, we can also help you explore litigation options.

Whether your child attends Richardson High School, Apollo Junior High, Dover Elementary, or any other school in the Richardson area, the Lento Law Firm's Student Defense Team can help protect your child's rights and work toward a favorable resolution when your child is under threat of DAEP placement. Call us today at 888-535-3686 or fill out our convenient online contact form.