Texas DAEP Student Defense - Round Rock

When your child faces a serious issue at school, it can feel as though everything has been thrown into chaos. Sending your K-12 student to school in Round Rock, TX, involves a level of trust in the institution to guide and discipline them fairly. Mistakes are a natural part of growing up, and as parents, we rely on schools to respond to these situations with balanced and just actions. But if your child is accused of violent or highly disruptive behavior, the school might decide to assign them to a Disciplinary Alternative Education Program (DAEP). While DAEP may be necessary in some extreme situations, this type of punishment can also have a negative impact on your child's academic and personal development. When school authorities impose this penalty unnecessarily or without due process, what can you do to protect your child's rights--and, just as importantly, their future?

During times like this, you should know that you and your child have rights, including the right to a thorough hearing and the right to retain legal counsel. A DAEP placement should not be accepted without confirming that the decision is reasonable, aligned with school district rules, and supported by fair procedures. However, many local attorneys don't necessarily have the background in education law needed to effectively challenge these decisions.

At the Lento Law Firm, our Student Defense Team understands the complexities of the disciplinary process in Round Rock schools. Although we support families nationwide, our Austin-based attorneys possess deep experience with the Texas Education Code and local school policies. We will work to protect your student's rights and to minimize unfair disciplinary actions, including DAEP assignments. If your child has already been placed in DAEP unfairly, we can also assist in seeking their return to their regular school environment.

Whether your child attends school at Cedar Ridge High School, Canyon Vista Middle School, or Caraway Elementary, you and your child don't have to face this crisis alone. Reach out to the Lento Law Firm today by calling 888-535-3686 or filling out our online contact form.

What is DAEP in Texas, and Why Does it Matter?

DAEP is a disciplinary measure that removes your child from their regular school setting and places them in a more controlled, alternative environment. It is typically imposed as an alternative to suspension or expulsion so the child's learning can continue uninterrupted in a different setting. DAEP was established in 1995 by the Texas Safe Schools Act and is integrated into the Texas Education Code, offering a standardized approach to addressing student behavior issues. By law, every school district in Texas is required to implement a Student Code of Conduct, which clearly outlines the types of misconduct that could lead to disciplinary actions, such as suspension, expulsion, or placement in a DAEP.

Certain behaviors explicitly require assignment to DAEP under state law. These typically include serious offenses like causing injury through physical assault, involvement in drug-related activities, or felonious acts. In other cases, the school may exercise discretion as to whether DAEP placement is justified.

Prior to placement, parents must be invited to a meeting with school officials where the reasoning behind the decision is discussed. Families are also encouraged to share their perspectives and advocate for their children. For urgent circumstances where a student's behavior poses an immediate risk to safety or disrupts school operations, Texas law permits emergency DAEP placement. If this occurs, schools must promptly inform parents and hold a conference within 10 days to evaluate the situation and review the placement decision.

While DAEP may seem like a straightforward response to serious behavioral issues, the consequences can be profound. Disruption to the student's academic routine, loss of social connections, and potential stigmatization among peers and teachers are just a few of the challenges that may arise. This experience can harm your child's self-confidence and even affect their future prospects.

Unfortunately, not every DAEP assignment is justified. Sometimes, a lack of evidence, misunderstandings, or overly strict disciplinary methods can result in unfair punishments. It's critical for parents to evaluate whether such a decision is truly warranted in their child's case.

School Districts in Round Rock, TX

Round Rock is served by a total of three public school districts as follows:

• Round Rock Independent School District (RRISD): Covering the vast majority of the city, RRISD serves over 47,000 students, including seven high schools, 11 middle schools, and nearly three dozen elementary schools. It is known for its strong academic offerings and wide range of educational programs designed to meet diverse student needs.
• Leander Independent School District (LISD): Covering the northwest portion of Round Rock and other neighboring areas, LISD educates approximately 42,000 students in total. The district is recognized for its forward-thinking approach, preparing students for both academic achievement and career readiness.
• Pflugerville Independent School District (PISD): Serving the southernmost areas of Round Rock, PISD provides education to around 26,000 students. The district focuses on fostering equity and delivers a well-rounded education aimed at supporting student growth and success.

What Offenses Can Result in a DAEP Placement?

Public schools in Round Rock, TX, follow established guidelines for determining when a student might warrant placement in a Disciplinary Alternative Education Program (DAEP). These policies are detailed in district-specific Student Codes of Conduct, which are accessible to both parents and students. Examples of actions that often lead to DAEP referral include:

• Physical harm through assault – Incidents involving deliberate aggression that result in injuries often require immediate disciplinary action.
• Drug or alcohol violations – Engaging in activities involving the use, possession, sale, or distribution of drugs or alcohol on school grounds may result in DAEP placement due to their seriousness.
• Possession of weapons or dangerous objects – Bringing items like firearms, knives, or other hazardous items to school is typically grounds for mandatory placement under state law.
• Threatening or harassing school staff – Behaviors that include threats, intimidation, or harassment toward school personnel are treated with zero tolerance.
• Felonious behavior – Conduct that meets the criteria for a felony offense in Texas can also require assignment to DAEP.

When referring a student to DAEP, schools are required to inform parents of the reasons behind the decision. A meeting is arranged where families can hear the allegations in detail and also share their viewpoints on the matter to ensure their child is fairly represented.

Challenges and Considerations with DAEP Placement

While DAEP exists as a tool to address significant behavioral issues, its implementation can bring about several challenges. Removing students from their familiar classroom environment may disrupt their learning progress, isolate them socially, and contribute to feelings of exclusion. Studies have indicated that exclusionary practices like DAEP may negatively impact students' academic success and emotional health. An additional concern is the disproportionate number of referrals involving students of color, raising serious questions about systemic fairness and equality in the process.

To minimize these issues, schools must adhere to stringent policies when assigning DAEP placements. Minor rule violations should not lead to such disciplinary measures, and all decisions should be based on clear, consistent, and justifiable criteria.

Key Factors in Placement Decisions

According to the Texas Education Code, administrators are required to assess specific mitigating factors before finalizing a DAEP assignment. These include:

• Whether the student acted in a way to defend themselves.
• The intent behind the behavior.
• The student's prior disciplinary record.
• Whether any disabilities influenced the actions in question.
• If the student is in foster care or experiencing homelessness.

By considering these factors, schools can ensure decisions are made fairly and reflect the individual circumstances of each case.

When DAEP Placements Are Unjust

Despite efforts to limit DAEP placement to severe disciplinary concerns, there are instances where students are placed in these programs unfairly. Such cases can be highly distressing for the student and their family, particularly when the placement is clearly unwarranted. Examples of unjust DAEP assignments often include the following situations:

• False Accusations or Mistaken Identity – A lack of sufficient evidence or misidentification can result in innocent students being wrongly disciplined. Biases or misunderstandings can further contribute to these errors.
• Wrong Place, Wrong Time– Simply being near a situation can sometimes lead to mistaken referrals, even if the student had no active involvement.
• Unfair Bias Against the Student – At times, the punishment may not match the offense. Students may be removed for minor rule-breaking, influenced in part by pre-existing biases from staff, causing unnecessary interruptions to their education.

The Adverse Effects of DAEP in Texas

DAEP is intended to minimize disruptions in the student's learning journey while imposing necessary discipline, but it also comes with a lot of other potentially negative consequences for the student, which may include:

• Lower-Quality Education – The educational programs offered in DAEP settings are often not on par with those in the standard classroom environment, leading to potential lags in academic progress.
• Stigmatization of the Student – DAEP placements can unjustly label young individuals, creating a stigma that may push them toward harmful paths rather than correcting their behavior.
• Inequitable Treatment – Statistics show that students of color and those in special education programs are disproportionately represented in DAEP placements. This has raised critical concerns about fairness and systemic biases in disciplinary practices.
• Recurring Referrals – Many students placed in DAEP are reassigned multiple times, which disrupts their academic progress and increases their risk of falling behind or repeating grades.
• Elevated Dropout Rates – Students placed in DAEP during key academic years, such as eighth or ninth grades, face a significantly higher risk of dropping out of school altogether, jeopardizing their future prospects.

How We Support Families Facing DAEP Challenges in Round Rock, TX

The possibility of your child being sent to a DAEP in Round Rock can leave you feeling uneasy and unsure about the steps to take to protect your child's future. While you have the right to choose legal counsel to help with such matters, not every attorney is familiar with the complexities of student disciplinary cases or of Texas education law. That's where the Lento Law Firm steps in. With a dedicated Student Defense Team that has successfully navigated cases across Texas and nationwide, our education law attorneys have the experience and insight needed to defend your child's rights effectively. With our nearest office conveniently located in Austin, TX, we are well-versed in Texas education laws and have a strong commitment to protecting your child's future. Here's our our Student Defense Team can help:

• Reviewing School Procedures – Schools must follow specific policies when recommending DAEP placements. We thoroughly evaluate your school district's rules and actions to verify that your child's rights have been upheld and that the process remains fair and lawful.
• Fighting for Fair Treatment – Disciplinary decisions aren't always proportional to the situation. If the punishment doesn't match your child's actions, we'll work with you to challenge it and to negotiate a fairer resolution, preferably one that doesn't harm the child's academic trajectory.
• Guiding You Through the System – Facing a disciplinary conference or appeal can feel intimidating. We'll help you prepare for these important meetings, provide clear guidance at every step, and support you in presenting a strong defense. Our team also works directly with school officials when permitted to negotiate outcomes that better serve your child's needs.
• Litigation Options – When schools blatantly disregard legal requirements or deny your child due process, we can even explore legal actions as a last resort.

Whether your child studies at Fern Bluff Elementary School, Ridge View Middle School, or Round Rock High School, remember that your child has a right to due process no matter what they're accused of--and that you have the right both to a DAEP hearing and to contest an unfair placement. The good news is you don't have to do it alone. The Lento Law Firm's Student Defense Team can greatly improve your child's chances for a fairer outcome that protects their academic future. Call us today at 888-535-3686 or complete our contact form to schedule a consultation.