Texas DAEP Student Defense - Rowlett

Parenting a school-aged child in Rowlett, TX, comes with its share of joys and challenges. When things go wrong at school, it's natural to feel concerned about your child's future. All kids make mistakes—that's part of growing up. And in a perfect world, schools would respond to those mistakes with fairness, using discipline to teach and guide rather than hinder a student's progress. However, when a child is accused of violent or disruptive behavior, administrators may decide that a more severe disciplinary action is necessary, such as placement in a Disciplinary Alternative Education Program (DAEP).

DAEP is intended as an alternative to suspension or expulsion in cases of serious misconduct. Under the right circumstances, it can ensure that students continue their education while addressing behavioral concerns. But DAEP is also an exclusionary form of punishment, separating students from their peers and placing them in a restrictive environment that can negatively impact their academic and social growth. What's more troubling is that DAEP placements are not always assigned fairly. A misunderstanding, a rushed decision made without hearing all sides, or disproportionate enforcement of school policies can result in a placement that your child doesn't deserve--and in the process, it can cause significant and unnecessary disruption to your child's academic and personal progress.

Whether your child attends Rowlett High School, Coyle Middle School, or Dorsey Elementary...if your child is facing DAEP placement, you don't have to face this battle without help. Both you and your child have rights—including the right to due process and the right to hire an attorney. Schools must follow specific procedures before assigning such serious penalties, and those decisions can be challenged when they are unjust. At the Lento Law Firm, our Student Defense Team understands what's at stake for your child and your family. We have extensive experience helping parents throughout Texas, including families in Rowlett, protect their children's rights, uphold their education, and challenge unfair disciplinary actions.

Our Dallas-based attorneys can assist you in avoiding a DAEP placement or work to have your child reinstated if their assignment to DAEP was unfair. By advocating for your child's interests, we strive to minimize the disruptions caused by school disciplinary actions and keep their educational goals on track. If you're facing a DAEP situation, call the Lento Law Firm at 888-535-3686 or fill out our online contact form.

How DAEP Works in Texas

In 1995, the Texas Safe Schools Act established statewide standards for maintaining order and safety within Texas schools. This includes protocols for utilizing Disciplinary Alternative Education Programs (DAEPs) as a way to handle serious student misconduct while still offering an educational path outside the traditional classroom. This act is now integrated into the Texas Education Code, which sets forth consistent rules for addressing disruptive behavior. As a requirement of state law, school districts statewide must create and adopt a Student Code of Conduct, which outlines the behaviors that can lead to disciplinary actions, such as suspension, expulsion, or placement in a DAEP.

Certain offenses automatically result in DAEP placement under state law. Examples include physical assaults causing injury, drug-related activities, or actions classified as felony-level crimes. These placements are intended to preserve a safe learning environment while offering an organized response to severe behavioral problems.

When DAEP or other significant forms of punishment are recommended, parents are entitled to attend a meeting with school administrators prior to their child's placement. During this meeting, school officials explain the reasons for the decision, and families are given a chance to present their perspective. For cases where immediate action is necessary, such as when safety is at risk, schools may execute an emergency removal to DAEP. If this occurs, the school must notify parents promptly and hold a meeting within 10 days to review the decision.

School Districts in Rowlett, TX

The City of Rowlett straddles two counties, Dallas County and Rockwall County, which means its residents are served by two different school districts based on location.

• Garland Independent School District (GISD) is one of the largest districts in Texas, serving parts of Rowlett within Dallas County. GISD enrolls more than 51,000 students across 68 campuses (about a dozen of which are located within Rowlett itself).
• Rockwall Independent School District (RISD) serves the easternmost portion of Rowlett that falls within Rockwall County. Smaller in scale compared to GISD, RISD oversees 21 schools and educates more than 18,000 students.

Between the two school districts, Rowlett is served by a total of 19 public schools.

Types of Offenses That May Lead to a DAEP Referral

Public schools in Rowlett, TX, follow specific guidelines for determining when a student should be referred to a Disciplinary Alternative Education Program. These procedures are outlined in each district's Student Code of Conduct, which is accessible to both parents and students. For example, the Student Code of Conduct for Garland ISD specifies which offenses must result in DAEP placement versus those which may result in DAEP placement subject to the discretion of school authorities.

Conduct that typically results in DAEP referral may include:

• Assault causing injury – Acts of intentional physical harm to another individual usually trigger immediate disciplinary action.
• Drug- or alcohol-related violations – Possession, use, sale, or distribution of drugs or alcohol on school grounds carries severe consequences, often leading to DAEP placement.
• Possession of weapons or dangerous items – Bringing firearms, knives, or other hazardous items onto campus is a serious violation requiring mandatory action.
• Harassment or threats against staff – Any form of intimidation or threatening behavior toward school personnel is addressed with grave seriousness.
• Felony-level conduct – Any actions deemed to meet felony criteria also mandate DAEP placement under Texas law.

Parents should be fully informed of the reasons behind a DAEP referral. Schools typically arrange a disciplinary conference where officials present their findings, and families have the opportunity to defend their child's case and provide context for the incident.

Limitations to DAEP Placement

While DAEP may be necessary for addressing severe behavioral issues, its implementation isn't without challenges. Taking a student out of their regular classroom environment disrupts their learning routine, severs peer connections, and can foster a sense of isolation. Studies have also linked exclusionary measures like DAEP placement to long-term setbacks, such as diminished academic outcomes and emotional strain. Of particular concern is research highlighting the disproportionate referral of students of color to DAEP, which raises critical issues about fairness and equity in disciplinary practices.

Schools are required to follow clear protocols to ensure DAEP placements are justified. Minor disciplinary matters are not meant to result in DAEP referrals, and all decisions must be based on transparent and equitable criteria. Additionally, the Texas Education Code mandates that administrators consider important mitigating factors before making DAEP assignments. These include:

• Whether the student acted in self-defense.
• The intent behind the student's behavior.
• The student's prior disciplinary history.
• The influence of any disabilities on the behavior.
• Whether the student is in foster care or experiencing homelessness.

By factoring in these considerations, schools can make sure DAEP placements are fair and reflect the specific circumstances of the situation.

Unfair DAEP Placements

While DAEP is intended for serious violations, there are circumstances where students are unfairly placed in DAEP, which can cause unnecessary complications for students and parents. These placements can feel especially unjust when they lack evidence or context. Common examples of wrongful DAEP assignments include:

• Misidentification or False Accusations – A student might be unfairly punished due to mistaken identity, insufficient evidence, or prejudiced assumptions. Misunderstandings and implicit biases can contribute to undeserved disciplinary action.
• Being in the Wrong Place at the Wrong Time – Students who are simply present when an incident occurs may find themselves referred to DAEP even without active involvement.
• Excessive Punishments – There are instances where the discipline doesn't fit the offense. Minor rule violations may lead to DAEP placements that disrupt the student's education unnecessarily. These cases are sometimes influenced by subjective judgment or preconceived notions.

For families facing such situations, it's critical to challenge unfair DAEP assignments to ensure that disciplinary measures truly serve the best interests of the student involved.

The Negative Impact of DAEP in Texas

While the intention of Disciplinary Alternative Education Programs (DAEP) is to manage behavioral challenges without completely removing students from an educational setting, these placements often lead to unintended and damaging consequences. Some of the most common negative outcomes include:

• Inferior Educational Quality – Instruction in DAEP often falls short of the standards seen in traditional classrooms. Students in these programs may experience gaps in learning, making it difficult to catch up academically after their stay.
• Problems with Attendance – Limited transportation options to DAEP facilities can lead to frequent absences, further disrupting a student's education and making it harder for them to stay on track.
• Excessive Punishments for Minor Infractions – Students may be referred to DAEP for behaviors that, while inappropriate, do not warrant severe consequences. This practice often stigmatizes students unnecessarily, potentially pushing them toward problematic paths in the future--and possibly even engagement with the juvenile justice system.
• Inequities in DAEP Referrals – Statistics indicate that certain groups, such as African American students and special ed students, are disproportionately assigned to DAEP, raising serious concerns about bias and equity in disciplinary practices.
• Repeated Referrals – Many students who are sent to DAEP find themselves referred again and again. These ongoing disruptions hinder their ability to maintain academic progress.
• Higher Dropout Risk – DAEP placements during pivotal grades, such as eighth or ninth, sharply increase the likelihood that students will abandon school altogether, severely limiting opportunities for future success.

Rather than inspiring positive change, DAEP placements often exacerbate academic, social, and emotional challenges for students. For families navigating a DAEP referral, recognizing these risks and advocating for fair and appropriate measures is critical to protecting a child's educational future.

How We Assist with DAEP Matters in Rowlett, TX

The possibility of your child being assigned to a DAEP in Rowlett can be an overwhelming and difficult experience, and in some cases, the child's rights may be inadvertently violated in the process because of the pressure the school feels to reinforce disciplinary order. While parents have the right to seek legal representation in these cases, not all attorneys have sufficient knowledge of education law to effectively navigate the nuances of student disciplinary matters. That's where the Lento Law Firm can help. Our Student Defense Team brings extensive experience addressing these cases across Texas and beyond. With an office conveniently located in Dallas, TX, we are well-versed in the state's education laws and committed to protecting your child's rights, whether they are attending Rockwall High School, Liberty Grove Elementary, or any other school in Rowlett.

Here's how we can provide assistance:

• Reviewing School Procedures – Every school district is required to follow established protocols when considering DAEP placements. Our team will thoroughly examine your district's policies to verify that all procedures are followed and your child's rights are fully respected.
• Advocating on Behalf of Your Child – At times, disciplinary measures may be excessively severe. If your child's punishment doesn't correspond with the alleged behavior, we will work to challenge the decision. Our focus is on achieving a fair outcome that maintains your child's educational experience and emotional well-being.
• Support During Disciplinary Proceedings – Participating in school meetings and appeals can be daunting for families. We'll offer guidance throughout the entire process, helping you prepare and ensuring you present a compelling case. When appropriate, we will negotiate with school officials to secure a more favorable resolution for your child.
• Ensuring Legal and Educational Protections – Our goal is to minimize potential long-term consequences to your child's academic record while safeguarding their overall welfare. If the school fails to follow proper legal protocols or denies your child their right to due process, we are prepared to explore all available options, including escalating the matter through litigation if necessary.

Hearing that your child may be referred to a DAEP in Rowlett can feel discouraging and stressful, but it's important to remember that you're not without options. With the Lento Law Firm's Student Defense Team on your side, you'll have the help you need to challenge unjust disciplinary decisions and work toward a better resolution that protects your child's educational future. To learn more or schedule a consultation, call us at 888-535-3686 or complete our online contact form today.