When your school-aged child in San Angelo, TX, faces challenges, such as making mistakes or being accused of misconduct at school, it's natural for you to feel concerned--but when things are going as they should, it should be enough to make you worried about their future. Growing up involves learning and missteps, and while schools ideally use these moments to guide kids constructively, that's not always the case. If your child is accused of behaving in an overly disruptive or inappropriate way, the negative consequences can be far-reaching.
One potential outcome for alleged severe misconduct is the placement of your child in a Disciplinary Alternative Education Program (DAEP). DAEP serves as an alternative to suspension or expulsion, but it is also a strict and isolating form of discipline. Students in this program are removed from their regular school, placed in a controlled environment, and separated from their peer group. This experience can negatively affect a child's academic progress and emotional well-being. Even more troubling is that DAEP placements are not always applied fairly. Miscommunication or overly harsh decisions can sometimes lead to unnecessary referrals, leaving students in DAEP for reasons that don't fully justify its use.
While each school handles discipline differently, Texas law includes protections to ensure fairness and due process for students. For example, students and parents must be given the opportunity to respond to allegations before significant disciplinary measures, like DAEP placement, are taken (except in emergency situations). You have every right to question decisions that seem unjust, request clarity about the disciplinary process, or even seek legal representation if needed. However, many local attorneys may not be equipped to address these cases effectively due to a lack of knowledge and experience when it comes to education law.
At the Lento Law Firm, our Student Defense Team works with parents and children across Texas who are dealing with disciplinary issues, including students in San Angelo. While we have a nationwide reach, the skilled attorneys in our Austin, TX office have deep knowledge of Texas laws governing K-12 education and extensive experience in advocating for students' rights. Whether your child attends Central High School, Glenn Middle School, or Bowie Elementary, we are here to help. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
How DAEP Works in Texas
Texas schools follow specific rules for student discipline, outlined under the Texas Safe Schools Act and included in the state's Education Code. These laws are designed to create a secure and orderly learning environment for all students. The law requires each school district to have a Student Code of Conduct, which outlines behaviors or circumstances that could result in disciplinary measures. These measures range from suspension to expulsion and may also include placement in a Disciplinary Alternative Education Program (DAEP). State law mandates DAEP placement for certain offenses, such as those involving bodily harm, drug- or alcohol-related violations, or actions deemed felonies. For other offenses, DAEP placement is largely at the school's discretion.
The time a student spends in DAEP can vary depending on the specific incident and the district's policies. While some placements may be brief, others can last several weeks or months. Before assigning a student to DAEP, schools are required to offer a meeting with parents to discuss the situation, explain their decision, and provide an opportunity for the family to respond. However, in cases where a student's behavior immediately and significantly disrupts the school environment, schools are allowed to make an emergency placement. When this occurs, parents must be notified right away, and a conference must be scheduled within 10 days to review and address the matter in greater detail.
Public School Districts in San Angelo, TX
San Angelo, TX, is served by four public school districts, each responsible for a specific portion of the city and surrounding areas, ensuring quality education for its students.
- The San Angelo Independent School District (SAISD) is the largest in the area, covering the majority of San Angelo. With over 14,000 students enrolled, SAISD operates a range of campuses, including elementary, middle, and high schools, along with specialized programs. It serves the city's central neighborhoods as well as many outlying communities, making it a hub for K-12 education in the region.
- The Wall Independent School District handles southeastern San Angelo and surrounding rural areas. A smaller district in comparison, Wall ISD enrolls approximately 1,200 students. Despite its size, Wall ISD is well-regarded for its strong sense of community and academic excellence, supported by dedicated staff and active parental involvement.
- Covering the northwestern portion of San Angelo, the Grape Creek Independent School District educates around 1,000 students. It services neighborhoods and rural locales in that region, offering a tight-knit educational setting with schools that focus on student achievement and community engagement.
- Lastly, Veribest Independent School District, a small but effective district, serves areas on the eastern outskirts of San Angelo. With fewer than 300 students, Veribest ISD delivers a highly personalized educational experience, emphasizing close teacher-student relationships and tailored academic opportunities.
Behaviors That May Lead to DAEP Placement
Each district in Texas provides a Student Code of Conduct to clarify the disciplinary process for parents and students, including DAEP placement. For example, the San Angelo ISD's Code of Conduct distinctly lists offenses requiring mandatory DAEP placement along with offenses that may result in DAEP placement. While these policies may differ between districts, certain behaviors are commonly associated with DAEP referrals. Examples include the following:
- Assault Causing Injury: Engaging in physical attacks that harm others typically results in immediate consequences.
- Drug and Alcohol Violations: This includes possession, use, distribution, or sale of drugs or alcohol on school grounds.
- Weapons Possession: Bringing prohibited items, such as guns, knives, or other dangerous objects, to school triggers mandatory placement under state law.
- Harassment of Staff Members: Actions like threats, intimidation, or other inappropriate behaviors targeting school employees are treated with serious concern.
- Felony-Level Offenses: Any behaviors categorized as felonies under Texas law typically require DAEP placement.
Challenges of DAEP Placement
While DAEP is meant to serve as a substitute for suspension or expulsion, its isolating approach often removes children from their familiar school environments, potentially hindering their academic and social development. Research indicates that DAEP placements can have a more harmful impact on certain groups, particularly students of color, who are often subjected to these measures more frequently, raising concerns about fairness in disciplinary actions. The Texas Education Code addresses these concerns by limiting DAEP assignments to serious offenses. Additionally, schools are allowed some discretion in deciding these placements, but those judgments must be made fairly and without bias.
State regulations require that school officials consider several mitigating factors before deciding on DAEP placement. These considerations include the following:
- Whether the student acted in self-defense
- The intention behind the student's actions
- The student's behavioral history
- Whether a disability may have affected the student's understanding of the behavior
- If the student is in protective custody
- Any current homelessness affecting the student
By carefully following these guidelines, schools can ensure just outcomes for students facing discipline. However, even with these measures in place, mistakes or lapses in judgment by school officials can sometimes lead to unfair outcomes. If your child is placed in this situation, seeking legal guidance may help ensure fair treatment and protect your child's rights and educational future.
When DAEP Placements in San Angelo May Be Unjust
Unfortunately, students in San Angelo can sometimes find themselves unjustly placed in DAEP. These situations are often stressful for families, who struggle to understand the reasoning behind such decisions and work to defend their children. Below are key examples of when DAEP placements may be unwarranted:
- Accusations without basis: Misunderstandings or incorrect reports can result in students being blamed for actions they did not commit. Without sufficient evidence or fair investigation, innocent students may face undeserved punishment.
- Guilt by association: A student's mere proximity to an incident can mistakenly associate them with misconduct, placing unwarranted blame and consequences on their shoulders.
- Excessive discipline: Sometimes, the disciplinary action might not align with the nature of the misconduct. A minor infraction could result in a disproportionate punishment if biases or misunderstandings influence the decision-making process.
- Procedural errors: Schools are required to follow clear procedures when assigning DAEP placements. Improper notification, lack of evidence, or failure to allow the student an opportunity to respond are procedural violations that can make a DAEP placement invalid.
Remember that if you feel your student is facing an unfair DAEP placement, you have the right to a full explanation as to why the placement is occurring, and you have the right to challenge the decision.
The Drawbacks of DAEPs in Texas
Although DAEPs aim to address student misconduct in a controlled setting, they often bring more harm than good. Here are some of the primary concerns associated with these programs:
- Subpar Educational Quality: The instruction provided in DAEP settings rarely reaches the same level as that in regular classrooms, leaving students struggling to catch up academically once they return.
- Attendance Challenges: Transportation to DAEP campuses is often inconsistent or unavailable, resulting in missed school days and further disruption in a student's education.
- Excessive Punishment: Many behaviors leading to DAEP assignment are non-criminal. Still, students may feel labeled unfairly for infractions that could have been more effectively addressed through alternative disciplinary methods.
- Disparities in Discipline: Studies show that students of color, particularly African American students, and those in special education programs are disproportionately referred to DAEPs, raising serious questions about the system's fairness.
- Recurring Placements: Many students are sent back to DAEPs multiple times, which disrupts their learning progress and increases the likelihood of being held back a grade.
- Greater Dropout Risks: Young students, especially those in middle and early high school, who experience DAEP placements face a higher likelihood of leaving school entirely, narrowing their future opportunities.
Rather than providing solutions, DAEP assignments often hinder a student's growth academically, socially, and emotionally. Families must fully understand these impacts as they advocate for fair outcomes that support their child's education and future. Safeguarding your child's well-being and academic path must remain the top priority in navigating disciplinary challenges.
The Lento Law Firm: Advocating for Your Child in San Angelo, TX
When your K-12 student faces placement in a DAEP in San Angelo, the consequences go beyond a short-term penalty—it can impact their academic and personal growth in the long term. That's why it's essential to defend their rights if they're being unfairly disciplined or accused. While you have the right to legal counsel from any attorney you choose, the fact is that education law is an area of law in which many local attorneys lack experience. The wrong legal advocate can actually hurt your chances of a positive outcome rather than help them.
At the Lento Law Firm, our Student Defense Team has successfully handled cases like yours across Texas and beyond. Specifically, our attorneys based in our Austin, TX office have a keen understanding of Texas school laws as well as school district policies across the state. We are dedicated to ensuring your child is treated fairly. Here's how we can help:
- Reviewing School Policies: We analyze your school district's disciplinary code regarding DAEP to spot errors and protect your child's rights.
- Fighting for Fair Resolutions: If the punishment doesn't fit the offense, we'll help you contest the school's actions and work for an outcome that supports your child's success and well-being.
- Support During Hearings: Preparing for disciplinary meetings or appeals can be overwhelming. We'll provide legal guidance and, when allowed, advocate directly with school administrators to seek the best resolution.
- Protecting Legal Rights: If your child's rights are violated, we hold the school accountable. If informal negotiations fail and the school's actions are blatantly unlawful, we'll guide you in exploring legal options as a last resort.
Your child has the right to due process, a fair hearing, and an appropriate learning environment, whether they attend school at Grape Creek Elementary, Lincoln Middle School, Lake View High School, or any other public school in San Angelo. The Lento Law Firm's experienced Student Defense Team is ready to stand by your family. We'll work tirelessly to protect your child's rights and help achieve a favorable resolution. Call us at 888-535-3686 or fill out our convenient online contact form today to schedule your consultation.
