Texas DAEP Student Defense - San Marcos

If you're a parent of a K-12 student in San Marcos, TX, facing the possibility of your child being placed in a Disciplinary Alternative Education Program (DAEP), you're likely feeling a mix of frustration, worry, and uncertainty. You know that kids make mistakes, and you naturally expect that schools would respond to these missteps with appropriate and constructive actions. However, when a child is accused of severe misbehavior, particularly violent or disruptive actions, schools often resort to DAEP placement as an alternative to suspension or expulsion. While sometimes necessary, this exclusionary punishment can have lasting consequences on a child's education and development.

DAEP placement removes students from their regular academic environment, often separating them from their peers and the support systems that help them thrive. This can lead to academic setbacks, emotional strain, and a sense of alienation. What's more troubling is that these measures can sometimes be imposed unfairly. Mistakes in judgment, a lack of thorough investigation, or disproportionate responses to certain behaviors can result in a child being placed in DAEP when the situation doesn't warrant it.

As a parent, you and your child are not without rights in these situations. Schools must follow proper procedures, and your child has a right to due process. You also have the right to retain legal counsel--but if you simply hire a local attorney, they may or may not know enough of the nuances of Texas educational law to make a positive difference. At the Lento Law Firm, our Student Defense Team has a strong working knowledge of the law, as well as a long track record of success resolving school disciplinary disputes. From our local offices in Austin, our education law attorneys have helped many families across Texas, including those in San Marcos, to advocate for their children's rights and strive for fairer outcomes. Whether your child attends San Marcos High School, Miller Middle School, or Crockett Elementary, we'll work with you either to help your child avoid DAEP placement or to get them reinstated after an unfair placement. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our convenient online contact form.

Public School Districts in San Marcos, TX

Almost all of the City of San Marcos is served by the San Marcos Consolidated Independent School District, which also serves other communities within Hays County. San Marcos Consolidated ISD maintains one main high school (San Marcos High School), two middle schools, seven elementary schools, and one Pre-K facility across the area.

Additionally, the far northeast corner of San Marcos falls under the jurisdiction of Hays Consolidated Independent School District, which administers a single elementary school inside the city limits (Blanco Vista Elementary).

DAEP in Texas: How It Works

Student discipline in Texas is governed by specific policies outlined in the Texas Safe Schools Act, which was passed in 1995 and is now part of the state's Education Code. These regulations are intended to maintain a safe and organized learning environment for all students. Each school district is required to adopt a Student Code of Conduct, which details the types of behavior or circumstances that may lead to disciplinary actions. These actions can include suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP).

Under Texas law, placement in DAEP is mandatory for certain infractions, such as those involving physical harm, drug or alcohol-related offenses, or actions that are classified as felonies. However, for other issues, the decision to assign a student to DAEP is typically left to the discretion of the school. Before assigning a student to DAEP, the school is required to schedule a conference with the parents to discuss the incident, outline the rationale for the decision, and allow the family to share their perspective. However, in situations where a student's behavior creates an immediate and significant disruption, schools are permitted to make an emergency DAEP placement. If this occurs, parents must be notified right away, and a formal meeting must take place within 10 days to review and address the incident in greater detail.

Behaviors That May Result in DAEP Placement

Each district's Student Code of Conduct serves to clarify the disciplinary process for families, including the potential for DAEP assignment. While specifics may vary between districts, certain types of misconduct commonly lead to DAEP referrals. Some examples include the following:

• Assault Inflicting Injury: Participating in physical altercations that result in harm to others often leads to immediate disciplinary action.
• Harassment of School Staff: Threatening, intimidating, or engaging in other inappropriate behavior toward school employees is taken very seriously.
• Drug or Alcohol Offenses: This involves possession, consumption, distribution, or sale of drugs or alcohol on school property.
• Possession of Weapons: Bringing items such as firearms, knives, or other prohibited objects to school can trigger mandatory placement under state law.
• Felony-Level Behavior: Any actions that are classified as felonies under Texas law are typically met with mandatory DAEP placement.

State Limits to DAEP Placement

Although DAEP is meant to offer an alternative to suspension or expulsion, its exclusionary nature separates students from their traditional school environment, which studies have shown can disrupt both their academic progress and social development. These studies also suggest that certain student groups, including students of color, are disproportionately affected by these placements, raising valid concerns about equity in disciplinary practices.

To attempt to address such issues, the Texas Education Code restricts DAEP placement to significant infractions. Schools also have some flexibility in deciding DAEP assignments, but their decisions must remain unbiased and adhere to the law.

State guidelines also mandate that school officials consider various mitigating factors when determining whether DAEP is appropriate. These include:

• Whether the student acted out of self-defense
• The intent behind the student's behavior
• The student's prior disciplinary record
• Whether a disability might have influenced their understanding of the behavior in question
• If the student is under protective custody
• Any current homelessness the student might be experiencing

By taking these factors into account, schools can ensure more equitable and informed disciplinary actions. However, errors in judgment or procedural lapses can sometimes lead to unwarranted outcomes. When this happens, seeking legal assistance can make a critical difference in ensuring fairness while safeguarding the student's educational rights and future.

Unwarranted DAEP Placements in San Marcos

Unfortunately, some students in San Marcos experience DAEP placement under circumstances that may be unjust. Families often find this process confusing and stressful as they attempt to understand the reasoning behind these decisions and fight to protect their children. Below are some examples of situations where DAEP assignments could be questionable or unwarranted:

• Unsubstantiated Claims: Students are sometimes punished based on insufficient evidence or inaccurate reports. Without a proper investigation, a child might face harsh consequences for actions they didn't commit.
• Guilt by Association: Merely being near an incident can result in unfair consequences for a student who wasn't directly involved, leading to misplaced blame simply for being in the wrong place at the wrong time.
• Disproportionate Punishment: At times, a minor infraction receives a penalty that's excessive compared to the behavior, often influenced by biases or errors in judgment on the part of school officials.
• Procedural Violations: Schools must comply with established rules when assigning DAEP placements. Failure to notify parents properly, insufficient evidence, or denying a student the chance to respond can all undermine the validity of the decision.

If you believe your child is facing an unjust DAEP placement, it's your right to receive a complete explanation for the school's decision and to challenge it if necessary. Legal support can help ensure your child is treated fairly and that their educational experiences remain protected.

Unintended Negative Consequences of DAEP Placement in Texas

While DAEPs are designed to manage student misconduct in a structured environment, the fact is this solution typically helps the school maintain order more than helping the student rehabilitate. In fact, DAEPs can actually cause students more harm than good. Below are some key drawbacks associated with these programs:

• Lower Quality of Education: DAEP settings generally fail to provide the same level of instruction as standard classrooms, leaving students academically behind and struggling to keep up when reintegrated into their regular schools.
• Attendance Issues: Transport to DAEP campuses is often unreliable or non-existent, leading to missed school days and further disrupting a student's academic progress.
• Overly Harsh Consequences: Many infractions leading to DAEP assignments don't rise to the level of criminal conduct. However, students might feel unfairly stigmatized for actions that could have been addressed more effectively through restorative or alternative disciplinary approaches, which could, in turn, send them down a road toward eventual criminal conduct.
• Disproportionate Impact: Research reveals that certain groups, including African American students and those in special education, are referred to DAEPs at disproportionately higher rates. This raises significant concerns about equity and justice within the system.
• Repeat Placements: Some students find themselves cycling in and out of DAEP settings, creating ongoing disruptions to their education and increasing the likelihood of academic setbacks or grade retention.
• Heightened Dropout Rates: Young students, particularly those in middle and early high school, who experience DAEP placements are far more likely to drop out of school altogether, limiting their future opportunities and potential.

The Lento Law Firm: Protecting Your Child's Rights in San Marcos, TX

If your K-12 student is facing placement in a DAEP in San Marcos, don't underestimate the long-lasting effects this action can have on their academic and personal development. If you feel your student is being unfairly disciplined, it's essential to advocate for their rights and put pressure on the school to act in your child's best interests rather than their own. While you can choose any attorney to represent your family, keep in mind that many local attorneys lack experience in the complex field of education law. Choosing the wrong legal representative could jeopardize your chances of a successful outcome, so it's typically better to choose an attorney based on their legal knowledge and experience rather than location.

At the Lento Law Firm, our Student Defense Team has a proven track record of assisting families across Texas, including in San Marcos. With a local office based in nearby Austin, TX, our attorneys have deep knowledge of both Texas school laws and district-specific policies, and we can work with you and with the school to ensure your child is treated with fairness and respect throughout the disciplinary process. Here's how we can assist you:

• Reviewing School Policies: We carefully examine your school district's disciplinary guidelines and procedures for DAEP placements. This allows us to identify any errors or policy violations that could infringe on your child's rights.
• Advocating for Fair Solutions: If the punishment your child is facing is too harsh or unwarranted, we work with you to challenge the school's decision and seek alternatives that prioritize your child's well-being.
• Support in Hearings: Preparing for school disciplinary meetings can be intimidating, especially when the stakes are high. We provide guidance and advocacy during these hearings or appeals, and when allowed, we can negotiate directly with the school's administrators and general counsel on your child's behalf.
• Defending Legal Rights: If your student's legal rights are ultimately breached, we take action to hold the school accountable. When negotiation fails, and violations of the law are evident, we support you in pursuing legal recourse if necessary.

Your child is entitled to due process, a fair investigation, and access to an equitable education. The Student Defense Team at the Lento Law Firm is here to stand by your side. We'll diligently work to protect your child's rights and achieve the best possible resolution for your family. Call us at 888-535-3686 or complete our contact form today to schedule a consultation.