As parents of a K-12 student attending school in Sugar Land, TX, you naturally want what's best for your child—a safe and supportive environment where they can thrive both academically and personally. Children make mistakes; it's part of growing and learning. When these missteps occur in a school setting, you naturally expect the school to step in with an appropriate response. But when serious allegations of misbehavior arise, the stakes for your child become higher. The disciplinary system in Texas schools is designed to maintain order and protect the learning environment for all students. One of the tools administrators use in these situations is the placement of the child in a Disciplinary Alternative Education Program (DAEP). While this measure can be necessary in certain cases involving disruptive or violent behavior, it's important to recognize the impact DAEP placement can have on your child's educational experience—and, most importantly, to ensure it's applied fairly.
DAEP is meant to provide an alternative to suspension or expulsion, giving students a separate space to continue their education while addressing behavior concerns. However, this type of exclusionary punishment comes with additional complications and consequences. Removed from their regular classes, a child placed in DAEP often loses the opportunity to learn in a familiar, engaging environment. Social connections with peers can be disrupted, and that sense of belonging—which is crucial for emotional growth—may be compromised. Beyond that, there are cases where DAEP placement occurs not because the action warrants it but due to inconsistencies or misunderstandings in how school policies are enforced.
Whether your child attends Austin High School, Missouri City Middle School, Cornerstone Elementary, or any other of the dozens of public schools across Sugar Land...if your child is at risk of being placed in DAEP, the law protects you and your child by granting the right to due process. You have the opportunity to voice concerns and contest an unfair decision. However, these rights may not just be handed to you--and if you simply rely on the fates, your child could be unfairly penalized at best and their educational and personal development damaged at worst. You have the right to retain legal counsel when contesting unfair disciplinary actions in the K-12 setting, but many local attorneys lack the specific knowledge of education laws and disciplinary processes to help your child effectively. At the Lento Law Firm, our Student Defense Team has nationwide experience helping students and parents navigate these issues. Our attorneys in our local Houston office specifically understand the complexities of the Texas education disciplinary system, and we have extensive experience working with families across Texas to ensure that school administrators respect your child's rights and make decisions based on fairness and evidence.
We will work to protect your child's interests—whether that means helping them avoid placement in DAEP or fighting for reinstatement if DAEP placement was unfairly applied. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our online form.
Understanding Texas DAEP
Texas schools follow disciplinary rules established under the Texas Safe Schools Act, a law created to promote security and order in school settings. Now integrated into the Texas Education Code, this legislation provides a structured approach to handling student misconduct. One key requirement is that each school district must develop a Student Code of Conduct that clearly outlines behaviors and processes that may lead to disciplinary measures like suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP).
DAEP serves as a way to address serious behavioral concerns while ensuring students continue their education, offering an alternative to expulsion in certain situations. By law, DAEP placement is mandatory for some types of behavior. For instance, actions such as causing bodily harm during an assault, drug-related offenses, or actions classified as a felony typically result in placement in DAEP. The program aims to protect the learning environment while addressing serious issues constructively.
DAEP placements are intended to be temporary but can extend for weeks or even months. Guidelines set by each school district's Code of Conduct often influence these decisions. Before a child is assigned to DAEP, parents must be given the chance to attend a conference where school officials explain the reasoning for the placement. At this time, families may present their perspective and advocate for their child. However, in urgent cases where a student's behavior significantly disrupts the safety or operations of the school, Texas law permits a temporary emergency DAEP removal of the student. If this happens, parents must be notified promptly, and a conference must be arranged within 10 days to discuss the situation and review the decision.
Public School Districts Serving Sugar Land, TX
The vast majority of the city of Sugar Land falls within the jurisdiction of the Fort Bend Independent School District (FBISD), which is the third largest school district within the Greater Houston Area. This district teaches more than 80,000 students across 83 campuses (including a dozen high schools), and with 11,000 employees, FBISD is the largest employer in Fort Bend County, where Sugar Land is located.
The southwest corner of Sugar Land is served by the Lamar Consolidated Independent School District (LCISD). While smaller than FBISD, this district is growing rapidly, adding 16,000 students to its roster between 2021 and 2024 for a total of more than 44,000 students.
Types of Offenses That May Lead to a DAEP Referral
Both public school districts in Sugar Land have specific rules regarding DAEP referrals within their Student Codes of Conduct, which are publicly available to students and parents. The FBISD Code of Conduct, for example, lists offenses that require mandatory placement in DAEP. These include, but are not limited to:
- Assault causing physical harm: Incidents involving physical aggression where another person is injured may prompt immediate action.
- Drug or alcohol violations: Possession, use, sale, or distribution of drugs or alcohol on campus can result in this serious disciplinary measure.
- Possession of dangerous items: State law mandates DAEP placement for any student found on school grounds with weapons, such as firearms, knives, or other hazardous objects.
- Harassment of school staff: Any form of intimidation, threats, or misconduct directed at teachers or school employees is taken very seriously.
- Any behavior that is punishable as a felony.
That said, the FBISD Student Code of Conduct also reserves the right for "discretionary placement" in DAEP for any "General Conduct Violation" of the code. This opens the door for potential misuse of the system and unfair placement of a student at the discretion of school authorities.
Schools must ensure that students and parents are informed about the reason for a DAEP referral. A conference is usually scheduled to review the allegations, giving families a chance to advocate for their child and respond to the situatio.
Limitations to DAEP Placement
While DAEP provides schools with a tool to address serious issues, it is not without controversy. This disciplinary measure removes students from the typical classroom environment, potentially isolating them from their peers and disrupting their normal academic and social growth. Research indicates that exclusionary practices like DAEP placement can have long-term negative effects on students. Particularly concerning is the evidence showing that students of color are disproportionately referred to DAEP, often in ways that reflect systemic inequities in education. Because of this, schools are not supposed to assign DAEP placement for minor infractions, and decisions regarding its use must align with clear, equitable criteria.
The Texas Education Code also requires administrators to weigh specific mitigating factors when considering DAEP referrals. These factors include:
- Whether the student acted in self-defense.
- The intent behind the behavior in question.
- The student's past disciplinary history.
- Whether a disability influenced the student's understanding of their actions.
- If the student is under protective services or facing homelessness.
Unfair DAEP Placements
While DAEPs are intended to address severe disciplinary issues, there are instances where students may face placement unfairly. These scenarios can be distressing for both students and their families as they try to address decisions that feel unjust. Below are some common situations where DAEP placement might be unwarranted:
- Wrongly Accused: Mistaken identity or incomplete evidence can lead to students being wrongly held accountable. False allegations often stem from misunderstandings or bias, causing unfair consequences for innocent students.
- Wrong Place, Wrong Time: Simply being near an incident can result in a student being implicated. Even without involvement, they may face disciplinary action as if they were a participant.
- Inordinate Severity of Punishment: Sometimes, the punishment doesn't match the behavior. When a lesser infraction incurs DAEP placement--perhaps due to a pre-existing bias against the child by school authorities--it can disrupt a child's education and harm their emotional well-being.
The Negative Impact of DAEP in Texas
Although DAEPs are designed to handle disciplinary issues and offer educational alternatives, these programs often have unintended and far-reaching consequences that outweigh their intended benefits. Common drawbacks include:
- Lower Educational Standards: The quality of education in DAEPs is often subpar compared to traditional schools, leaving students behind academically, especially after an average stay of two months. This gap can make reintegration into their home school challenging.
- Attendance Challenges: Limited transportation options for DAEP students frequently lead to missed school days, which further derails their learning process.
- Overreaction to Non-Criminal Behavior: Students are sometimes sent to DAEPs for behaviors that, while inappropriate, do not violate the law. This can unfairly stigmatize them, creating a sense of being unfairly treated as offenders and possibly even opening the gate for them to move down that path.
- Disparities in Discipline: Data shows that certain groups—such as African American students and those receiving special education services—are disproportionately placed in DAEPs, raising serious concerns about equitable treatment.
- Repeat Placements: Many students who are placed in DAEPs end up referred multiple times, hindering their ability to make consistent academic progress and increasing their risk of being held back.
- Elevated Dropout Rates: Students placed in DAEPs during pivotal years, such as eighth and ninth grade, face a heightened risk of dropping out of school altogether, jeopardizing their long-term prospects.
Rather than supporting students, DAEP placements frequently contribute to significant setbacks in their academic, emotional, and social development. If your child is facing a DAEP referral, understanding these impacts and advocating for fair treatment is critical to safeguarding their future.
How the Lento Law Firm Can Help
Dealing with the possibility of your child being assigned to a DAEP in Sugar Land can be a daunting and emotional experience. You shouldn't have to face these challenges on your own, and not every local attorney has the necessary knowledge or experience to handle the complexities of student disciplinary cases. The Student Defense Team at the Lento Law Firm has a wealth of experience in handling these issues across Texas and beyond. With a conveniently located office in Houston, TX, our attorneys possess in-depth knowledge of Texas education laws and are dedicated to protecting the rights of students at every stage of the process. Here's how we can assist you:
- Examining Disciplinary Policies: Schools must follow specific rules for DAEP placement. Our Student Defense Team will review your child's school district policies to ensure procedures are followed and their rights upheld.
- Fighting for Fair Treatment: If the punishment seems excessive for the alleged misconduct, we'll challenge it. Our goal is to advocate for a fair outcome that supports your child's education and well-being.
- Providing Support for the Disciplinary Conference: Disciplinary meetings and appeals can be stressful. We'll guide you through the process, offer advice, and help you present your child's case effectively. When appropriate, we'll negotiate with school administrators to find a resolution in your child's best interest.
- Defending Students' Rights: We work to protect your child's legal and educational rights, minimizing any long-term impact on their academics or emotional health.
The prospect of your child being referred to DAEP in Sugar Land can be a humiliating and intimidating experience, but you and your child do have rights--and you shouldn't have to face these issues on your own. You don't have to go through this alone. The Lento Law Firm's Student Defense Team can greatly improve your child's chances of avoiding DAEP placement and finding a better solution that keeps their welfare in mind. Schedule a consultation with the Lento Law Firm today by calling 888-535-3686 or filling out our online contact form.
