Texas DAEP Student Defense - Temple

As a parent of a K-12 student in Temple, Texas, nothing is more important to you than your child's well-being and success. Kids, like everyone else, make mistakes, and schools are supposed to be places where they can learn, grow, and move forward from those mistakes. The disciplinary process in Texas school systems is designed to maintain a safe, productive learning environment for all students. However, when a child is accused of behavior deemed violent or excessively disruptive, schools may take drastic measures by placing them in a Disciplinary Alternative Education Program (DAEP).

Intended as an alternative to suspension or expulsion, DAEP assignments are sometimes necessary for serious incidents. Yet, because it is an exclusionary form of punishment, DAEP often comes with significant downsides. While separated from their peers, students in DAEP may fall behind academically, face feelings of isolation, and experience long-term damage to their educational opportunities. Even more concerning is that in some instances, DAEP placements may be imposed unfairly or without proper justification, sidelining students who deserve a chance to remain in their regular school environment.

If your child has been accused of behavior that may lead to a DAEP placement, it's critical to understand that you and your child have rights. The school's decision to impose this punishment cannot go unchallenged if it was made hastily, inaccurately, or unfairly. You have the right to due process, and you don't have to face this situation alone. At the Lento Law Firm, our Student Defense Team understands how overwhelming this can feel for both you and your child. Our experienced education law attorneys in Austin, TX, are well-versed in Texas educational laws and school policies, including those affecting families in Temple. Whether your child attends Jefferson Elementary or Temple High School, our team will navigate this situation with you and the school to help find the best possible resolution, one that best serves your child's educational future. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or complete our online contact form.

Overview of DAEP in Texas

In Texas, a Disciplinary Alternative Education Program (DAEP) is designed as a way to handle serious student misconduct while ensuring that students can still access education in a separate setting. Rather than resorting to suspension or expulsion, this option removes students from regular classrooms and places them in an alternative environment. DAEPs were established by the Texas Safe Schools Act, passed in 1995, to foster secure, orderly campuses. This act, now integrated into the Texas Education Code, provides a standardized approach for dealing with student behavior across all districts. Each district is required to create a Student Code of Conduct, which outlines specific actions that could result in disciplinary measures such as suspension, expulsion, or assignment to a DAEP.

For certain infractions, placement in DAEP is mandatory under state law. These include severe incidents such as physical assaults causing injury, drug-related violations, or felonies. The intention behind DAEP is to protect the school environment while addressing serious behavioral concerns constructively. While DAEP is intended to be temporary, assignments can last for weeks or even months, depending on the incident and district policies. The duration and specifics of the placement are guided by the local district's Code of Conduct.

Before a child is assigned to DAEP, parents have the right to meet with school officials to discuss the reasons for the decision. This meeting allows families to voice their concerns, provide additional context, and advocate for their child. When an urgent response is needed—for instance, if a student's behavior creates an immediate threat to the safety or function of the school—state law permits emergency placement into DAEP. Even in these situations, schools must notify parents without delay and schedule a follow-up meeting within 10 days to review the decision.

School Districts in Temple, TX

The vast majority of the City of Temple is served by the Temple Independent School District (TISD). This district administers 16 schools and educates approximately 8,600 students from early childhood to 12th grade. TISD offers a diverse range of programs and services to meet the needs of its students, 70.5% of whom are economically disadvantaged.

Other school districts serving smaller portions of Temple, TX include:

• Belton Independent School District (BISD): Covering some of the western portions of Temple, along with Belton and surrounding areas, BISD serves over 13,000 students across 20 campuses, including 12 elementary schools, 4 middle schools, and 3 high schools. Known for its rapid growth, BISD is a hub for families seeking academic excellence and extracurricular opportunities.
• Troy Independent School District: Located just north of Temple, Troy ISD serves 1600 students across its elementary, middle, and high schools, including students in the northern parts of Temple. The district is recognized for its strong graduation rate of 99.1% and a close-knit community atmosphere.
• Academy Independent School District: Situated southeast of Temple, Academy ISD is a smaller district that includes about 1100 students. It serves students in the Academy area and southeast parts of Temple, focusing on fostering academic and personal growth.

Types of Offenses That May Lead to a DAEP Referral

School districts in Temple, like others in the state, outline clear rules for when a student can be referred to a DAEP. These guidelines are detailed in their Student Codes of Conduct, which are made publicly accessible to families. Common offenses that may result in DAEP placement include:

• Physical assault causing injury – Cases of intentional harm to others often lead to immediate disciplinary action.
• Drug and alcohol violations – Possession, use, distribution, or sale of prohibited substances on school grounds are considered serious breaches of conduct.
• Possession of weapons or dangerous items – Bringing firearms, knives, or other dangerous objects to school mandates DAEP placement under state law.
• Threats or harassment directed at staff – Any form of intimidation or threats toward school personnel is treated with significant caution.
• Felony-level conduct – Engaging in felonious activities results in mandatory placement in accordance with state regulations.

Parents and students must be informed of the specific reasons for a referral to DAEP. When a referral is initiated, schools typically hold a conference where administrators explain the allegations and give families an opportunity to present their side of the story and advocate for the child.

Limitations/Drawbacks to DAEP Placement

While DAEP is a tool for addressing serious disciplinary issues, it does come with significant challenges. Removing a student from their everyday classroom environment can disrupt their education, strain peer relationships, and leave them feeling isolated. Studies have shown that exclusionary measures like DAEP placements may negatively impact a student's academic progress and emotional health. Even more concerning are reports indicating that students from minority communities often face these disciplinary actions more often than their peers, raising concerns about equity within the system.

To help mitigate these issues, schools are required to follow strict procedures when considering a DAEP referral. Minor incidents should not result in such punitive measures, and all decisions must be guided by clear, equitable standards.

The Texas Education Code also mandates that administrators evaluate specific mitigating factors before assigning a student to a DAEP. These include:

• Whether the student was acting in self-defense.
• The intent behind the student's behavior.
• The student's prior disciplinary history.
• The presence of disabilities that may have influenced their actions.
• Whether the student is in foster care or experiencing homelessness.

Unfair DAEP Placements

Although DAEPs are designed for legitimate disciplinary situations, mistakes can and do happen, leading to unfair assignments. Some examples of inequitable DAEP referrals include the following:

• Mistaken Identity or False Claims – Students may face consequences for incidents they did not commit due to errors in judgment, mistaken identity, or insufficient evidence. Biases or misinterpretations can sometimes lead to undeserved penalties.
• Being in the Wrong Place – Simply being near an incident can result in a DAEP referral, regardless of whether the student was actually involved in the misconduct.
• Disproportionate Punishment – There are times when the severity of the disciplinary action doesn't match the nature of the infraction. Minor violations may unjustly lead to DAEP assignments, often influenced by preconceived biases from school staff.

Such situations not only disrupt a child's learning but also risk damaging their long-term trust in the educational system.

The Negative Impact of DAEP in Texas

DAEP placement outcomes often lead to unintended consequences that can harm students more than help them. Children placed in these programs frequently face significant challenges, such as:

• Inferior Education – The quality of instruction in DAEP is often below that of regular classrooms. After spending an average of two months in these programs, many students struggle to reintegrate and catch up academically once they return to their original school.
• Attendance Challenges – Limited access to transportation for DAEP facilities can lead to frequent absences, further disrupting a student's education and making it harder for them to stay on track.
• Severe Penalties for Minor Behaviors – Students are sometimes sent to DAEP for conduct that, while improper, does not violate laws. This can unfairly label children as troublemakers and may even steer them toward more serious behavioral issues down the road.
• Disparities in Referrals – Data has consistently shown that certain groups—including African American students and those in special education programs—are disproportionately referred to DAEP, raising concerns over fairness and equity in disciplinary practices.
• Repetitive Assignments – A significant number of students placed in DAEP are referred again and again, creating a cycle of academic disruption that often hinders progress and increases the risk of being held back a grade.
• Higher Dropout Rates – DAEP placements during pivotal grades, such as eighth or ninth, greatly increase the chance that students will drop out altogether, significantly limiting their future opportunities.

Rather than fostering growth, DAEP assignments can block academic progress, harm emotional well-being, and destabilize social ties. For many students, these placements become a barrier rather than a bridge to success.

If your child is facing a referral to DAEP, it's vital to recognize the potential risks associated with these programs. Advocating for a fair review of your child's case can make a meaningful difference in ensuring their educational and emotional well-being.

How We Assist with DAEP Issues in Temple, TX

When your child is at risk of being assigned to a DAEP in Temple, it can be a distressing and confusing experience for your entire family. Not only may you experience feelings of overwhelm and dismay, but if you're not fully apprised of your child's rights, there's a decent chance their rights could be violated without your knowledge. While you have the right to seek legal representation, not all attorneys at the local level possess the legal knowledge required to handle the intricate nature of school disciplinary cases.

The Lento Law Firm's Student Defense Team brings many years of experience in handling student disciplinary cases across Texas, backed by our in-depth knowledge of state education laws. From our local offices in Austin, TX, our education law attorneys are committed to protecting your child's rights and ensuring they receive fair treatment.

Here's how we can support you and your family during this process:

• Reviewing School Policies – Schools must follow specific rules when recommending DAEP placements. Our team will thoroughly evaluate the school district's policies to confirm that proper procedures were followed, ensuring your child's rights are respected every step of the way.
• Advocating for Fair Treatment – There are times when a disciplinary action seems harsher than necessary. If your child's punishment feels excessive compared to their alleged behavior, we will work to challenge the decision. Our focus is on finding a resolution that safeguards your child's education and emotional well-being.
• Supporting You During Conferences and Appeals – Facing disciplinary meetings and hearings can be intimidating for both parents and students. We will be by your side, helping you prepare for these discussions, presenting a strong case, and negotiating with school officials as appropriate to pursue a more favorable outcome for your child.
• Protecting Your Child's Legal and Educational Rights – Our team is dedicated to minimizing any lasting damage to your child's academic record or personal development. Should a school fail to comply with the law or deny your child due process, we have the knowledge and experience to explore further legal options if necessary.

Dealing with the possibility of DAEP placement can feel discouraging, but you don't have to face these concerns on your own. The Lento Law Firm's Student Defense Team is here to empower your family with the knowledge and advocacy needed to fight for a fair outcome. To learn more about how we can assist, contact us at 888-535-3686 or fill out our online form to schedule a consultation today.