Texas DAEP Student Defense - Tyler

When your child gets into serious trouble at school, it can feel like the entire world has been turned upside down. As the parent of a K-12 student in Tyler, TX, you're placing a measure of trust in your child's school when you send your child there. As parents, we know kids make mistakes—that's part of growing up. We trust schools to handle these situations with fairness and to impose penalties that are appropriate and measured. However, if your child has been accused of violent or significantly disruptive behavior, the school may decide to place them in a Disciplinary Alternative Education Program (DAEP). While DAEP is sometimes necessary in extreme cases, it's important to understand the impact this type of punishment can have on a child's education and well-being.

DAEP is an exclusionary form of discipline, meaning your child will be removed from their regular school environment and placed in an alternative setting. While this might sound like a straightforward solution, the reality is more complicated. DAEP can disrupt your child's academic progress, remove them from important social networks, and potentially stigmatize them in the eyes of peers and educators. The consequences of such a placement can extend far beyond the classroom, affecting their self-esteem and future opportunities. Additionally, not every child assigned to a DAEP placement deserves to be there. Misunderstandings, insufficient evidence, or overly harsh disciplinary policies can lead to unfair punishment of your child.

In times like these, you need to know that you and your child have the right to due process, including the right to a hearing and the right to have an attorney. You don't have to accept a DAEP placement without ensuring the decision was fair, justified, and aligned with district policies. However, local attorneys often lack the experience or legal knowledge of education law to make an effective defense. At the Lento Law Firm, our Student Defense Team has extensive experience navigating the DAEP process for families like yours. We help students nationwide, but the attorneys at our Dallas location have specific knowledge and experience with the Texas Education Code and school policies. We actively work to prevent unnecessary DAEP placements by assisting you with your defense and making sure your rights are duly enforced. If your child has already been placed in DAEP unfairly, we can work toward their reinstatement in their regular school environment. Don't face these challenges alone; call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.

Overview of DAEP in Texas

In the state of Texas, a Disciplinary Alternative Education Program (DAEP) serves as a disciplinary option for addressing severe student misconduct while still allowing students to continue their education in an alternative setting. Its primary function is to serve as an alternative to suspension or expulsion, enabling students to continue their education while still removing them from the normal classroom environment. DAEP is just one of the provisions made under the Texas Safe Schools Act; a law passed in 1995 to ensure school environments remain secure and orderly. This legislation, now embedded in the Texas Education Code, provides a reasonably uniform framework for addressing student misbehavior. Under this law, each school district is required to establish a Student Code of Conduct that clearly defines behaviors that could result in disciplinary actions, such as suspension, expulsion, or assignment to a DAEP.

For certain offenses, placement in DAEP is mandated by law. These include serious incidents like physical assaults causing injury, drug-related activities, or felony-level offenses. The goal of DAEP is to uphold the integrity of the school environment while providing a constructive response to significant behavioral challenges.

Although meant to be temporary, DAEP placements can last for extended periods—sometimes weeks or months—depending on the circumstances. Decisions regarding the duration and other details of placement are informed by the local district's Code of Conduct. Parents have the right to attend a conference with school administrators before their child is placed in DAEP, where school personnel explain the rationale behind the decision. This meeting also provides an opportunity for families to share their side of the story and advocate on behalf of their child. In more urgent situations where a student's actions pose an immediate threat to the school's safety or operations, Texas law allows for an emergency removal to DAEP. When this occurs, the school is required to promptly notify parents and schedule a conference within 10 days to review the case and discuss the placement.

School Districts in Tyler, TX

Most of Tyler Proper is served by the Tyler Independent School District (TISD), which administers two main high schools, four middle schools, and 15 elementary schools with a combined enrollment of more than 18,000 students. Portions of southeast Tyler fall within the Whitehouse Independent School District, and parts of the easternmost parts of Tyler are part of the Chapel Hill Independent School District.

Each of these districts has a published Student Code of Conduct, which details the school's disciplinary processes and criteria for DAEP placement in compliance with the Texas Education Code. For example, the TISD Student Code of Conduct categorizes prohibited behaviors as Level I, Level II, Level III, and Level IV offenses and outlines disciplinary actions for them:

• Level I offenses (e.g., dress code violations, smoking, profanity) are considered minor and correctable by school staff.
• Level II offenses (e.g., bullying, theft, fighting) may be subject to DAEP placement at the discretion of school administrators.
• Level III offenses require mandatory DAEP placement (see section below).
• Level IV offenses (e.g., weapons violations and aggravated felonies) are subject to mandatory expulsion, but most expelled students may still be placed in DAEP.

Among these offenses, Level II offenses leave the most room for possible unfair treatment of a child because placement in the DAEP is at the discretion of school administrators and not required by law.

Types of Offenses That May Lead to a DAEP Referral

Public school districts in Tyler follow clearly defined rules about when a student may be referred to a Disciplinary Alternative Education Program (DAEP). These rules are detailed in the district's Student Codes of Conduct, documents that are accessible to both parents and students (for example, Level III offenses listed in the TISD Code of Conduct as mentioned above). These typically include actions such as:

• Causing physical injury through assault – Situations involving intentional aggression that results in harm to another individual often lead to immediate disciplinary measures.
• Drug or alcohol-related offenses – The possession, use, sale, or distribution of drugs or alcohol on school property can result in DAEP placement due to the severity of these violations.
• Possession of weapons or dangerous items – Finding a student with items such as firearms, knives, or other potentially harmful objects on campus is grounds for mandatory placement under state law.
• Harassment or threats against school personnel – Behavior that involves intimidation or threatening actions directed at school staff is treated with the utmost seriousness.
• Felony-level actions – Any behavior that qualifies as a felony offense may also mandate placement in DAEP.

Parents and students have the right to be fully informed about the reasons for a referral to DAEP. Generally, a conference is organized where school officials present the allegations, and families are given the opportunity to advocate for their child and share their perspective regarding the situation.

Limitations to DAEP Placement

Although DAEP serves as an important tool for managing serious behavioral issues, its use is not without complications. Removing a student from their regular classroom can interrupt learning, hinder social relationships with peers, and create feelings of isolation. Research further suggests that exclusionary practices like DAEP assignment may have lasting negative impacts on a student's academic performance and emotional well-being. Of particular concern are findings that show students of color often face DAEP referrals at disproportionately high rates, raising questions about equity in the system.

To address these concerns, schools must follow strict guidelines when assigning DAEP placement. Minor infractions are not intended to result in DAEP referrals, and all decisions should adhere to fair and transparent criteria.

The Texas Education Code also requires administrators to consider mitigating factors before finalizing a DAEP placement. These include:

• Whether the student acted in self-defense.
• The intention behind the student's actions.
• The student's previous disciplinary record.
• The impact of any disabilities that may have influenced the behavior.
• Whether the student is in protective services or experiencing homelessness.

By taking these factors into account, administrators can ensure that DAEP placement decisions are both appropriate and fair to the student involved.

Unfair DAEP Placements

While DAEP programs are designed to handle serious disciplinary concerns, there are times when students are assigned to them unjustly. These situations can be incredibly upsetting for both the student and their family, especially when the placement seems unwarranted. Some common examples of unfair DAEP assignments include:

• Mistaken Identity or False Accusations – Students may be wrongly blamed due to insufficient evidence or mistaken identity. Misunderstandings or personal biases often play a role in leading to undeserved consequences for innocent individuals.
• Proximity to an Incident – Merely being nearby when misconduct happens can result in a student being referred to a DAEP even if they were not actively involved.
• Disproportionate Discipline – There are cases where the level of punishment doesn't align with the behavior in question. Minor infractions may lead to DAEP placement, sometimes influenced by preconceived biases from school personnel, causing unnecessary disruption to a student's education.

The Negative Impact of DAEP in Texas

Although these programs aim to address behavioral issues while providing an educational option, the effects of DAEP placement often produce more harm than good. Students can face significant setbacks, including:

• Substandard Education – Academic programs in DAEP settings frequently fail to meet the quality of instruction offered in traditional schools. Students often lag behind, and after an average two-month stay, they may struggle to catch up upon returning to their original school.
• Attendance Issues – Transportation to DAEP facilities is often limited, resulting in increased absences that further disrupt a student's academic trajectory.
• Harsh Penalties for Minor Missteps – Students are sometimes referred to DAEP for behaviors that, while inappropriate, don't break laws. This can unfairly stigmatize young individuals, treating them as lawbreakers and potentially increasing the likelihood they follow such a path in the future.
• Racial Disparities – Data reveals patterns of disproportionate DAEP referrals for groups like African American students and those receiving special education services, sparking concerns about fairness and equality.
• Cycle of Reassignments – Many students sent to DAEP end up referred multiple times, disrupting their academic momentum and increasing the likelihood they fall behind or face grade retention.
• Heightened Dropout Risk – Students placed in DAEP during critical grades, like eighth and ninth, are significantly more likely to drop out of school entirely, jeopardizing their potential for long-term success.

Instead of fostering growth and improvement, DAEP placements often create roadblocks in academic development, emotional growth, and social stability. If your child is facing a DAEP referral, it's essential to understand these risks and advocate for fair and appropriate treatment to protect their future.

How We Help with DAEP Issues in Tyler, TX

Facing the possibility of your child being placed in a DAEP in Tyler can feel overwhelming and unsettling. It's a complex and emotional situation for any family, and navigating it alone can be a challenge. You have the right to legal counsel in these matters, but not all attorneys are equipped with the experience or insight needed to handle the complexities of student disciplinary cases. That's where the Lento Law Firm comes in. Our Student Defense Team has extensive experience in dealing with these cases throughout Texas and beyond. With an office conveniently located in Dallas, TX, we have a deep understanding of Texas education laws and a commitment to safeguarding your child's rights.

Here's how we can help:

• Analyzing School Policies – Schools are required to adhere to clear protocols when recommending DAEP placements. Our team will carefully examine your school district's policies to ensure all procedures are followed, and your child's rights are protected.
• Advocating for Your Child – Sometimes, disciplinary actions are harsher than necessary. If your child's punishment does not align with the alleged conduct, we'll help you contest the punishment. Our priority is achieving a resolution that preserves your child's education and emotional health.
• Guidance Through Disciplinary Conferences – Navigating meetings and appeals within the school system can be intimidating. We'll guide you through every aspect of the process, help you prepare, and work with you to present a strong case. When appropriate, we will negotiate with school officials to reach a more favorable solution for your child.
• Defending Legal and Educational Rights – We are dedicated to protecting your child's future by minimizing any long-term harm to their academic record or overall well-being during these proceedings. In rare cases where the school is blatantly ignoring the law and denying your child due process, we can even explore your options for litigation.

The thought of your child being referred to a DAEP in Tyler can be disheartening and even embarrassing, but you and your family are not powerless. With the help of the Lento Law Firm's Student Defense Team, you'll have the advocacy and knowledge needed to push back against unwarranted penalties and protect your child's educational journey. Reach out to the Lento Law Firm today to schedule a consultation by calling 888-535-3686 or filling out our online contact form.