If you're a parent of a K-12 student in Victoria, Texas, facing the possibility of your child being placed in a Disciplinary Alternative Education Program (DAEP), you're likely experiencing a mix of concern, frustration, and uncertainty. When children make mistakes, we expect schools to respond with guidance and fair consequences. However, in some situations, schools may impose penalties that go beyond what feels reasonable, and for serious allegations like violent or disruptive behavior, administrators may push for DAEP placement instead of suspension or expulsion.
While there are cases where DAEP may be a viable option by offering an alternative for students who may need a different environment, it's also an exclusionary punishment that could isolate your child from their peers, disrupt their learning, and leave a lasting impact on their educational experience. There are also times when such a decision may be unfair or based on incomplete or misrepresented information. Parents and students in these situations need to know they have rights and options.
At the Lento Law Firm, our Student Defense Team has substantial experience helping families like yours stand up for their child's rights and ensure they are treated fairly under the law. The education law attorneys at our Austin, TX location have a deep understanding of Texas education law, DAEP policies, your child's right to due process, and how to advocate for what is best for their future. Whether your child attends Victoria East High School, Cade Middle School, or Guadalupe Elementary...if your child is at risk of being placed in a DAEP, we can work alongside you, exploring all possible avenues to keep your child in their regular learning environment or to have them reinstated if a DAEP placement was unwarranted. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or complete our contact form.
Public Schools in Victoria, TX
The City of Victoria is served exclusively by the Victoria Independent School District (VISD), the largest school district in the region, enrolling more than 13,000 students across two high school campuses, four middle schools, and 14 elementary schools. Recognized as a District of Innovation by the Texas Department of Education, VISD offers "specific innovations in curriculum, instruction, parent and community involvement, and other innovative educational ideas," according to their website. Smith STEM Academy and STEM Middle School, in particular, offer specialized STEM education pathways for their students.
DAEP in Texas: How It Works
Passed in 1995, the Texas Safe Schools Act created a uniform set of disciplinary protocols for Texas. Now embodied in the state's Education Code, these rules are designed to promote a secure and orderly atmosphere that supports student learning. Among the requirements: Every public school district is required to adopt a Student Code of Conduct, which specifies behaviors or situations that might lead to disciplinary measures. These measures can range from suspensions and expulsions to placements in Disciplinary Alternative Education Programs (DAEP).
State law mandates DAEP placement for specific violations, such as those involving physical violence, drug or alcohol use, or felony-level offenses. However, in other scenarios, the decision to assign a student to DAEP is generally left to the judgment of the school authorities. Before placing a student in DAEP, schools are required to hold a conference with the student's parents. During this meeting, administrators explain the details of the incident and the reasoning behind the decision, and allow the family to give their input.
When a student's behavior is highly disruptive or dangerous, schools have the authority to make an immediate, emergency DAEP placement. Following such emergency placements, parents must be promptly informed, and a formal conference must occur within 10 days to thoroughly review the incident.
Behaviors That May Result in DAEP Placement
The Student Code of Conduct for each district explains the disciplinary process, including potential DAEP assignments, to help families understand school policies. While the exact details of what leads to DAEP placement may vary between districts, there are certain types of behavior that commonly result in this type of disciplinary action. Examples include the following:
- Drug and Alcohol Violations: This includes possession, use, sale, or distribution of illegal substances or alcohol on school property.
- Physical Assault Causing Injury: Engaging in fights or physical confrontations that cause harm to others often leads to serious consequences.
- Harassment of School Staff: Any behavior that intimidates, threatens, or shows disrespect toward school employees is treated as a major violation.
- Possession of Prohibited Items: Weapons such as guns, knives, or other banned objects lead to mandatory disciplinary action under state law.
- Criminal-Level Offenses: Actions that qualify as felonies under Texas law are generally followed by mandatory placement in DAEP.
State Limits to DAEP Placement
Although DAEP is designed to serve as an alternative to suspension or expulsion, it can also do more harm than good for the student. As an exclusionary form of punishment, it separates students from their regular school setting, which research has shown can hinder both academic achievement and social growth. Additionally, there are higher risks to certain groups, such as students of color, who are disproportionately impacted by these assignments, raising serious concerns about fairness in the disciplinary process.
To tackle these challenges, the Texas Education Code places strict limitations on the use of DAEP, reserving it for significant violations only. While schools have some discretion in assigning DAEP placements, their decisions must comply with legal requirements and remain impartial.
State regulations also require schools to consider certain mitigating factors before deciding on DAEP placement. These include examining whether:
- The student acted in self-defense
- The behavior was intentional
- There is a history of disciplinary violations
- A disability may have influenced their actions
- The student is in foster care or protective custody
- The student is experiencing homelessness
Unwarranted DAEP Placements in Victoria, TX
Unfortunately, some students attending school in VISD may find themselves placed in DAEP under questionable or unjust circumstances. For families, this situation often brings confusion and stress as they work to understand the school's reasoning and defend their child. Below are examples of scenarios where DAEP placement may be inappropriate or unfair:
- Insufficient Evidence: Sometimes, students face punishment based on weak or unreliable information. Without a thorough investigation, a child could be penalized for something they didn't do.
- Wrongful Association: Being near an incident can lead to misplaced blame, even when the student had no direct involvement in the situation.
- Excessive Discipline: Minor misbehavior can result in overly harsh penalties. This may stem from biases or poor judgment by school officials.
- Procedural Errors: Schools must follow certain protocols when assigning DAEP placements. Failing to properly notify parents, lacking sufficient evidence, or denying a student the chance to explain their side can invalidate a decision.
If you believe your child's placement in DAEP is unjust, you have the right to demand clear justification for the school's decision and have the right to challenge it. A skilled education law attorney can provide the guidance and resources you need to ensure your child is treated fairly and that their education and well-being remain protected.
Unintended Negative Consequences of DAEP Placement in Texas
Although DAEPs are intended to address disciplinary issues in a structured environment, these programs typically prioritize maintaining school order over supporting the student's growth, which may cause negative impacts to the student's educational journey. Below are some of the most significant drawbacks associated with these programs:
- Lowered Educational Quality: The level of instruction in many DAEPs does not match what students receive in traditional classrooms. This disparity can leave students struggling academically, making it harder for them to catch up once they return to their regular school.
- Damaging Stigma to the Student: Students assigned to DAEP can feel unfairly labeled or stigmatized for relatively minor infractions. These feelings of alienation may even increase the risk of future negative behavior rather than resolve the initial issue.
- Challenges with Attendance: Transportation to DAEP campuses is often unreliable or unavailable, meaning students may miss more days of school. This contributes to further academic disruption and disengagement.
- Unequal Impact on Certain Groups: Evidence suggests that some groups, including African American students and those with special education needs, are disproportionately referred to DAEPs. This imbalance highlights deeper equity concerns within the disciplinary system.
- Vicious Cycle of Placement: For some students, a single DAEP placement can lead to a cycle of repeated removals and reassignments. This instability creates ongoing disruptions in their education and contributes to diminished academic outcomes, such as grade failure.
- Increased Risk of Dropping Out: Young students, especially those in middle school or early high school, are significantly more likely to leave school entirely after experiencing a DAEP placement. This limits their opportunities for long-term success and future growth.
Though DAEPs are presented as a temporary solution, the unintended consequences can leave a lasting mark on students' educational journeys and future opportunities. Families facing this situation should take a closer look at their child's placement and explore options for minimizing these impacts. Seeking the assistance of education law professionals can be an important step in protecting a child's rights and ensuring they receive the education and support they need to thrive.
The Lento Law Firm: Defending Your Child's Rights in Victoria, TX
If your K-12 student is facing the possibility of placement in a DAEP in Victoria, the potential impact on their education and personal growth cannot be understated. This type of exclusionary discipline can leave lasting consequences, and if you believe the school is unfairly punishing your child, it's crucial to step in and advocate for their rights. Schools often prioritize their own policies over a student's best interests, which is why having skilled legal support on your side can make all the difference. While many attorneys may offer to take on your case, it's important to choose legal representation with specific experience in education law. A lack of experience in this area could put the success of your case at risk.
At the Lento Law Firm, our Student Defense Team provides experienced and dedicated support to families in Texas, including in Victoria. With a local office conveniently located in Austin, our attorneys possess in-depth knowledge of Texas education laws as well as the unique policies of the VISD. We work closely with you to ensure fairness and proper treatment of your student throughout the disciplinary process. We can help by:
- Evaluating School Policies: We thoroughly review your school district's rules and procedures regarding DAEP placements. This allows us to uncover procedural errors, policy violations, or any actions that may be infringing on your child's rights.
- Promoting Equitable Outcomes: If the disciplinary action imposed on your child is excessive or unjustified, we will work to contest the decision. Our goal is to seek alternative solutions that better align with your child's educational and personal needs.
- Representation During Hearings: Disciplinary hearings can be intimidating, especially when your child's future is at stake. We provide guidance and representation during these meetings or appeals, ensuring your voice is heard. When permitted, we directly negotiate with school administrators and the school's general counsel to advocate for your child's best interests.
- Protecting Legal Rights: If the school violates your child's rights, we take firm action to hold them accountable. Whether through negotiation or, if necessary, legal proceedings, we work to ensure your family receives justice.
Every student deserves equitable treatment, due process, and access to a quality education. At the Lento Law Firm, our experienced Student Defense Team is ready to stand with you and fight for your child's rights, whether they're attending Rowland Elementary, Howell Middle School, or Victoria West High School. Call the Lento Law Firm today at 888-535-3686 or complete our contact form to schedule a consultation.
