As a parent of a school-aged child in Wichita Falls, TX, you naturally want what's best for your child. We all know kids make mistakes—it's a part of growing up. Texas schools have rules in place to maintain a safe and productive learning environment for all students, and you expect that if your child crosses the line from time to time, those rules will help them get back on track. However, when a K-12 student is accused of serious misconduct, the consequences can be significant. If your child's actions are deemed particularly violent or disruptive, administrators may recommend placement in a Disciplinary Alternative Education Program (DAEP). While DAEP placement is an alternative to expulsion and, at times, necessary to ensure school safety, it's also an exclusionary form of discipline that can disrupt your child's education and emotional well-being.
For many families in Wichita Falls, the idea of DAEP raises serious concerns. Students in these programs are removed from their regular peers and classroom environments, creating a potentially isolating experience that impacts academic progress and personal confidence. Unfortunately, DAEP placements are not always fair. Mistakes in judgment can happen, and sometimes, disciplinary actions are based on misunderstandings, biases, or incomplete investigations. This is where understanding your rights becomes essential.
Your child has the right to due process when facing a DAEP referral, and you have the right to challenge decisions that may unfairly impact your child's future. You also have the right to retain legal counsel to assist with these matters, but unfortunately, many local attorneys lack the specific knowledge of student disciplinary matters to help protect your child's interests.
At the Lento Law Firm, our Student Defense Team helps families like yours stand up for their rights and work toward the best possible outcomes in all K-12 disciplinary matters. From our nearby Dallas, TX, offices, our attorneys have years of experience addressing school disciplinary actions across Texas. We understand the complexities of DAEP placements and know the strategies needed to give your child the best chance at avoiding these programs. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or use our convenient online form.
What Is DAEP in Texas?
In Texas, school discipline policies are guided by the Texas Safe Schools Act, which was introduced to promote safety and maintain order within school environments. This legislation, now part of the state's Education Code, established clear disciplinary standards, ensuring that schools handle misconduct in a structured and consistent way. One aspect of the law mandates that every school district adopt a Student Code of Conduct. These codes outline the specific behaviors and circumstances under which students may face discipline, including suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP).
DAEPs are designed to address serious behavioral issues while ensuring that students continue to receive an education, often as an alternative to expulsion. Depending on the severity of the alleged misconduct, state law requires DAEP placement in certain circumstances. For example, actions such as assault causing bodily injury, conduct tied to drug or alcohol use, or behavior punishable as a felony will typically result in DAEP placement. The intent of this process is to keep schools safe and ensure a stable environment for other students while still addressing behavioral concerns proactively.
The length of time a student may spend in DAEP can vary based on the specific situation and the recommendations of school administrators. Placements are often temporary but can sometimes last for several weeks or months. However, each case is unique, and the district's code of conduct often plays a role in determining timelines. Before the child is removed to DAEP, parents are entitled to attend a conference where administrators review the situation, provide reasoning for placement, and allow families to advocate for their child. However, the Texas Education Code does provide for emergency removal to DAEP in situations where the student's unruly behavior severely disrupts the teaching environment and/or school operations. In such cases, the parents must be notified, and a conference must be scheduled within 10 days of the removal.
School Districts in Wichita Falls
Wichita Falls is served by four distinct public school districts, each covering specific geographic areas and catering to the unique needs of its local student population. Understanding these districts can help parents better assess policies and programs that support their child's education.
- Wichita Falls Independent School District (WFISD): Covering much of Wichita Falls, WFISD is the largest district in the area, serving over 14,500 students. It spans a wide range of neighborhoods and is home to 20 elementary, three junior high, and three high schools.
- City View Independent School District: Serving the northwest part of Wichita Falls, this smaller district serves approximately 1,100 students, with one elementary school and one junior-senior high school.
- Burkburnett Independent School District: Situated to the north of Wichita Falls, including portions of Sheppard Air Force Base, Burkburnett ISD serves around 3,500 students. Its schools provide comprehensive academic and extracurricular opportunities while maintaining clear-cut disciplinary policies.
- Iowa Park Consolidated Independent School District: Covering the western portion of Wichita Falls and surrounding areas, Iowa Park CISD educates roughly 1,850 students with two elementary schools, one middle school, and one high school.
Types of Offenses that May Trigger a DAEP Referral
Each school district in Texas establishes specific criteria within its Student Code of Conduct regarding criteria for student placement in DAEP. These guidelines must be made accessible to students and parents, ensuring transparency in the disciplinary process. Though individual districts set their own policies, many share common types of offenses that may lead to DAEP placement. Some common examples of offenses include.
- Assault causing bodily injury: Any physical attack resulting in harm to another individual may prompt immediate referral.
- Drug or alcohol-related conduct: This includes possession, use, sale, or distribution of illegal substances or alcohol on school property.
- Possession of weapons: Bringing weapons such as firearms, knives, or other dangerous items to school is grounds for mandatory referral under Texas state law.
- Harassment of school employees: Threats, intimidation, or inappropriate behavior targeting school staff are treated with utmost seriousness.
- Other serious misconduct: This can include off-campus felony conduct that impacts school safety, public lewdness, retaliation, or false reports resulting in disruptions.
Schools are required to provide students and parents opportunities to understand the reasons for a DAEP referral, including attending a conference to discuss the alleged behavior. By knowing these potential triggers, you can better prepare to advocate for your child's rights and well-being throughout the disciplinary process.
Limitations to DAEP Placement
While DAEP serves as an alternative to suspension or expulsion, it is still an exclusionary form of punishment--meaning the child is separated from their peers and excluded from normal school activities--which research has shown to carry its own potentially negative consequences for the child. Additionally, DAEP tends to be disproportionately applied to students of color, creating racial disparity and inequity. For these reasons, the decision to place a child in DAEP cannot be arbitrary, and although school districts set their own criteria for such placements, they aren't supposed to refer a child to DAEP for minor offenses.
In addition, the Texas Education Code requires school administrators to take certain mitigating factors into account before making a final decision regarding DAEP referral. These factors include:
- Whether the student's actions were in self-defense
- The intent or lack of intent behind the conduct in question
- The student's disciplinary record
- If the student has a disability that affects their understanding of the conduct's wrongfulness
- Whether the student is under protective services
- If the student is experiencing homelessness
Ensuring these guidelines are followed could make all the difference in your child's case. Additionally, when your child is facing serious discipline issues from their school, such as DAEP, you have the right to retain legal counsel to help navigate the situation and ensure your child's rights are protected.
Unfair DAEP Placements
While DAEPs are designed to address serious misconduct, there are times when students may find themselves facing placement unfairly. These situations can create significant stress for families as they work to understand and challenge the decision. Here are a few common scenarios where a DAEP placement may be determined to be unjust:
- Falsely accused: Misunderstandings or bad information can lead to students being wrongly blamed for incidents they didn't commit. With limited evidence or biased views, innocent students may face unnecessary disciplinary actions.
- Wrong place, wrong time: Students may get accused of wrongdoing just by being present when misconduct happens. They might be unfairly labeled as participants or accomplices, even without playing an active role.
- Excessive punishment: Sometimes, disciplinary actions are harsher than the offense warrants. For example, a minor mistake that results in DAEP placement can harm the student's academic and emotional well-being.
- Lack of due process: Errors in following procedures—like not informing parents, gathering enough evidence, or allowing the student to respond—can result in unfair placements.
The Negative Impact of DAEPs in Texas
Transferring students to Disciplinary Alternative Education Programs (DAEPs) often leads to significant drawbacks despite their intent to address behavioral issues. Key concerns include:
- Reduced Educational Quality: Instruction in DAEPs is often inferior to traditional schools, making it hard for students to catch up academically after their average two-month stay.
- Attendance Issues: Poor transportation options lead to inconsistent attendance, further disrupting education.
- Over-Criminalizing Behavior: Students are frequently sent to DAEPs for behaviors that don't break the law, making them feel unfairly labeled as criminals when their issues could have been resolved in a more winsome way.
- Disproportionate Discipline: Research has shown that African American students and those in special education are often disproportionately placed in DAEPs, raising concerns about fair treatment.
- Repeat Referrals: One in three students referred to DAEPs experiences multiple placements, negatively impacting progress and increasing grade retention risks.
- Higher Dropout Rates: Students in DAEPs, particularly in eighth and ninth grades, are more likely to drop out, jeopardizing their long-term success.
- Connection to Juvenile Justice: DAEP placements are linked to higher chances of future involvement with the juvenile justice system.
These programs often harm students' academic, emotional, and social development more than they help. If your child faces a DAEP placement, it's essential to understand the consequences and advocate to protect their well-being.
How the Lento Law Firm Can Help
Facing a potential DAEP placement for your child in Wichita Falls can be overwhelming, but you don't have to navigate this complicated process alone. However, simply hiring a local attorney to help may be counterproductive because many attorneys lack the specific knowledge of student disciplinary issues to negotiate an appropriate resolution. The Lento Law Firm's Student Defense Team has extensive experience in this area, both in Texas and nationwide--and the attorneys at our nearby office in Dallas, TX, are particularly equipped with the knowledge of Texas education laws to ensure your child's rights are protected every step of the way. Here's how we can help.
- Reviewing disciplinary policies: Schools must follow specific guidelines when placing a student in a DAEP. Our Student Defense Team will carefully examine your school district's policies to ensure they've adhered to proper procedures and respected your child's rights.
- Advocating for fair treatment: If the punishment doesn't fit the alleged offense, we're here to challenge the decision. The Lento Law Firm will fight for a fair and reasonable outcome that prioritizes your child's well-being.
- Support during hearings: Disciplinary conferences or appeals can be stressful and intimidating for families. Our attorneys will provide the advice and support you need to present your case and defend your child against unjust treatment. When permitted and appropriate, we can also negotiate on your child's behalf with school authorities to work out a resolution that serves the child's best interests.
- Protecting students' rights: We work relentlessly to ensure that your child's legal and educational rights are safeguarded, helping to mitigate long-term effects on their academic and emotional health.
Whether your student attends Franklin Elementary, Wichita Falls Memorial High School, City View Junior/Senior High School, or any other K-12 school in the Wichita Falls area, you don't have to navigate your child's potential DAEP placement on your own. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online form.
