Texas DAEP Student Defense - Wylie

As the parent of a K-12 public school student in Wylie, TX, you're entrusting the school daily with the education, care, and discipline of your child. While all children misbehave at some point, you naturally want to ensure that your child is treated fairly while still learning from their mistakes. When schools address student misconduct, we trust administrators to respond with measures that are both appropriate and just. However, if your child is accused of serious misbehavior, such as acts deemed violent or disruptive, you may find that they may face possible placement in a Disciplinary Alternative Education Program (DAEP).

DAEP placement is intended as an alternative to suspension or expulsion and is even mandated under Texas law for certain serious offenses. However, while DAEP serves a purpose in some situations, it is also an exclusionary form of punishment that can disrupt a child's educational experience, erode their confidence, and create barriers to their academic progress. These concerns become even more significant when DAEP placement is imposed unfairly or without proper consideration of the full circumstances.

As daunting as this situation may feel, you don't have to take a DAEP placement lying down. You and your child have some rights--including the right to due process and the right to challenge unfair penalties. You also have the right to hire legal representation--but the caveat here is that many local attorneys lack the necessary knowledge of Texas education law to make a positive difference in your case. At the Lento Law Firm, our Student Defense Team has both the knowledge of the law and the track record of success to give you the confidence to face these issues head-on. With an office conveniently located in Dallas, our team has helped many families in your situation deal with complicated school disciplinary issues and find solutions that work in the child's best interests rather than the school's convenience. Whether it's negotiating with administrators to avoid DAEP or advocating for your child's reinstatement if they've been placed unfairly, we are here to help. To schedule an appointment, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.

Overview of DAEP in Texas

The Texas Safe Schools Act, enacted in 1995, set a framework for maintaining safety and discipline in educational institutions across the state. It introduced standards for using Disciplinary Alternative Education Programs (DAEPs) as a response to significant student misconduct while ensuring students still have access to education. Now incorporated into the Texas Education Code, this act establishes uniform policies for addressing disruptive or dangerous behavior in schools. State law further requires each school district to implement a Student Code of Conduct, which details actions that may result in disciplinary measures like suspension, expulsion, or placement in a DAEP.

Certain serious violations automatically lead to mandatory DAEP placement under Texas law. These include incidents like physical assaults causing injury, drug-related offenses, or behavior that qualifies as a felony. The intent behind these placements is to maintain a secure school environment while addressing serious behavioral issues in a structured way.

When a DAEP placement or significant disciplinary action is proposed, families are given the right to meet with school administrators before the decision is finalized. During this meeting, officials present the reasoning behind the placement, allowing parents a chance to share their side of the story. However, in urgent situations where safety is at stake, schools may conduct an emergency placement into a DAEP. If this happens, parents must be informed promptly, and a follow-up meeting must be held within 10 days to evaluate and confirm the action taken.

School Districts in Wylie, TX

The City of Wylie straddles three counties. Most of the city lies within Collin County, but due to urban sprawl, portions of the city now extend into Dallas and Rockwall Counties. As a result, as many as six different school districts serve different sections of the city.

Most of Wylie falls within the jurisdiction of Wylie Independent School District, which enrolls more than 19,000 students across 20 total campuses. The portion of Wylie within Dallas County is served by Garland Independent School District and the portion in Rockwall County by Rockwall Independent School District. Beyond that, students within the outlying parts of Wylie may fall within one of the following:

• Community Independent School District
• Plano Independent School District
• Princeton Independent School District

Offenses That Could Lead to a DAEP Placement

Public schools within Wylie, TX, follow guidelines outlined in their individual Student Codes of Conduct to determine when a student may need referral to a Disciplinary Alternative Education Program. These documents, readily available to families, clearly identify the types of behaviors that can prompt such decisions. Some of the most common behaviors triggering DAEP placement include the following:

• Intentional physical harm (assault): Deliberate acts of physical injury to another person often result in immediate significant disciplinary measures.
• Drug or alcohol violations: The possession, use, sale, or distribution of illegal substances or alcohol on school property is taken very seriously and often leads to DAEP placement.
• Weapons or dangerous items: Bringing weapons such as firearms, knives, or other hazardous objects onto school grounds is a major violation with severe consequences.
• Threats or harassment of staff: Any behavior involving intimidation or threats directed at teachers or other staff members is handled with strict disciplinary responses.
• Felony-equivalent actions: Any conduct that meets the legal criteria of a felony will mandate placement in a DAEP.

Parents must receive full transparency regarding the reasons behind a DAEP referral. Schools are expected to schedule a disciplinary conference to review the incident, present findings, and give families the opportunity to advocate for their child and provide additional context to the situation.

Challenges and Limitations of DAEP Placement

Disciplinary Alternative Education Programs (DAEP) can be a necessary intervention for addressing serious behavioral concerns, but at the same time, removing students from their typical classroom setting can disrupt their education, isolate them from peers, and create feelings of exclusion. Research has revealed that exclusionary discipline approaches like DAEP assignments can contribute to negative long-term effects, including hindered academic success and emotional distress. Additionally, studies show that students of color are disproportionately referred to DAEP, raising urgent questions about impartiality and fairness in how these measures are applied.

School districts are expected to follow strict guidelines to ensure DAEP placements are warranted. Minor infractions are not supposed to lead to such referrals, and all decisions must be made using fair, transparent processes. Under the Texas Education Code, administrators must evaluate several mitigating factors before assigning students to DAEP, such as:

• Whether the student was acting in self-defense.
• The intent behind the student's actions.
• The student's prior disciplinary record.
• The impact of disabilities on the behavior in question.
• Whether the student is in foster care or experiencing homelessness.

Instances of Unfair DAEP Placement

Although DAEP is designed to address serious offenses, some students may face assignments to these programs unjustly. These wrongful placements can happen when schools rely on insufficient evidence or fail to account for context. Below are some common scenarios of wrongful DAEP placement:

• Mistaken Identity or False Allegations: Students can be wrongly disciplined due to mix-ups, incomplete evidence, or assumptions shaped by bias.
• Wrong Place/Wrong Time: A student who happens to be nearby during an incident may be lumped in with active participants and improperly referred to DAEP.
• Punishments That Don't Align with the Offense: Sometimes, DAEP placements are an overreaction to minor infractions, making the punishment disproportionate and disruptive to the student's education. These decisions can reflect subjective interpretations rather than objective fairness.

When faced with an unfair DAEP placement, it is vital for families to challenge the decision. Ensuring that disciplinary measures are both appropriate and constructive is critical to protecting the student's educational future.

The Harmful Effects of DAEP in Texas

DAEPs are designed to address behavioral issues without fully removing students from an educational environment. However, these programs often result in unintended consequences that can be detrimental to a student's academic, social, and emotional well-being, effectively doing more harm than good. Some of the most significant issues linked to DAEP placements include the following:

• Lower Quality Education: The academic resources and instruction offered in DAEP often fall below the standard of traditional classrooms. Students in these programs may face gaps in learning, setting them back academically and making reintegration into regular classes more challenging.
• Attendance Challenges: Many DAEP facilities lack convenient transportation options, leading to inconsistent attendance. This can create further disruptions in a student's education and negatively impact their ability to keep up with coursework.
• Stigmatization: Students placed in DAEP may feel unfairly labeled as "troublemakers" or "delinquents." This can have a profound psychological effect on some students who might otherwise have moved on from their mistake--and sometimes it can lead to a cycle of bad behavior that even ventures into criminal activity.
• Higher Likelihood of Dropping Out: Students assigned to DAEP during critical academic years, such as eighth or ninth grade, are statistically more likely to leave school altogether. This disconnection from the education system can severely limit their future opportunities.
• Disparities in Referrals: Data shows that minority groups, including African American students and those in special education, are disproportionately represented in DAEP placements. This raises serious questions about fairness and equality in how disciplinary decisions are made.
• Recurring Placements: Many students find themselves repeatedly placed in DAEP, creating ongoing interruptions in their education. This cycle often makes it harder for them to remain academically and socially engaged with school.

How We Can Help with DAEP Issues in Wylie, TX

Facing the prospect of your child being placed in a Disciplinary Alternative Education Program (DAEP) in Wylie can feel overwhelming. Unfortunately, in some situations, a student's rights might be unintentionally stepped on as schools focus on enforcing disciplinary policies. While parents have the ability to seek legal counsel in these cases, not all attorneys have the education and law background required to address the complexities of school disciplinary actions effectively. This is where the Lento Law Firm can help.

Our Student Defense Team has a deep understanding of Texas education laws and extensive experience handling disciplinary cases, both locally and across the nation. From our Dallas office, we are positioned to advocate for the rights of students in schools in Wylie and throughout Texas. We can help in the following ways:

• Examining School Policies and Procedures: School districts are obligated to follow established guidelines when deciding on DAEP placements. We will carefully review these policies to ensure the school has adhered to them properly and that your child's rights have been upheld throughout the process.
• Challenging Unjust Disciplinary Actions: If the punishment proposed for your child seems overly harsh or disproportionate to the behavior in question, we will help you challenge the school's decision. Our goal is to secure a fair resolution that prioritizes your child's education and emotional well-being.
• Providing Support Throughout the Process: Attending disciplinary hearings and appeals can be intimidating for families. We'll walk with you every step of the way, offering guidance to help you prepare and present a well-reasoned case. When appropriate, we'll also negotiate with school officials and/or their general counsel's office to seek more favorable outcomes for your child.
• Exploring All Legal Remedies: Should the school fail to follow legal protocols or disregard your child's right to due process, we are prepared to take further action, including pursuing litigation, if necessary.

Learning that your child may face DAEP placement can be disheartening, but you don't have to face these challenges alone. The Student Defense Team at the Lento Law Firm is here to advocate for your child and work toward solutions that safeguard their education and future. To find out more or to schedule a consultation, contact us today at 888-535-3686 or complete our online contact form.