If your child attends high school in Fort Worth and recently got in trouble at school, you are likely concerned as to the possible repercussions. You want your child to do well and graduate, and you worry about how the situation may impact their ability to meet that goal.
The Fort Worth Independent School District (FWISD) defines several levels of offenses students can conduct, along with possible administrative consequences for each. In some cases, the teacher or the school administration can handle the violation, such as for relatively minor behavioral issues. However, some offenses can be serious and require immediate, emergency removal of the student from the classroom. One such option the district uses is placing students in a Disciplinary Alternative Education Program (DAEP).
As any parent, you were probably shocked to learn of your child's transgressions, but you may also feel your child's offense was not serious enough to warrant removal to DAEP. Many teenagers make mistakes once in a while, and perhaps there are more appropriate forms of discipline to address the matter without jeopardizing your child's academics.
Whatever your case, if your child received a DAEP referral or was removed from the classroom, you need to take the matter seriously and try to help your child defend themselves. DAEPs have come under fierce opposition over the years as not providing the kind of learning environment where certain students can excel. In fact, some argue DAEP only makes matters worse overall.
Student attorney-advisor Joseph D. Lento and the Student Defense Team at the Lento Law Firm have helped many students defend themselves against allegations of misconduct and obtain favorable outcomes for DAEP referrals and other serious disciplinary actions. We offer unmatched representation because we have in-depth knowledge of Texas school law and extensive resources at our disposal to help you build the strongest defense possible.
Contact the Student Defense Team at the Lento Law Firm today at 888.535.3686 for a comprehensive review of your situation and advice regarding your rights and options.
Fort Worth Area School Districts
FWISD covers nearly 200 square miles and serves almost 75,000 students. The district has almost 5,200 teachers and 13,000 volunteers, as well as 21 high schools. FWISD's primary DAEP campus is the Eagle Mountain Alternative Discipline Center at Watson High School. The district also has Metro Opportunity High School and Fort Worth Special Education that deal with special needs and delinquent students.
Along with FWISD, the Fort Worth region has many other area school districts that serve students in outlying suburbs and rural areas. They include:
- Keller ISD
- Birdville ISD
- Grapevine-Colleyville ISD
- Carroll ISD
- Arlington ISD
- Mansfield ISD
- Northwest ISD
- Plano ISD
- Aledo ISD
- Crowley ISD
- Frisco ISD
- Lake Worth ISD
- Hurst-Euless-Bedford ISD
- Allen ISD
- Lewisville ISD
- White Settlement ISD
- Castleberry ISD
- Dallas ISD
- Azle ISD
- Everman ISD
- Richardson ISD
- Coppell ISD
- Argyle ISD
If your child attends any Fort Worth area high school and received a DAEP referral for an alleged code of conduct violation, contact the Student Defense Team at the Lento Law Firm right away for help.
How Can My Child Receive a DAEP Placement in a Fort Worth Area High School?
Certain offenses warrant mandatory DAEP placement, while others may result in DAEP placement, depending on the nature and severity of the offense.
Mandatory DAEP Placement
A student must be placed in DAEP if they commit certain misconduct on school property, including buses, at a school-sponsored event, or within 300 feet of school property as measured from any point on the
school's real property boundary line. Some offenses include, but are not limited to:
- Assault resulting in bodily injury
- Selling, possessing, using, delivering, or being under the influence of alcohol, marijuana, or other illicit substances, including volatile chemicals
- Harassing a district employee
- Engaging indecent exposure or public lewdness
- Possessing a knife or certain other weapons
- Engages in criminal conduct punishable as a felony
- Engages in criminal mischief with a value of more than $750
Additionally, a student must be placed in DAEP for engaging in a Title 5 felony off campus or not at a school-sponsored event. Examples of Title 5 felonies include aggravated robbery, sexual assault or aggravated sexual assault, murder, and others.
A student must also receive DAEP placement if they engage in certain conduct, whether on campus or off, including:
- Issuing a false alarm or terroristic threat involving a public school
- Retaliating against a school employee
Students under court supervision as registered sex offenders must also receive DAEP placement, particularly if they sexually assaulted a student or employee at their home school.
Discretionary DAEP Placement
A student may be placed in DAEP if they commit any offense included in the FWISD Student Code of Conduct (SCC). In reality, DAEP placement is typically reserved for students who conduct serious offenses that may contain a criminal element or for those students who continually violate rules of conduct.
The FWISD's SCC lists numerous offenses that fall into several categories:
- Misconduct involving others, such as bullying, fighting, and harassing
- Using, giving, selling, buying—or offering to buy or sell—prohibited items, which can include drugs, alcohol, and weapons
- Misuse of property, such as damaging or vandalizing school property
- Disruption of safety, such as making threats, exhibiting a firearm or other weapon, pulling a fire alarm, or throwing objects
- Misuse of technology, including sending or receiving obscene, harassing, or threatening text messages and emails, making improper or inappropriate videos, or hacking into school computers
- Failure to follow the rules, such as violating the dress code, being insubordinate, or enticing other students to misbehave
The SCC also lists other forms of misconduct, such as using profanity, being in unauthorized areas, and falsifying or destroying school records.
In some situations, a student may receive emergency DAEP placement. This could happen because the student is so disruptive, unruly, or abusive that it severely impacts a teacher's ability to teach the class or completely disrupts a school-sponsored activity. School administration must inform a student of the reason for the DAEP placement, and the student must be given a conference and due process regarding the DAEP placement within 10 days of the action.
Procedure for DAEP Placement
DAEP placement issues are handled by the Student Discipline and Placement Department and its administrators. The department shall schedule a hearing and appoint a hearing officer.
The hearing officer shall conduct an in-person conference, virtual, and/or teleconference for a student who has received a DAEP placement or referral within three days of the offense, if possible. The department must notify the student's parents or guardians of the hearing, but the hearing officer may conduct proceedings whether the student's parents/guardians are present.
During the hearing, the following should occur:
- The hearing officer will inform the student of the misconduct or offense with which they are charged.
- Allow the student the opportunity to explain their version of the incident.
- The student may have adult or legal representation, and the district may have its own legal counsel.
Although formal rules of evidence do not apply at the hearing, each party will have the opportunity to present evidence that supports their case and defend their arguments.
The hearing officer should remain impartial during the conference or hearing and base their decision on the credible evidence presented in accordance with the district's discipline philosophy.
When considering whether to place a student in DAEP, the hearing officer and the Student Discipline and Placement Department must take into account:
- The seriousness of the offense
- Whether the student acted in self-defense
- The student's age and grade level
- The student's disciplinary history
- The student's intent in conducting the violation
- Any disability the student has that may affect their ability to know right from wrong
- The student's mental ability or functioning level
- The impact of the violation or action on the educational environment
- Whether the student has a Conservatorship of the Department of Family and Child Protective Services
- Whether the student is homeless
- Any other statutory considerations
If the hearing officer decides to place the student in DAEP, the student must attend regardless of whether their family has been notified or whether they plan to appeal the decision. The campus security coordinator will then issue a DAEP placement order that defines the length of the placement. DAEP placement can last up to 60 school days, but it may not exceed one year except for certain situations. The Student Discipline and Placement Department may adjust the length of the placement if appropriate.
If a student does not complete their DAEP placement by the end of the school year, they may be required to complete the assigned placement starting the following school year. If these cases, as well as determining whether a student's placement should exceed one year, the school administration must determine:
- Whether the student poses a physical threat or danger to any other students or staff
- Whether the student persistently violates rules of conduct
If a student engages in additional conduct while in DAEP, they may face more consequences depending on the nature of the offense, including expulsion. As an alternative, students may be placed in a Diversionary Referral Program (DRP) if they qualify.
Merit Program
The FWISD also offers a merit program for students in DAEP. Students may earn one day off of their overall DAEP placement for every five consecutive days they achieve perfect attendance and do not engage in misconduct.
Appeals
Students or their parents/guardians may appeal any disciplinary decision. They must file an appeal with the appropriate party as defined by district policies, and different procedures may apply to different complaints. Parties can obtain complaint forms from the district and submit them to the relevant departments. The procedures for various levels are as follows:
- Level One. Students or their parents/guardians must file the complaint with the appropriate administrator, who will then investigate and work to resolve the complaint.
- Level Two. If no resolution can be found appealing a Level One, parties may file a Level Two appeal within 10 days of the date they received a written response regarding their Level One complaint. Parties must submit a Level Two complaint to the superintendent.
- Level Three. Parties may file a Level Three appeal to the School Board, and the district will consider the matter at either an open or closed meeting. The Board must make a separate record of the Level Three proceedings, but it does not have to record its deliberations. If the Board cannot reach a decision by the end of its next scheduled meeting, the Level Two appeal will be upheld. The decisions of the Board are final and cannot be appealed.
Students registered as sex offenders may appeal DAEP decisions using the same procedures outlined in the district policy, but the appeal with be limited to whether the student is required by law to register as a sex offender.
Contact the Lento Law Firm Student Defense Team for Help
FWISD has other forms of disciplinary actions, such as in-school suspension (ISS), out-of-school suspension (OSS), and on-campus intervention programs (OCI). Schools may also offer alternatives such as “cooling off” periods or “time out,” along with other less severe consequences that may be more appropriate for your child's offense.
DAEP placement can have long-term effects on your child's motivation, self-esteem, and interest in getting as much out of their education as they can. It can also criminalize their actions and place them in an environment where they encounter others who may pose a threat to your child's safety or who may influence your child to rebel and act out even more.
The moment you learn of your child's DAEP placement or referral, you need to contact an experienced Texas student attorney-advisor as soon as possible.
The Student Defense Team at the Lento Law Firm have extensive experience helping students defend themselves against harsh disciplinary actions from their school, and our attorneys have comprehensive knowledge of Texas' education laws as well as national education laws.
We can evaluate your case, determine your options, and advise you on the best course of action. We are prepared to zealously advocate for your child and fight hard for their education and future. Call the Lento Law Firm today at 888-535-3686 today to schedule a consultation.
