Many high school students in Houston make mistakes from time to time—it's part of being a teenager. However, some mistakes or behavior can get your child into serious trouble in school and place their academic future at risk.
Your child could be accused of serious wrongdoing and faces expulsion. However, your child you have also been falsely accused. Your child's school may have included your child among a group of other students who were caught or accused of wrongdoing—but your child wasn't involved. Also, students sometimes make false accusations against other students for retaliation or revenge.
Whatever the case, you were likely shocked and alarmed your child was accused of misbehaving in school or received some other disciplinary action. The Houston Independent School District lists several levels of student misconduct and defines appropriate administrative action for each. One disciplinary consequence for high school students is the state's Disciplinary Alternative Education Program (DAEP).
Although touted as an effective alternative to other forms of discipline, such as suspension and expulsion, many have criticized DEAP as essentially an out-of-sight, out-of-mind solution that does little to effect positive changes in students—in fact, opponents claim it makes matters worse in some cases.
If your child received a DEAP referral, you have every right to be concerned. This situation can have far-reaching and detrimental impacts on your child's education and life. Fortunately, you also have a resource available to help your child defend themselves against the allegations of misconduct and achieve a favorable outcome.
Student attorney-advisor Joseph D. Lento and the Student Defense Team at the Lento Law Firm have many years of experience helping high school students throughout Houston and the surrounding areas with their disciplinary issues. We can provide a level of service others can't because we have a nationwide presence and considerable knowledge and resources to handle DEAP and other disciplinary matters. We can advise you of your options and help your high school student avoid DEAP placement and other harsh consequences. Contact our law firm today at 888.535.3686 to schedule a confidential consultation.
Public and Private Schools Around Houston
The largest school district in the Houston area is the Houston Independent School District (HISD). The district covers 312 square miles and contains 288 schools, including 37 high schools. The district employs over 13,000 teachers who serve more than 210,000 students.
Along with the HISD, other independent school districts serve Houston's suburbs and the greater Houston Metro. All state-supported public schools in the Houston area adopt a DAEP model as an alternative disciplinary option, although they may use different names to refer to the program. The following lists the independent school districts (ISD) surrounding Houston:
- Aldine ISD
- Alief ISD
- Channelview ISD
- Clear Creek ISD
- Conroe ISD
- Katy ISD
- Klein ISD
- Sheldon ISD
- Tomball ISD
- Crosby ISD
- Cypress – Fairbanks ISD
- Deer Park ISD
- Fort Bend ISD
- Galena Park ISD
- Galveston ISD
- Goose Creek ISD
- Huffman ISD
- Humble ISD
- La Porte ISD
- Lamar ISD
- North Forest ISD
- Pasadena ISD
- Spring ISD
- Spring Branch ISD
Houston also has several top-notch private schools, including the Awty International School, the John Cooper School, the Village School, and Strake Jesuit College Preparatory. All private schools in the area have their own administrative actions to deal with student misconduct, which can range from detention and probation to suspension and expulsion.
If you have a child in a Houston area private school who has received serious disciplinary actions or has already been suspended or expelled from the school, you can contact the student defense team at the Lento Law Firm for help.
What is DAEP?
The Houston Independent School District (HISD) and all school districts in Texas have student codes of conduct for their behavior on campus, on buses, and at “all school-sponsored or school-related activities or events.” These can include field trips, assemblies, and fairs. The HISD and most other school districts also have gang-free school zone designations that can increase punishments for students found to be involved in gang activity on school grounds.
In 1995, Texas mandated that all public schools offer a Disciplinary Alternative Education Program (DAEP) program as a potential consequence of student code of conduct violations.
DAEPs were originally intended to serve as Juvenile Justice Alternative Education Programs (JJAEP) for districts that lacked the resources and facilities to maintain an effective JJAEP. A JJAEP is a program for students who have conducted criminal offenses and been expelled from school. DAEPs were supposed to be only for students who had committed crimes or violated specific areas of the code of conduct.
HISD and all Houston-area school districts offer a DAEP program to deal with students who violate codes of conduct as well as those who struggle in a traditional educational setting.
HISD's DAEP program is called Secondary DAEP, and its mission is to provide “a safe and structured learning environment to allow students to take ownership of their learning.” HISD has several schools throughout the district that serve as DAEP schools, including Harper Alternative High School, Dewalt Alternative School, Barbers Hill DAEP, and K.E. Kaufman Alternative School, among others.
What Is HISD's Student Code of Conduct?
The HISD expects students to behave appropriately on campus and during school-sponsored events and take their academic careers seriously. Students are also expected to abide by the law and not engage in criminal activities, whether on campus or off—which includes possessing, using, or distributing drugs and alcohol. The HISD's code of student conduct lists five levels of offenses or misconduct:
- Level I – Refers to violations of classroom rules that teachers can resolve themselves.
- Level II – Refers to more serious violations that may require administrative intervention.
- Level III – Refers to violations that “seriously disrupt the educational process” or involve repeated violations of Level I and II offenses. The consequences of Level III violations can include placement in a DAEP.
- Level IV – Refers to criminal offenses or offenses the school deems “significantly serious.” The default consequence for students found guilty of violating Level IV offense is placement in DAEP.
- Level V – The most serious of all, Level V violations may (or will) result in a student being expelled from school and placed in a JJAEP.
Level V violations must have “some level of police involvement” with an official report on record. In most cases, students are placed in JJAEP for only 45 days if they successfully attend the program. However, for serious criminal offenses, such as aggravated sexual assault or gun possession, students will remain in JJAEP for at least a year. Most JJAEP referrals do not last more than a year, but exceptions exist for students who still pose a danger to other students or staff.
Optional Expulsion
A student may be expelled from school for a Level V violation and will attend the Harris County JJAEP. As an alternative, a student may be placed in DAEP under Level IV if they engage in any of the following within 300 feet of a school or during a school-sponsored event:
- Hacking or unauthorized use of district computers and databases, which includes using any computer or other means to “tamper with HISD records.”
- Possessing, selling, or delivering to another student any controlled substances, including marijuana and other narcotics
- Possessing alcohol, or selling or delivering alcohol to another student
- Being under the influence of drugs or alcohol
- Possessing, selling, or delivering any “abusable volatile chemical” or inhalant paraphernalia.
- Assaulting someone
- Engaging in deadly conduct
- Possession of a firearm off school campus but within 300 feet of a school
Required Expulsion
The following offenses warrant immediate expulsion if a student engages in these activities on school grounds or during a school-sponsored event:
- Use or possession of a firearm, restricted knife, or any weapon listed under the state's penal code.
- Aggravated assault that inflicts bodily injury or assault with a dangerous or deadly weapon
- Sexual assault and aggravated sexual assault
- Arson
- Murder
- Indecency with a child
- Aggravated kidnapping
- Aggravated robbery
- Manslaughter
- Criminally negligent homicide
- Felony possession, use, or delivery of narcotics or a controlled substance
Since Level IV and V offenses often (or must) involve a criminal element, you can benefit from having an attorney-advisor on your side who also has considerable criminal defense experience.
Disciplinary Responses for Optional Expulsion
Administrators and law enforcement typically work together to handle serious disciplinary matters resulting from a Level V offense. The HISD Police Department will investigate the matter at the request of the school administration—or the police may investigate or determine the student violated criminal laws and inform the school administration. If the police take the student into custody, the administration should inform the parents within one hour.
The administrator will schedule a required parent/student/administrator conference for lesser violations. Some potential consequences include detention or in-house or out-of-school suspension, among others.
For Level V and certain Level IV violations, the administrator will conduct a full hearing into the matter before deciding whether to expel a student. When determining whether to expel a student for Level V violations, an administrator must consider the following:
- The seriousness of the offense
- The student's age and attitude
- Whether the conduct involved self-defense
- The student's intent or lack thereof in perpetrating the offense
- The student's disciplinary history
- Any disability the student has that may affect their ability to know right from wrong
- Whether the student has a Conservatorship of the Department of Family and Child Protective Services
- Whether the student is homeless
After the hearing or conference, the administrator may impose any of the following consequences:
- Excluding the student from extracurricular events, which can include commencement ceremonies.
- Referring the student to appropriate agencies or juvenile court. The student may be ordered to pay restitution or damages where appropriate.
- Suspending the student for three days per occurrence.
- Expelling the student for more than three days but less than a year for violations not involving sexual assault.
School administration may also refer the student to a DAEP program immediately if the student's behavior is so disruptive, unruly, or abusive that it:
- Seriously interferes with the teacher's ability to effectively communicate with the class
- Interferes substantially with other student's ability to learn
- Seriously interferes with school operations or a school-sponsored activity
School administration will give the student oral notice of their decision to expel the student or refer them to DAEP. The district will afford the student due process within ten days of the date of placement or expulsion.
It's important you contact an experienced student attorney-advisor the moment you learn of your child's DAEP referral. Attorney Joseph Lento and the Student Defense Team at the Lento Law Firm can help.
Appealing an Expulsion or DAEP Referral
A student or their parent or guardian may request an appeal to the Harris County JJAEP or referral to a DAEP program. Parties must notify the district superintendent or designee within three school days of receiving the district's decision to expel or refer the student.
The superintendent will conduct a full appeal hearing and hear testimony from the school administration and the student. The superintendent may uphold the decision, overturn it, or suggest other appropriate consequences. Students and their parents/guardians may also file an appeal to the school board regarding the superintendent's ruling.
How Can the Lento Law Firm Help?
The practical applicability and effectiveness of DAEP have come under scrutiny and received criticism from many. For one, the program has become a place where only “problem kids” are sent, and students often feel as if they have been incarcerated. The program has also faced considerable criticism for its lack of oversight, curriculum, and teacher credentials.
Opponents claim DAEP criminalizes certain student conduct violations where more appropriate methods of discipline could be used. DAEP programs do not have the same performance standards and accountability level as traditional classroom curricula, and it's difficult to monitor just how well students are doing in the program.
In short, DAEP can have considerable and long-lasting adverse effects on your child's education and future. Therefore, you need an experienced student attorney-advisor to help you protect your child's rights and fight hard for them throughout all administrative and criminal disciplinary proceedings.
Attorney Joseph D. Lento and the Student Defense Team at the Lento Law Firm have helped many students throughout Houston and across Texas and the rest of the country with defending themselves against DAEP referrals and other harsh administrative consequences. We can review your case, advise you of your options and fight hard to help your child obtain the best outcome possible.
Call the Lento Law Firm today at 888-535-3686 today to schedule a consultation.
