Schools can get it wrong. Even the most well-meaning staff member only has so many hours in the day. They may see or hear only part of an interaction. They may have preconceived notions about your student and are determined to think the worst of them. An investigation into a situation may not be thorough enough to gather all of the evidence.
Whatever the reason, your student is now facing a disciplinary placement. You may disagree with the placement altogether. Or you may disagree with the length and severity of the placement. You may think the school failed to consider all of the relevant evidence or the extenuating circumstances.
Your child may have a disability or an undiagnosed disability that can cause behavioral issues. Your student may be the subject of targeted, unjust punishment.
Whatever the reason, your student is now facing the possibility or already is facing the possibility of placement in a disciplinary alternative education program (DAEP). You want to help them, but you aren't sure how.
The Education Law Team at the Lento Law Firm can help. We work with families in Brownsville and throughout Texas. We can assist throughout the DAEP process. We support our clients by explaining their options. We know how confusing the law can be and how overwhelming these decisions can be, especially when they affect your child, your child's education, and your child's future.
Your student has a right to an education. They also have due process rights, including the right to defend against accusations against them. If your student is facing a DAEP placement or is already in a placement, we can help. Call us at 888-535-3686 or fill out an online form.
What is a DAEP?
Texas adopted disciplinary alternative education programs (DAEPs) in the 1990s. When school districts temporarily remove students for disciplinary purposes from their regular schools and classrooms, students will be placed in a DAEP.
Texas requires each school district to have a DAEP and DAEPs:
- Must be provided in a location other than a student's regular classroom
- Schools may transfer a student in DAEP to a different location than their normal school
- Can be located on or off of a regular school campus;
- Must separate students assigned to DAEP from other students
- Focus on instructing students in English, math, science, history, and self-discipline
- Provides:
- Support for students' educational and behavioral needs
- Supervision and counseling
- Only employs teachers who meet certification requirements
Texas law requires that all school districts' DAEP meet the minimum requirements set by the Texas Education Agency. Districts may also have joint DAEPs.
Brownsville Area School Districts
The majority of students in Brownsville attend the Brownsville Independent School District (BISD), although some will attend the Los Fresnos Consolidated Independent School District (Los Fresnos CISD).
BISD has two DAEP centers:
- Brownsville Academic Center (BAC)
- Juvenile Justice Alternative Education Placement (JJAEP)
BAC is the primary DAEP placement. When a student has a pending hearing or DAEP placement, BISD may put that student into either an in-school suspension or out-of-school suspension.
Students must satisfy exit requirements before they can return to their normal campus.
A student will attend the JJAEP in San Benito when:
- A student's placement is either a mandatory offense, for at least 180 school days, or a discretionary offense, for 90 school days
- They are between the ages of 10 and 17, or they are at least 18 at the time of placement and throughout their placement at JJAEP
- For placements related to mandatory offenses, students will attend for at least 180 school days with an optional review at 90 days
Los Fresnos CISD has a DAEP. Their program serves students from elementary to high school. Los Fresnos students may be placed in a DAEP for mandatory or discretionary disciplinary reasons.
Getting Help
The Education Law Team at the Lento Law Firm has four offices in Texas. For Brownsville residents, the two closest offices are located in Austin and Houston. Our team works with families throughout Texas. We know the state and federal laws that protect your child's rights and education. We also appreciate the importance of knowing each town and school district's individual character.
Types of Placements
Texas recognizes two types of DAEP placements, mandatory and discretionary. Mandatory assignments occur when a student's conduct falls under the behavior listed in Chapter 37 of the Texas Education Code. A DAEP discretionary assignment happens when a student violates their school district's code of conduct.
Emergency Placements
Schools may immediately place a student in DAEP when school staff believe that it's necessary to protect the safety and welfare of other students, staff, and other members of a school community.
Either the principal or another member of the school administration must inform the student and the parents or guardians verbally of why a school is placing a student in a DAEP.
An emergency placement doesn't end a student's due process rights. Within 10 days of an emergency placement, a district must honor their due process rights.
The student must be given due process within 10 days of the emergency placement. For students with disabilities, the term of the student's emergency placement must comply with federal laws.
Year+ Placements
In general, Texas limits DAEP placements to one year. The state, however, does have exceptions to this general requirement.
A district may extend a student's DAEP placement when the district determines that:
- The student is a threat to the safety of other students, staff, or members of the school community
- It's in a student's best interests to continue with the DAEP placement
DAEP Considerations
Other than emergency placements, school districts must afford a student due process. Texas states that school districts must consider the following:
- Was the student acting in self-defense?
- What was the student's intent (or lack of intent) when they engaged in the alleged conduct?
- What was the student's disciplinary history?
- Does the student have a disability that substantially impairs their ability to understand their conduct and why it was wrong?
For emergency placements, a school district can remove a student but must tell them a reason, verbally, why they're being removed from their normal school schedule. School districts must still provide a student with their due process rights within ten days of a placement.
For placements longer than sixty days or that extend into the next grading period, school districts must notify parents of the opportunity to participate in a hearing before the district's board of trustees. Families cannot appeal any decision made by the board.
All school districts must provide students and families with DAEP guidelines that include:
- Notification requirements for parents and guardians
- Standards for how long a DAEP removal last
Families should consult their student's code of conduct about district-specific policies. Texas sets the minimum requirements, and schools may have additional policies above and beyond state standards.
DAEPS in Brownsville
BISD provides its student-parent handbook and student code of conduct in both English and Spanish. About DAEPs, Brownsville says:
- Students may be placed in a DAEP for either gang activity or gang affiliation
- Misconduct on a school bus could result in a DAEP placement
- Any student charged with a felony or other severe offenses
- Students may face discipline for general conduct violations within 300 feet of the school, in vehicles owned or operated by the district, and at all school-related activities
- Types of offenses:
- Disregard of authority
- Mistreatment of others
- Property offenses
- Possession of prohibited items
- Possession of telecommunications devices when it violates district or school rules
- Possession, use, giving, or selling illegal prescription, marijuana, and over-the-counter drugs
- Misuse of technology resources and the Internet
- Safety transgressions
- Code of conduct violations
Brownsville has both short- and long-term disciplinary placements for DAEPs. Short-term placements are up to 30 days, and long-term placements are 45 days or more.
Los Fresnos CISD has similar procedures and requirements for their DAEP. Students of both school districts should consult their code of conduct.
Appeals
The appeals process for short- and long-term placements is the same. For short-term placements, families must submit a written appeal to the Superintendent's Designee via the Administrator for the Department of Pupil Services. This appeal must be made within two days of BISD notifying parents or guardians of their student's DAEP placement.
For appeals, the Superintendent Designee's decision is final. Families cannot appeal that decision.
When the Superintendent Designee decides to place a student in either a DAEP or Juvenile Justice Alternative Education Placement (JJAEP), parents and guardians must submit a written appeal within three school days. These appeals are submitted to the Department of Pupil Services.
If parents don't meet the required deadlines, families lose the right to appeal.
Students with Disabilities and DAEPs
The United States requires that all children and teenagers have access to a free, appropriate public education. For students with disabilities, this right extends to special education services and support.
Some disabilities involve behavioral issues or difficulty in determining correct conduct. Misconduct can also be an effect of inadequate support for students with disabilities. Students with disabilities are more likely to face disciplinary action, including being placed in a DAEP.
When a student has a disability, school districts may be required to consider the relationship between a disability and a student's behavior or actions. The formal name for this process is manifestation determination.
If a student's misconduct substantially relates to their disability, students will undergo a functional behavior assessment (FBA). An FBA's goal is to better understand a student's behavior and create a behavior intervention plan (BIP).
When a school finds that a student's misconduct isn't related to their disability, any disciplinary action a school takes should be similar to what another student in a similar situation would receive. Schools must still provide special education services during any placement, although the services offered can differ from what a student receives as part of their regular school day.
BISD recommends over 20 alternative discipline management techniques when a student with disabilities has engaged in misconduct or other behavior banned by district, school, or classroom rules.
Parents and guardians shouldn't assume a school will conduct a thorough investigation. Even well-meaning staff may not have the time or resources, and families should be proactive in protecting their student's education. The Education Law Team at the Lento Law Firm can assist you with protecting your child's education and avoid unnecessary and ineffective disciplinary action, such as a DAEP placement.
If you suspect your student has an undiagnosed disability that relates to their misconduct, you can request an evaluation. Federal law covers and protects all students who haven't graduated from high school, and a school cannot decline to assess a student because they're “too old” or close to graduation.
The Education Law Team at the Lento Law Firm can help with a variety of issues related to disabilities and discipline. We can help if you believe your child has an undiagnosed disability that is affecting their conduct in school. We can also help when students already have a qualifying disability but aren't receiving the support they need in school.
Protect Your Child's Education and Future
A student facing a DAEP placement can be stressful for their entire family. Parents and guardians may not know how best to respond. Even if you agree with a school that your student made a mistake, you may think that, as the saying goes, the punishment doesn't fit the crime.
Or your child is being unjustly singled out or punished for something they didn't do. Schools may not be providing effective support for students with disabilities.
Families don't have to just accept a school's disciplinary decisions. They have options, and the Education Law Team at the Lento Law Firm can help them understand their options and find a path forward.
We work with families throughout Texas, and we're here to work with families in Brownsville. We can help defend your student's rights.
Your child deserves to have an education and get the most out of that education. If your student is either in a DAEP placement or facing the possibility of one, we can help. Call us at 888-535-3686 or fill out an online form.
