Weslaco area schools, located between Reynosa and Matamoros in Hidalgo County along the Texas state southern border, provide fine schools in which to educate your minor student. Yet, Weslaco area schools face similar student behavioral challenges to those in other Texas school areas. As in other areas, Weslaco schools staff a disciplinary alternative education placement (DAEP) boot camp or reform school authorized by the Texas state legislature. While necessary for some students, boot camps can become a convenient dumping ground to which school officials send good-intentioned students who simply need educational support services that the regular school should be providing.
Don't let Weslaco area school officials use disciplinary charges to send your student to its reform school meant for students with serious gun, drug, gang, and other violent offenses. Call 888.535.3686 or use this contact form now to retain the Lento Law Firm's premier Student Defense Team attorneys for your student's effective defense representation. Our attorneys from our Houston and Austin offices are available to help you in the Weslaco area. Let us help you save your student from DAEP.
Weslaco Area Schools Student Defense
Removal to Weslaco area DAEP poses significant academic and developmental risks to your student. The regular classroom offers your student substantial, structured instruction, high teacher expectations, and the support of sound student peers. DAEP, by contrast, generally involves flexible instruction with low expectations and the unfortunate influences of a struggling and misbehaving student population. We can help your student avoid the issue by fighting your student's Weslaco ISD disciplinary charges to keep your student in the regular classroom. The attorneys from our Houston or Austin offices are available at any of the following Weslaco area schools:
Choice High Schools (Grades 10-12)
South Palm Gardens High School
Weslaco Alternative School
High Schools (Grades 9-12)
Weslaco High School
Weslaco East High School
Middle Schools (Grades 6-8)
Central Middle School
Dr. Armando Cuellar Middle School
Beatriz G. Garza Middle School
Mary Hoge Middle School
Elementary Schools (Grades Pre-K-5)
Airport Drive Elementary School
Louise Black Elementary School
Cleckler-Heald Elementary School
Raul A. Gonzalez, Jr. Elementary School
Sam Houston Elementary School
Dr. R. E. Margo Elementary School
Memorial Elementary School
North Bridge Elementary School
A. N. "Tony" Rico Elementary School
Rodolfo "Rudy" Silva, Jr. Elementary School
Texas DAEP Law
Texas Education Code Chapter 37, Subchapter A, authorizes DAEP programs to serve disruptive and dangerous students. DAEP programs are not supposed to be handy ways for the regular schools to increase their academic statistics, ranking, and reputation, or to save the regular schools the cost and inconvenience of providing students with federally mandated special education services and disability accommodations. Texas Education Code Section 37.008 instead authorizes DAEP removal only for unruly, dangerous, or disruptive conduct. We can help your student avoid inappropriate and damaging DAEP removal by fighting the disciplinary charges.
Weslaco ISD DAEP Program
Weslaco area schools maintain the Horton Disciplinary Alternative Education Program, or Horton DAEP, at 319 West 4th Street in Weslaco. The Horton DAEP parent information admits that the school's purpose is to help students reapply and refocus themselves, learn from their mistakes, rebuild character and self-esteem, and create a stronger base for learning. The Horton DAEP parent information also admits that the program's students are at greater risk than ever of dropping out. Yet the Weslaco ISD Student Code of Conduct authorizes school officials to remove your student to DAEP for any Code of Conduct violation, no matter how minor. Your student could end up removed to DAEP simply for talking back to a teacher or creating a minor classroom disruption, and not necessarily with bad intentions, but even out of a need for support, accommodation, or protection from other students. Don't let Horton DAEP removal happen to your student. Get our defense help with your student's disciplinary charges.
Texas DAEP Program Statistics
Unfortunately, Texas DAEP programs don't meet nearly the state's regular classroom standards. Fully 84% of Texas regular classroom students graduate on time, according to a University of Texas at Austin Education Review study, while only 44% of first-time DAEP enrollees graduate in the usual four years, and only one out of four DAEP second-time enrollees graduate. These statistics back up the Horton DAEP admission that its students are at high risk of dropping out. Weslaco ISD officials will talk up the Horton DAEP transfer to you, trying to get you to consent to your student's removal from the regular classroom. Don't give in to pressure. Instead, get our help defending the disciplinary charges.
Weslaco Area Student Code of Conduct
Texas Education Code Sections 37.006, 37.007, and 37.008 state grounds for DAEP removal. The Weslaco ISD's Student Code of Conduct adopts the statutory DAEP removal grounds, even though it simultaneously authorizes DAEP removal for any Code violation, no matter how minor. We can help you and your student hold Weslaco area school officials to the statutory terms, even while invoking other Weslaco area school Student Code of Conduct procedural protections regarding DAEP removal. Don't let overbroad Student Code of Conduct DAEP provisions trip up your student. Get our help protecting your student's rights.
Weslaco Area Justifications for DAEP Removal
The Weslaco ISD Student Code of Conduct's overbroad DAEP removal authorization creates an opportunity for school officials to engage in mischief. Students of all capacities need varied instruction and educational support services. Students of all capacities also go through academic, social, and emotional development, requiring behavioral intervention and involving behavior changes. Your student's Weslaco area school should be meeting your student's needs to promote your student's development. The school should not be attempting to shirk its duty to provide accommodations and services by shunting students off to a convenient DAEP program. Don't let school officials avoid their instructional responsibilities and use DAEP removal as a convenience and means to increase school academic ranking, standing, and statistics. Get our help fighting your student's school removal.
Weslaco Area Grounds for DAEP Removal
Weslaco ISD's Student Code of Conduct generally follows the Texas Education Code provisions for DAEP discretionary or mandatory removal. See below how the Weslaco ISD Student Code of Conduct treats DAEP referral as either discretionary or mandatory, consistent with state statutes.
Weslaco Area Discretionary DAEP Removal
Discretionary DAEP implies that your student's school principal or other officials may choose either way to send your student to DAEP or to keep your student in the regular classroom, even if disciplining with a loss of privileges, reprimand, probation, or other sanctions. Our attorneys know how to propose, advocate, and negotiate alternative remedial measures that can save a student from DAEP or even any other form of disciplinary sanction. Those alternatives may include additional education, training, counseling, or mentoring from which your student would benefit in any case. Short of our intervention on your student's behalf, the Weslaco ISD Student Code of Conduct states these discretionary DAEP removal grounds:
- any General Conduct Violation in the Student Code of Conduct;
- assault by provocative or offensive contact;
- assault with threat of imminent bodily injury;
- criminal mischief in any degree;
- releasing intimate photos or videos of a student without consent;
- inciting violence or attempted suicide through bullying;
- participating in a fraternity, sorority, secret society, or gang;
- participating in criminal street gang activity.
Weslaco Area Mandatory DAEP Removal
In other instances, Texas Education Code Sections 37.006 and 37.007 authorize mandatory DAEP. Mandatory DAEP means Weslaco area school officials should have no choice but to remove the involved student. Those instances authorizing mandatory DAEP tend to involve more reprehensible, endangering, and disruptive conduct, like felony crimes or possession of endangering items or substances on school grounds. As in the case of discretionary DAEP, the Weslaco ISD Student Code of Conduct references and adopts the statutory mandatory DAEP grounds. Despite their mandatory nature, the grounds are something that our attorneys can attack by proving that your student did not commit the alleged wrong. We may alternatively be able to convince school officials not to pursue the mandatory charge in favor of a lesser charge involving only discretionary sanctions. The Weslaco ISD Student Code of Conduct includes these mandatory DAEP removal grounds:
- false alarm, bomb threat, or terroristic threat;
- felony criminal conduct on school grounds;
- assault as the Texas Penal Code defines it;
- possession or use of a controlled substance or dangerous drug;
- possession or use of marijuana or THC;
- possession or use of alcohol or aerosol inhalant;
- possession of e-cigarettes;
- public lewdness or indecent exposure as the statute defines them;
- statutory harassment or retaliation against a school employee.
Weslaco Area DAEP Defenses
Our attorneys may be able to raise any number of defenses against your student's Weslaco area school disciplinary charge, whether for discretionary DAEP or mandatory DAEP. We may be able to show that the teacher or student who turned your student in mistook your student's innocent actions for Code of Conduct violations or misidentified your student for another student who was the wrongdoer. Alternatively, we may be able to show that the complainant was attempting to bully, coerce, or retaliate against your student by making a false charge. We may also be able to show that your student reasonably followed the instructions of another teacher or school staff member when committing the alleged conduct, such that your student has a safe harbor against charges. Our attorneys can raise whatever defenses the facts of your student's case support, to help your student avoid DAEP.
Weslaco Area DAEP Mitigating Factors
Texas Education Code Section 37.001 recognizes specific mitigating factors against DAEP removal, while requiring that school officials consider those factors in any removal case. The Weslaco ISD Student Code of Conduct adopts the same statutory mitigating factors. Those factors include that your student acted in self-defense, had a clean prior disciplinary record, had a mental disability that kept your student from recognizing the wrong, lacked the required intent to commit the alleged wrong, was under a foster care conservatorship, or was homeless. We can advocate any of these factors present in your student's case and other mitigating factors like a sudden illness, injury, death of a family member, or other serious family event, or other extenuating circumstances.
Weslaco Area DAEP Placement Hearing
Texas Education Code Section 37.0081 requires a hearing meeting Texas Education Code Section 37.009's procedural requirements, in any case in which school officials intend DAEP removal for more than ten days. The Weslaco ISD Student Code of Conduct recognizes those statutory hearing rights. Do not consent to removal and lose your student's hearing rights. Instead, let us invoke your student's hearing to present your student's defense witnesses and evidence, cross-examine adverse witnesses, and challenge other incriminating evidence. Let us help your student reach a hearing outcome that avoids DAEP.
Weslaco Area Emergency DAEP Placement
Texas Education Code Section 37.019 authorizes removal to DAEP without a hearing based on emergency circumstances, if school officials can show that the emergency removal was necessary for student or teacher safety or to continue operations. If your student has already suffered emergency DAEP removal, we can invoke your student's right to a post-removal hearing if the removal lasts more than ten days.
Weslaco Area DAEP Appeal
Texas Education Code Section 37.009 authorizes an appeal of a DAEP hearing decision. The Weslaco ISD's Student Code of Conduct directs the initial appeal to the building principal and the final appeal to the district board. Trust our attorneys with your student's appeal if you and your student have already lost the DAEP removal hearing.
Alternative Special Relief
Our attorneys have the good reputation and trusting relationships with district general counsel offices and outside retained counsel to advocate and negotiate for alternative special relief and regular classroom reinstatement in some cases. Let us pursue these oversight channels if you and your student have already lost all hearings and appeals.
Premier Weslaco Area Schools DAEP Defense
If your student faces DAEP removal from the Weslaco, Texas area schools, retain the Lento Law Firm's premier Student Defense Team out of our Houston or Austin offices for your student's effective defense. We help students across Texas and nationwide successfully defend school disciplinary charges. Call 888.535.3686 or use our contact form now. Learn more details here about Texas DAEP matters.
