Understanding DAEP Placement in Garland Independent School District

With bustling suburbs like Firewheel Estates and SpringPark, Garland, Texas, has plenty to offer families. But those two popular suburbs are only the beginning. No matter where you live in this Dallas-Fort Worth-area town, you have access to some of the best schools in the state, all of which are part of the Garland Independent School District (GISD).

The GISD, which also includes Rowlett and Sachse, follows a code of conduct available to all students and their families. The district has the ultimate authority, but each school within the district has a campus behavior coordinator who oversees disciplinary action at that location. When necessary, every school has access to a Disciplinary Alternative Education Program (DAEP), where students can continue their academics while also being removed from their regular educational environment.

The Lento Law Firm Student Defense Team's Dallas office helps Garland families as they go through the disciplinary process. If your student faces discipline in the GISD, give our Dallas office a call at 888-535-3686 or fill out our confidential online form, and we'll be in touch.

What Is DAEP?

In school districts like the GISD, administrators have limited options when it comes to more severe disciplinary issues. Separating students from their classrooms can sometimes work, but if a behavior merits removing a student from the school, it can get in the way of that student's academic progression.

That's where the DAEP can help. Specific to the state of Texas, the DAEP offers an alternative learning environment for students. This gives administrators the option of temporarily sending students to a separate campus, where they'll be counseled and taught in a structured environment.

Discipline in Garland, Texas Schools

The Garland Independent School District has a series of disciplinary actions available, with administrators using their discretion, in most cases, to match behaviors to those actions. Students in the GISD may be disciplined in one or more of the following ways:

  • Removal from class: This is typically the first move a teacher makes when in-classroom measures aren't successful. A student is referred to the principal's office, and the principal takes it from there.
  • Referral to another classroom: In some cases, the administrator decides placing the student in a different class in the same school will help squash the behavior.
  • In-school suspension: Similar to alternative classroom placement, in this case, the student is assigned to a separate area of the school to continue learning during the punishment period.
  • Out-of-school suspension: If an administrator decides a student needs to be separated from campus altogether, out-of-school suspension may be ordered. The state limits out-of-school suspensions to three school days.
  • DAEP: When students' behaviors merit a longer suspension, administrators will refer them to a DAEP. They'll report to the Alternative Education Center (AEC).

Within three school days of removal from the classroom, the administrator must schedule a conference with the student's parent or guardian, the student, the teacher who initiated the removal, and other administrators, as needed. This hearing gives the student a chance to state his or her case and potentially avoid further disciplinary action.

For many families, this conference is a new experience. They often find they have no idea what to expect. This is where it's crucial to enlist the help of an experienced attorney. The Lento Law Firm Student Defense Team's Dallas office has worked with Garland-area students dealing with disciplinary issues and can help your family craft a powerful statement to present at this all-too-important conference.

The GISD Alternative Education Center

Garland students were assigned to a DAEP report by the Alternative Education Center (AEC). While temporarily placed in the AEC, students attend eight classes a day, which includes all core classes, as well as electives. All students must attend daily advisory classes, where they learn skills like classroom etiquette and making good choices.

One of the best things about the AEC is the low student-to-teacher ratio. This ensures each student gets focused attention and personal support. The goal is to empower students to take control of their own education.

Criteria for DAEP Placement

While each campus manages its own discipline, some behaviors make DAEP placement non-negotiable. In these cases, administrators are required to refer the student to a DAEP. Behaviors leading to mandatory DAEP placement include:

  • Terroristic threats, including bomb threats, against a public school
  • Engaging in felony-punishable conduct within 300 feet of a public school
  • Committing assault within 300 feet of a public school
  • Involvement with controlled substances, dangerous drugs, THC, marijuana, alcohol, or e-cigarettes within 300 feet of a public school, including selling, giving, delivering, using, or being under the influence
  • Public lewdness or indecent exposure within 300 feet of a public school
  • Harassing an employee within 300 feet of a public school
  • For six- to nine-year-olds, engaging in conduct that would get an older student expelled
  • For those under six years of age, committing a federal firearms violation
  • Retaliating against school employees or volunteers

With many other types of conduct, though, the school administrator has full discretion when it comes to DAEP placement. The following behavior may result in DAEP placement:

  • Bullying that encourages another student to attempt or commit suicide
  • Group bullying designed to incite violence
  • Distributing or threatening to distribute intimate material of another student without that student's consent
  • Involvement in organized groups like public school sororities or gangs
  • Engaging in street gang activity
  • Assaulting another person that leads to or could lead to bodily injury
  • Assaulting another person by making offensive or provocative physical contact

The Disciplinary Process in Garland

In most cases, GISD faculty manages disciplinary action with minimal disruption to a student's school day. However, in some cases, an issue is escalated to the principal's office, where the campus behavior coordinator works with other administrators to launch an investigation.

For these more serious disciplinary actions, administrators must schedule a conference with the parent and student within three school days. At the conference, the administrator will provide an explanation for the removal and give the student an opportunity to respond.

Once a DAEP placement becomes necessary, the administrator will write up something called a Placement Order. This goes to the juvenile court. A copy of this will be sent to both the student and the student's parent or guardian.

Limitations of DAEP

Not everyone is eligible for DAEP placement. If a student has a disability that might get in the way of understanding the wrongfulness of certain actions, another disciplinary measure will be necessary. Additionally, for students who are homeless or in foster care, DAEP may not be an option.

Age is also a factor. Students under the age of six can't be placed in a DAEP, with the exception of students who commit federal firearms violations. Elementary school students placed in a DAEP must be kept separate from older students on campus. That means if your Liberty Grove Elementary or Stephens Elementary School student is assigned to a DAEP, you won't have to worry about the middle school and high school students also assigned to the AEC.

DAEP Time Limits

Campus administrators typically choose the length of time the student spends in a DAEP. It's usually longer than the maximum allowed for suspension, three days, but it's rarely longer than a year. The district prohibits DAEP placements longer than a year unless the student has been deemed a safety risk to district students or employees.

If your student's placement is longer than 60 days or the next grading period, whichever is soonest, you'll get the opportunity to appear before the board or one of its designees. You'll receive notice of this opportunity.

This is another instance where the Lento Law Firm Student Defense Team can help. Our Dallas team can work with you to develop your statement before your hearing date.

School Year Complications

In some cases, a student's DAEP placement extends beyond the end of the school year. When that happens, the administrator will look at any danger the student's presence poses to other students on his or her regular campus and whether the behavior is persistent.

One additional complication happens when a senior's DAEP placement leads up to graduation. When that happens, the student's eligibility to graduate is taken into consideration. If the student is eligible, he or she will be allowed to participate in graduation activities and end the program unless otherwise specified in the placement order.

Appealing a DAEP Placement

Prevention is the best course of action when it comes to DAEP placement. That's where the Lento Law Firm Student Defense Team can help. Our Dallas office has experience in working with area school districts and can help you prepare for that initial conference where students are allowed to tell their side of the story.

Once DAEP placement has been ordered, appealing is tough. Our team starts by reviewing the details of the alleged misconduct and comparing it to the district's code of conduct. All appeals must start at the campus level, which means going to the campus behavior coordinator to make a case for withdrawing the placement order. If that gets no results, you can go to the district school board, but if that's turned down, you'll have no further options.

During any appeals process, discipline will continue as originally ordered. Students must report to the AEC every school day until directed otherwise. Whether students are attending Bussy Middle School, South Garland High School, or another school in the district, the shift to a new campus starts on the first day of the placement order.

The Impact of DAEP Placement

DAEP placement can disrupt a family's daily life for months. The shift can be tough for students who are separated from friends and their familiar learning environment. During DAEP placement, Garland students will need to report to the AEC at 2015 S. Country Club Road, and transportation is not provided. That means parents will need to arrange to get their student to the alternative campus each school day.

The inconvenience is only a temporary issue, though. The academic and social repercussions of off-campus disciplinary action last longer. While the DAEP makes every attempt to continue a child's learning, the transition back to class can be bumpy at times. Additionally, the disciplinary action will remain on the student's academic records and possibly impact future learning opportunities.

Then there are the social aspects. During DAEP placement, the school continues as always, as do extracurriculars. It can be tough for the student to ease back into a social environment that has progressed without him or her for weeks or months. All of this makes it vital for parents to do what they can to avoid DAEP placement.

Your Rights in the Disciplinary Process

It's important to understand your rights as the parent of a student in the Garland Independent School District. Students are entitled to:

  • A conference with the campus administrator to discuss the allegations and the recommended punishment
  • Access to records detailing the incident
  • A copy of the DAEP placement order delivered to the juvenile court
  • A fair hearing in front of the board or a board designee for placements of 90 days or longer
  • The right to appeal to the principal and the district
  • Special protections for students with disabilities, homeless students, and students in foster care
  • Freedom from discrimination based on race, religion, color, national origin, gender, sex, age, disability, or any other basis prohibited by law
  • The right to consult with legal counsel throughout the process

Your Dallas-Area Legal Team

The Dallas office of the Lento Law Firm Student Defense Team is familiar with Dallas-area public schools, as well as Garland's code of conduct. We've worked with students and their guardians in the following schools:

  • Weaver Elementary School
  • Sachse High School
  • O'Banion Middle School
  • Naaman Forest High School
  • Hudson Middle School
  • Houston Middle School
  • Rowlett High School
  • Lakeview Centennial High School

When it comes to disciplinary action in Garland, the sooner you can reach out to us, the better. We can help you gather information and present a well-informed case to school administrators, starting with the initial hearing. But even if your DAEP placement is already well underway, we can take a look at your situation and advise you. Give our Dallas team a call at 888-535-3686 or complete our online form, and we'll be in touch.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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