Principals and certain other employees in Texas’s educational sector have several ways to discipline students. Placing a student in a Disciplinary Alternative Education Program (DAEP) is one of the most extreme steps a school can take, and it’s a step that can occur without a parent’s consent.
Texas law dictates the conditions under which students must be assigned to a DAEP. Principals and other authorities at each individual school may also have discretion to remove students and place them in an alternative education setting. While parents (and other guardians) must be notified of such decisions, the school can render those decisions regardless of the guardian’s agreement.
That being said, guardians have the opportunity to voice their disagreements and concerns before a student is formally assigned to a DAEP. We will talk about that opportunity and explain how the LLF National Law Firm Student Defense Team will help you make the most of that opportunity.
While Texas law (and many administrators) speak of DAEP placement as a rehabilitative step, it can be detrimental to many students. Our firm fights to get better, fairer resolutions for students who deserve understanding and empathy—this is what we will do for your student.
Call the LLF National Law Firm Team today at 888-535-3686 or contact us online.
A Brief Explanation of Texas’s Disciplinary Alternative Education Programs (DAEPs)
“DAEP” is not an acronym that rings familiar to most people, even including parents of students in Texas. So, if you are not familiar with what a DAEP is, here are a few facts to get you up to speed:
- Texas law carves out DAEPs as a sort of middle ground between expulsion and lesser punishments such as suspension and behavioral probation
- When a student is placed in a DAEP, they are typically required to attend school on another campus that has been reserved for that DAEP (though sometimes a DAEP may share physical grounds with a non-DAEP school)
- Each school district, or individual charter schools, generally form their own DAEP-specific policies, though those policies must be in accordance with Texas’s education code
- DAEP is intended to be a temporary measure, with the goal being for the student to correct any behaviors that have led to them being removed from their classroom, then return to their original school
- There are many criticisms of the DAEP system, including that it offers substandard academic education, can stigmatize students, and often does not result in the student’s rehabilitation
If your student faces possible assignment to a DAEP, we assume you are at least somewhat familiar with this alternative education system. Even so, the more information you have, the more effectively you can advocate for your student—with our help.
How Disciplinary Concerns Can Escalate Into a DAEP Placement
While you now have a general overview of what DAEPs are and why they can be harmful to students placed in them, you must also understand how disciplinary concerns can lead to such a severe outcome.
One hypothetical scenario that illustrates how a student might wind up being placed in a DAEP is:
- A student, call him James, is accused of bullying another student
- James has a prior history of being accused of bullying, though he contends that he has only engaged in good-faith back-and-forths meant to inspire fun and levity
- The school principal decides that, in light of a perceived pattern of bullying, James should be placed in a DAEP to correct his behavior
There can also be cases in which the decision to place a student in a DAEP is not as much of a decision. Some instances require mandatory removal of the student, and we will discuss some of those instances next.
Who Ultimately Decides Whether a Student Should Be Placed in a DAEP?
Anyone who has been a student knows that most of the rule-breaking behaviors students engage in are not especially serious. However, these behaviors can qualify a student for DAEP placement, and it is generally up to a principal or other high-ranking administrator to decide whether DAEP placement is necessary.
In making such a decision, the principal might rely on:
- The guidance of Texas law
- Their district’s or school’s unique policies governing discipline and DAEP placement in particular
- The student’s prior behavioral history
- The details of the circumstance in question (for example, a student defending themselves after being physically assaulted should generally face far less severe punishment, if any, than the student who initiated the confrontation)
- Their instincts about whether DAEP placement would be necessary or beneficial in the given situation
The Texas Education Code details the offenses that can result in DAEP placement (at the decision-maker’s discretion) and those that must result in DAEP placement. Some of the alleged infractions that can result in DAEP placement are persistent disruption of the classroom, fighting, bullying, and harassment.
Then there are cases where Texas law calls for the mandatory placement of a student in a DAEP. These offenses can include:
- Any conduct that would be punishable as a felony if law enforcement were involved
- Aggravated assault
- Lewd activity
- Possessing or distributing controlled substances
- Possession of certain weapons
Some of these and other alleged offenses, including possessing certain weapons, can trigger mandatory expulsion, which is more serious than DAEP placement. The details matter when it comes to such consequential disciplinary circumstances.
Even if a student’s alleged actions would expose them to mandatory DAEP placement, questions remain. The primary question is whether the student actually committed the infraction they are accused of.
The LLF National Law Firm Team excels in acquiring the facts and fighting for students to avoid having their futures compromised by harsh discipline or false allegations. Allow us to be your students’ most ardent advocates.
Measures Guardians Can Take to Contest Their Student Being Placed in a DAEP
You have surely noticed that it is school and district employees (generally a principal) who decide whether to assign a student to a DAEP. In some cases, Texas law mandates that a student be assigned to a DAEP.
The glaring commonality is that the student’s parents don’t make the final call about DAEP placement.
This does not mean that you, as a guardian, are entirely helpless to prevent your child from being removed from school and placed in a DAEP. You and your student have a right to due process, which includes:
- Notification that your student has been accused of misconduct: Parents and other guardians must be informed about disciplinary issues involving their student. Knowing that your student faces possible DAEP placement is the first step in preventing that placement.
- A conference that allows you to voice your concerns and wishes (and present your student’s perspective): Before a student is removed from their school to be placed in a DAEP, parents have a right to participate in a conference. You will be able to explain why you don’t believe DAEP placement is right for your student, present your student’s perspective on the events that have led to this point, and hear what decision-makers are thinking.
- The right to appeal DAEP placement: If a principal or other decision-maker elects to place your student in a DAEP, you generally have the right to appeal to the school board. That school board’s decision will be final, but appeals can force a reconsideration of the original decision, and possibly enact a better outcome for your student.
These rights and processes can look different if a student is disabled. Disabled students generally have added protections from being placed in DAEPs, and the LLF National Law Firm Team takes (and enforces) those rights seriously.
You can also expect differences in these processes if your student goes to a charter school. These schools are within the public school system, but generally have greater authority to dictate disciplinary proceedings and make decisions that are less subject to appeal or questioning from parents.
In any case, our team will ensure you make the most of your rights. We will do everything in our power to tell your student’s side of the story, voice your concerns and demands, and enact the best possible outcome for your student.
How the LLF National Law Firm Student Defense Team Will Work to Help Your Student Avoid a DAEP
The LLF National Law Firm is, as the name suggests, national. Our resources and experience span the country, but the sense of Texas pride has always resonated with our team, which is immensely proud to help students in Dallas, Austin, Houston, San Antonio, El Paso, and other communities throughout the great state.
We look forward to meeting you and your student and putting together a personalized plan. Each case is unique, but our goal is always to spare students from harmful discipline and, instead, reach a resolution that is more compassionate and, in the long run, beneficial for the student.
Some of the common ways that we assist students and their guardians during the DAEP placement process are:
- Clarifying the facts and evidence: We must get a comprehensive lay of the land. This means getting the student and guardian’s perspectives, gathering and evaluating relevant records and evidence, speaking with school officials to get their perspectives, and clarifying both favorable and unfavorable facts.
- Evaluating realistic options: Not every student has the same options. A student who has a pristine disciplinary history and is accused of a relatively minor offense might, realistically, be able to get a more lenient disciplinary outcome than another student facing more serious accusations. We don’t deal in false hope, but we also believe in fighting for the best possible outcome an individual student can realistically achieve.
- Equipping the student and their guardian for everything to come: Uncertainty is among the most distressing aspects of the DAEP placement process—or anydisciplinary proceeding, for that matter. We will lend you the benefit of our experience dealing with DAEP placement, our knowledge of the Texas education code, and our understanding of what comes next. This should instill confidence and at least some peace of mind in you and your student.
- Pursuing the best resolution as efficiently as possible: Our goal is to resolve this stressful problem for you and your student. It’s an urgent priority. At the same time, our highest priority is to secure the best possible outcome that will keep your student’s dreams and ambitions intact.
- Leading appeals, when we need to: DAEP placement decisions do not always go the student’s way, despite our best efforts. That’s why appeals exist. When we need a second chance to convince authorities to make the right decision, we take full advantage.
The LLF National Law Firm Student Defense Team will also be available for you and your student throughout this process. Consider us your all-encompassing resource and support system.
If DAEPs Are Meant to Help a Student, Why Would I Fight a DAEP Placement?
If you were just to read Texas law and public agencies’ statements about Disciplinary Alternative Education Programs, you might think it was the educational version of rehab. Students who are struggling go there to get right—no harm, no foul. That’s the official narrative.
Reality is starkly different, as we have seen how DAEP placement can:
- Isolate students who are already suffering from mental health challenges
- Cause a student to be outcast and stigmatized once they return to their original school
- Contribute to students falling behind academically (and may even cause them to be held back in the future)
- Compromise the student’s goals for college and professional life, as DAEP placement is a glaring blemish on a disciplinary record
There are some circumstances in which DAEP placement is actually the better option than the alternative. We see this when a student is facing possible expulsion.
For many students, though, remaining in their current school is the far more beneficial alternative to DAEP placement.
The LLF National Law Firm Team Knows How to Fight DAEP Placements. Let Us Help Your Student.
If you are reading this while you or your student faces possible DAEP placement in Texas, you are fortunate. You have found an experienced legal team driven by helping students and their loved ones. We spare no resource on student defense, and we know our stuff.
Call the LLF National Law Firm Student Defense Team today at 888-535-3686 or contact us online. Your student’s case is urgent, so do not wait to speak with our team.