With top-rated schools and easy access to the Dallas-Fort Worth metroplex, Mansfield, Texas, attracts families looking for a suburban setting. Students in the area are zoned for the Mansfield Independent School District (MISD), a 49-school district serving more than 35,000 students.
MISD prides itself on its hometown feel in spite of being a large district. But, being such a large district means administrators deal with their share of disciplinary issues. One response to those issues is to place students in a Disciplinary Alternative Education Program (DAEP), a Texas program that removes students from campus temporarily while minimizing academic disruptions.
If your Mansfield student faces potential DAEP placement, the Lento Law Firm Student Defense Team's Dallas office can help. Contact us at 888-535-3686 or fill out our contact form, and we'll be in touch.
DAEP Placement in MISD
The DAEP provides a separate learning environment for students who commit certain infractions on a MISD campus. The district outlines violations that can result in DAEP placement, as well as the procedure for placement, in its Code of Conduct.
Each campus uses its own discretion when deciding on disciplinary action. However, DAEP placement isn't always up to school administrators. Texas requires DAEP placement for some infractions, although even with mandatory DAEP placement, some students may be exempt.
Initial Complaints
In the MISD, disciplinary action typically starts with a referral to the principal's office. A teacher removes a student from class due to a violation of the code of conduct, and the principal or assistant principal takes it from there.
However, the district also has a safety assessment and threat management program designed to keep students safe. Students can report safety risks through the student safety assessment reporting tool, which can launch an investigation. This information is reviewed by the relevant campus' administration following the investigation procedures outlined below.
MISD's Disciplinary Investigation Process
When a violation occurs, either the teacher handles it directly, or the student is referred to the principal's office. The administrator will look into the alleged violation and determine what, if any, action needs to be taken.
If the issue could potentially lead to a referral to a DAEP, the administrator must schedule a meeting with the student and that student's parent within three days. During this hearing, you'll be given a reason for the removal and an opportunity to respond. Failure to attend the hearing won't prevent a placement decision. In fact, it's the student's best chance to make a statement that could positively influence the outcome.
Following the hearing, the administrator will make a decision. In making that decision, the following must be considered in addition to all the information the administrator has already collected:
- Whether the act was in self-defense
- The intent (or lack of intent) of the student at the time the incident occurred
- The student's disciplinary history
- Any disability that might influence the student's ability to understand the wrongfulness of the behavior
- Whether the student is in the conservatorship of the Department of Family and Protective Services, also known as foster care
- Whether the student is homeless
The DAEP Placement Order
When a student is assigned to a DAEP, the administrator must write a placement order and deliver it to the juvenile court by the end of the second business day following the meeting. This placement order will include :
- The name and contact information of the student
- The name(s) and contact information of the student's parent(s) or guardian(s)
- The name(s) and contact information of any witnesses
- The child's current whereabouts
- Details of the violation that led to placement
- An explanation if the placement length doesn't match the recommended placement length listed in the Code of Conduct
A copy of this placement order will be sent to the student and the student's parent(s) or guardian(s).
Mandatory DAEP Placement in CISD
Texas mandates DAEP placement for certain behaviors. Whether your student is attending the Tarver-Rendon School of Agricultural Leadership or Timberview High School, school administrators have no choice but to refer students to DAEP for disciplinary action for the following behaviors:
- False alarms, including terroristic and bomb threats
- Expellable conduct and federal firearms violations for those who are too young to expel
- Retaliation against school employees
- Felony conduct within 300 feet of a school
- Assault causing bodily injury within 300 feet of a school
- Within 300 feet of a school, selling, possessing, giving, or delivering controlled substances, dangerous drugs, marijuana, THC (without a prescription), alcoholic beverages, or e-cigarettes
- Offenses involving abusable volatile chemicals within 300 feet of a school
- Harassing school employees
The state does make exceptions for students with disabilities, students in foster care, or students who have other mitigating circumstances, as mentioned above. Students under the age of six can't be placed in a DAEP, with the exception of firearms offenses, and elementary school students must be separated from middle and high schoolers on DAEP campuses.
Discretionary DAEP Placement in CISD
With all other DAEP-level offenses, school authorities have the full discretion to decide on sanctions. The following behaviors could result in DAEP placement if the administrator deems it appropriate:
- Bullying that encourages another student to attempt or commit suicide
- Group bullying when the accused incites violence against another student
- Releasing or threatening to release visual material of a student without consent
- Involvement with an unsanctioned group, including street gangs, sororities and fraternities, and secret societies
- Involvement in criminal activity
- Assault without bodily injury
- Offensive or provocative physical contact
DAEP Placement Length in MISD
When a student faces DAEP placement, one of the first questions will be just how long that placement will last. The MISD doesn't have a fixed timeline for DAEP placements, but they'll typically last at least a few weeks.
For longer DAEP placements, some stipulations are in place:
- For stays of longer than 60 days or past the next grading period, the student's parent has the right to appear in front of the board
- Stays of 90 days or longer require a pre- and post-assessment
- Stays of one year or longer are generally reserved for students deemed a threat to the safety of other students or district employees
- Unless otherwise specified in the placement order, a student in a DAEP placement at the time of graduation will be allowed to graduate, with the last day of assignment in DAEP being the last school day before graduation
MISD's DAEP Campus
When an MISD student is referred to a DAEP, that student must report to The Phoenix Academy, the district's DAEP campus. Both student and parent must attend an orientation before starting classes, and the student must follow a strict dress code while assigned to the DAEP.
Transportation is not provided to The Phoenix Academy for its DAEP program, so you'll need to make arrangements. If your student attends Mansfield High, Summit High, or one of the other high schools in the district and drives, that student may eventually be able to earn a parking pass, but all others, including elementary and middle school students, will need to make other arrangements.
DAEP Placement Appeals in MISD
Most appeals start at the campus level. From questions to appealing formal decisions, the code of conduct directs parents to their student's principal's office. You'll need to place any appeals within three days of the administrator's decision using established policies provided by your campus administration. This is known as a level one appeal.
If you aren't happy with the results of your level one appeal, you can take it further up the line to the executive director of student services. This is a level two appeal, and it must be placed within three days of the level one decision. Unfortunately, this is the last step in appealing a DAEP placement, so this decision will be final.
Consequences of DAEP Placement in Mansfield
Whether your student is normally assigned to Legacy High, Danny Jones Middle, Alma Martinez Intermediate, or one of the many other schools in the MISD, DAEP placement can come with consequences. They include:
- No matter how closely the curriculum at The Phoenix Academy matches your student's regular curriculum, academic disruption is inevitable. Even a short stint in a DAEP can put students behind when they finally return to campus.
- Being separated from friends can be tough on some students. They may feel socially isolated and worry that when they do return, their friends may have moved on without them.
- Since The Phoenix Academy doesn't provide transportation, you'll need to rearrange your schedule to drop off and pick up your student throughout the assigned time.
- Students who participate in extracurricular activities like sports and clubs will be temporarily suspended from them. That could mean losing a spot on a sports team or being replaced in clubs and organizations.
- While a student is in a DAEP, important milestones may pass without their participation. This is especially relevant to juniors and seniors who look forward to events like prom and school-sponsored trips.
While these consequences may seem dire, plenty of students transition back to campus and graduate without another incident. Still, avoiding DAEP placement is always the better option.
MISD Student Rights in the DAEP Process
Whether your student violated the code of conduct or not, both students and their families have rights in the disciplinary process. If your student is being considered for DAEP placement, here are your rights:
- The right to legal counsel: Students facing disciplinary action have the right to consult an attorney at all phases of the process.
- The right to an initial notification: When DAEP placement is a possibility, you should be notified and a meeting scheduled within three days of the student being removed from the classroom. You and your student have the right to notification of the date and time of this meeting.
- The right to a meeting: The meeting should include, at minimum, the administrator making disciplinary decisions, the student, and the student's parent or guardian. When relevant, the administrator may include the teacher who removed the student from class in this meeting.
- The right to respond to the charges: At this meeting, the student has the right to be informed of the allegations and to give a response.
- The right to a copy of placement notification: If DAEP placement has been decided, the administrator must deliver a placement order to the juvenile court by the end of the second business day after the meeting. Both parent and student have the right to a copy of the placement order, which should include all the details of when and where the student should report to The Phoenix Academy.
- The right to a hearing with longer placements: If a student is placed in a DAEP for more than 60 days or past the end of the next grading period, whichever is sooner, you have the right to appear in front of the board.
- The right to appeal: If you disagree with the DAEP placement, you have the right to appeal the decision. You'll first appeal with your campus administration, then progress to executive director of student services if you disagree with your campus administrator's decision.
How We Can Help
If you're dealing with DAEP placement in the Mansfield Independent School District, the Lento Law Firm Student Defense Team's Dallas office can help in the following ways:
- Explaining the allegations and what you can expect
- Interpreting school policies and comparing them to the allegations against the student
- Helping you prepare for any meetings or hearings
- Ensuring the school follows due process
- Negotiating for lower sanctions
- Identifying potential violations of your rights and advising you on disputing decisions based on them
- Preparing appeals
- Ensuring a student is allowed to graduate if DAEP placement extends beyond graduation
- Ensuring the campus follows through on any commitments it made in helping the student transition back to campus
- Clearing up the student's academic record when possible
Disciplinary action can be stressful, but the Lento Law Firm can help. If your student is facing DAEP placement in the Mansfield Independent School District, get in touch with our Dallas office. Call 888-535-3686 or complete our confidential online form with some details about your situation.
