Growing up is hard, and it shows in the way that many children and teenagers act out, break rules, and challenge authority figures. It's normal, and parents, teachers, school administrators, and other leaders are responsible for helping their adolescent charges to learn how and why to behave. The Disciplinary Alternative Education Program (DAEP) is one way that Texas tries to fulfill that duty.
The idea is simple and noble: students who struggle behaviorally and emotionally can receive the personalized attention that they need while continuing their education in an environment where they will not disrupt their peers and teachers. Though it's meant to be helpful, many students who are sent to the program end up worse off, including in the Spring Independent School District.
Parents in the Spring Independent School District must take action to prevent their children from going to a DAEP. The first step to take is to contact the Lento Law Firm Education Law Team. Call our offices today at 888.535.3686 or fill out this contact form.
A Summary of the DAEP
Most Texans have heard of the Disciplinary Alternative Education Program. However, they may not know the history or most pertinent details. The Lento Law Firm understands the DAEP, and they believe it's equally important that you do, too. Here's an overview.
The Beginning of the DAEP
In the 1990s, the Texas state government was trying to tackle the problem of exceptionally unruly students causing chaos in schools with little in the way of remedial action. It made learning and teaching harder for everyone involved.
Passed in 1995, the School Safety Act provided the state's attempt at a solution. It stipulates that students who need extra care and guidance to control their actions and emotions would do so on a separate campus. They would keep up with the same curriculums as their peers while addressing their issues, and other students and teachers were free to carry on as usual, free from distractions and interruptions.
Students placed in a DAEP have to remain there for 30 to 40 days, though school district administrators can require them to stay longer if they haven't shown sufficient improvement. Administrators in the Spring Independent School District try to ensure that each DAEP plan makes sense for students and teachers alike.
Reasons for Placement
No one should have to worry about going to a DAEP for minor infractions and common mistakes. Only students who commit the most serious offenses and violations are supposed to be considered eligible for a DAEP. The following are examples:
- Any convictions of state- or federal-level crimes, especially felonies
- Abusing peers or staff physically, verbally, or emotionally
- Vaping, smoking, drinking alcohol, or using illegal drugs on a school campus or at a school-sponsored program
- General patterns of violence, disruption, disrespect for rules and property, and other types of inappropriate or destructive behavior at school
Sometimes, violations like these can result in expulsion. However, that's more likely to happen only in extreme cases; sending the offending students to DAEPs is a more common response.
Placement Process
In the Spring Independent School District, teachers are typically the first to recommend students who need to go to a DAEP. They inform the school or district administrators, who then launch an investigation to decide whether it's truly an appropriate action to take. The investigation usually includes examining the evidence, grading the severity of the offenses, assessing the student's guilt, and considering whether a DAEP would help.
The student's parents or guardians receive a notification about the investigation as it begins. They'll also be invited to attend a conference with the district administration to review the student's academic and behavioral history, evaluate mitigating factors, and hear additional testimonies or arguments. If necessary, the recommending teacher will be there as well.
This might be where you and your child are in the placement process. Your child is less likely to be sent to a DAEP if the motivations behind their misbehavior have anything to do with learning disabilities, homelessness, domestic problems, or bullying. Also, if the administrators determine that your child should go to a DAEP, the Spring Independent School District has an appeals process in case you want to fight that decision.
However, to minimize stress and interruptions to your child's education, it's best not to let the situation progress to that point. Make sure that the Lento Law Firm Education Law Team is present at the conference to ensure that the DAEP is entirely ruled out as an option. Alternatively, they can offer legal assistance with an appeal.
Why Shouldn't Your Child Go to a DAEP?
Maybe you're thinking that a DAEP in the Spring Independent School District would truly help your child with their struggles; reconsider. The idea might sound good in theory, but there are numerous ways that it's been shown to harm students. For example:
Unfair Placement
As previously explained, DAEPs are meant only for students who are guilty of egregious violations or crimes. Nevertheless, studies show that a disproportionate number of students assigned to DAEPs are part of minority communities and/or students who committed minor infractions.
First, consider the demographics of Houston, Texas. Black and Hispanic residents outnumber those primarily of white European descent. Nevertheless, according to a report published in 2018 by the Intercultural Development Research Association (IDRA), most of the students sent to DAEPs are Black or Hispanic, clearly indicating an unequal assignment rate.
Even earlier, in 2011, the Open Society Foundation discovered that most misbehaving Black students need special education, but they're more likely to go to DAEPs instead. Also, many students received their assignments at DAEPs for doing things as insignificant as chewing gum in class.
Children and teenagers are aware when they're treated unfairly. Going to a DAEP could damage your child emotionally and psychologically, lowering their self-esteem and/or their willingness to abide by society's rules, seeing that they are not enforced equitably.
Low Attendance
Texas does not use its school buses to take DAEP students to their respective campuses. This means that DAEP students must figure out how to get to school by themselves. If the students can't reliably walk, drive, access public transportation, or get rides from others, they're unlikely to attend their classes regularly.
Texas law mandates that students must attend at least 90% of their classes to be eligible for graduation. Imagine how difficult it is for DAEP students to meet that requirement, especially if they are assigned to a DAEP more than once. In fact, the Spring Independent School District has a chronic absenteeism rate of 18.5%, and DAEP students likely make up a significant portion of that figure.
Poor Academic Instruction
Even when they're able to attend, students in DAEPs are unlikely to receive the quality education that they're promised. The IDRA noted in 2009 that DAEP students often underperform in math and reading due to subpar academic instruction. They couldn't even make up for lost time after going back to their regular schools because of the difficulty of the transition process.
As it is, only 46% of the high school students at Spring Independent School District scored as proficient or better at reading, while just 30% did so for math. Your child's chances of success will only suffer more with a DAEP.
Emotional and Social Damage
Adolescence is a crucial time for developing emotional health and social skills. Nevertheless, roughly 38% of teenagers in Texas report consistently struggling with sadness and hopelessness, and about 17% say that they have poor mental health in general.
Since placement in a DAEP usually creates or reinforces a negative reputation and/or a low sense of self-esteem, students are likely to suffer mentally and struggle to form friendships. If your child goes to a DAEP, they could become part of those concerning statistics. Plus, if their reputation prevents their peers from accepting them, they may turn to negative social influences instead.
High Dropout Risk
With a lack of transportation, fair treatment, quality education, or social and emotional support, it's no surprise that DAEP students are more likely than their peers to drop out of school. In fact, the University of Texas found that just 44% of DAEP students go on to graduate. To make matters worse, that figure jumps to 25% for students who are assigned to a DAEP more than once.
In the 2020-2021 school year, the Spring Independent School District reported that 3.9% of its high schoolers dropped out, and 63.1% were at risk of it. Because of all the difficulties and burdens they must handle, DAEP students tend to make up a notable portion of those numbers and are twice as likely to follow through.
Greater Likelihood of Committing Crimes
All these outcomes come together to form one great outcome that is more negative than the rest—the increased chance of turning to crime for survival or as a coping mechanism.
Social alienation, emotional turbulence, mental disorders, and a lack of schooling all combine to make children more likely to use crime to survive and/or vent their frustrations. This could acquaint them with the Texas state juvenile justice system, putting them into frequent contact with other struggling children in addition to disrupting their education. Lifelong criminals commonly begin their careers during adolescence, so they're also more likely to have difficulty finding jobs or housing when they're not in prison.
Luckily, El Paso's crime rate is lower than the national average, but it still provides opportunities for criminals to entrench themselves in patterns of lawbreaking. Given all the ways it could damage your child academically, emotionally, mentally, and socially, the DAEP could push your child into interacting with the city's criminals and developing a lengthy record for violating the law.
Why Hire the Lento Law Firm?
You might think that you can handle this situation on your own, but education law is complex, especially when it comes to DAEPs. Hiring the Lento Law Firm Education Law Team is the best action you could take, and this is why.
They'll Work Closely With You
Once you have the Lento Law Firm Education Law Team on your side, they'll be with you for every phase of the case, from the investigation to the conference to the appeal, if necessary. They'll ensure that you understand your rights as a parent, your child's rights as a student, and the details of relevant education policies so that you can protect your child. At the conference, they'll step up as your child's advocate, arguing capably and passionately on their behalf.
They'll Personalize a Defense for Your Child
Everyone is unique, so they need unique defenses. However, your child also deserves defense methods that are tried and true. The Lento Law Firm Education Law Team is adept at fusing those considerations together to create defense strategies and techniques that are proven and reliable yet customized for your child's personality, needs, and situation. Their commitment to treating your child like a three-dimensional person will help them gain sympathy and leniency from the Spring Independent School District administration.
They're Highly Experienced in DAEPs and Education Law
The Lento Law Firm Education Law Team is no stranger to DAEPs and all the regulations and policies pertinent to them. Their familiarity is enhanced by the extensive knowledge of education law and successful defense strategies they've employed in similar cases throughout the United States. The combination of their national and regional experience makes them more prepared to effectively support your child than the lawyers you see on billboards.
They're also just as available to Houston residents as local attorneys. Spring Independent School District parents and students can easily visit the Lento Law Firm Education Law Team in their office at 1201 Fannin St., Suite 262, Houston, TX, 77002.
Don't Allow Your Child to Go to a DAEP
There are many effective methods for helping children and teenagers manage their emotions and behavior. However, a DAEP is not among them. If your child is facing a possible DAEP assignment, you need to protect them. That starts with calling the Lento Law Firm Education Law Team at 888.535.3686 or filling out a contact form.
