As one of the fastest-growing cities in the U.S., Frisco, Texas, has plenty to offer families. Students in the area are zoned for the Frisco Independent School District (FISD), which serves more than 66,000 students across 74 elementary, intermediate, middle, and high schools, as well as three centers for special programs.
Like other Texas public school districts, the FISD uses the Disciplinary Alternative Education Program (DAEP) as needed to maintain a safe and distraction-free school environment. For parents in the district, DAEP assignments can lead to confusion. The Lento Law Firm Student Defense Team's Dallas office works with Frisco parents who are dealing with disciplinary action in the district. If you need help with any disciplinary action in Frisco, Texas, contact us at 888-535-3686 or complete our confidential online form.
What Is DAEP?
Discipline is a part of any school system. Traditionally, school administrators had a tough decision to make for more severe infractions. Students could be suspended or expelled, and both options disrupted a child's academic progression.
Texas came up with an alternative to these extremes. Disciplinary Alternative Education Programs allow students to continue with their academics while being isolated from the general student population. When a student is placed in a DAEP, that student attends the closest alternative campus for a term assigned by the school administrator.
Frisco Independent School District DAEC
Like other school districts in Texas, FISD follows all state mandates when it comes to DAEP placement. The district has its own processes within that, though, and those processes include a multi-tiered system of behavioral support. This system offers guidelines for teachers and administrators to follow when disciplining students.
However, more serious offenses require more serious disciplinary action. The FISD outlines the following disciplinary consequences in its Student Code of Conduct:
- Removal from a student's regular classroom or campus
- Out-of-school suspension
- Placement in a DAEP
- Placement in a juvenile justice alternative education program (JJAEP)
- Expulsion from school
State law limits districts from suspending a student for more than three days, although there is no limit on the number of times a student can be suspended during a school year. A DAEP provides a longer-term option for students whose behavior merits removal from campus for more than a couple of days.
Frisco students assigned to a DAEP will report to the Student Opportunity Center (SOC) located in Frisco. The school administrator determines the length of a student's placement in a SOC. In most cases, a student's DAEP placement won't last longer than a calendar year, but if a student's presence threatens the safety of other students on that student's regular campus, DAEP placement may extend beyond that first year.
About the SOC
The FISD has one Student Opportunity Center located at 6928 Maple Street. During placement in the SOC, students are able to:
- Reflect on behaviors
- Focus on academics
- Prepare for future success when they return to their home campuses
To accomplish this, the SOC combines academics, socialization, and in-school counseling for each student. Transportation isn't provided, so parents will need to drop off students by 7:30 each morning and pick them up by 4 p.m. every day. For high school students, the SOC provides on-campus parking, but all vehicles must be registered before the first school day.
FISD's DAEP Criteria
The FISD follows state law when deciding whether to place a student in a DAEP. It's not a decision administrators take lightly, but some behaviors leave school administration with no other choice. These mandatory DAEP placements are tougher for parents to avoid since the principal and teachers at the child's school have no say in the matter.
However, some behaviors fall under what the state deems “discretionary placement.” With these alleged infractions, teachers and principals are allowed to use their own best judgment when deciding the best disciplinary action. In these cases, parents may be able to talk to the administrators and come up with an alternative.
Mandatory DAEP Placement in Frisco, Texas
If a student displays any of the following conduct in any Texas school district, DAEP placement is not an option. The student must be placed in a DAEP.
- Bomb and terroristic threats against a public school
- Conduct punishable as a felony within 300 feet of a public school
- Committing an assault within 300 feet of a public school
- Selling, giving, or delivering controlled substances or dangerous drugs to another person within 300 feet of a public school
- Being under the influence of marijuana or THC within 300 feet of a public school unless the student has a valid prescription
- Selling, giving, or delivering an alcoholic beverage to another person within 300 feet of a public school
- Committing a serious act while intoxicated within 300 feet of a public school
- Selling, giving, or delivering an e-cigarette to another person within 300 feet of a public school
- Possessing or using an e-cigarette, including e-cigarette components, within 300 feet of a public school
- Public lewdness or indecent exposure within 300 feet of a public school
- Harassing an employee within 300 feet of a public school
- Engaging in conduct that would get an older student expelled, for students aged six to nine
- Committing a federal firearms violation, for students under the age of six
- Retaliating against school employees or volunteers on or off school property
- Committing aggravated robbery or a felony listed under Title 5 of the penal code in qualifying circumstances
If a student commits sexual assault, that student will be moved to another campus. In some cases, that isn't an option, and when that happens, the student will be referred to a DAEP.
Discretionary DAEP Placement in Frisco
State law allows schools to use their own discretion when deciding whether to place a student in a DAEP. The following may lead to a placement, but there's wiggle room for other types of discipline.
- Bullying that leads another student to attempt or commit suicide
- Bullying that incites group violence against another student
- Releasing or threatening to release intimate photos or videos of a minor without consent
- Involvement in a school fraternity or sorority
- Involvement in a secret society or gang
- Involvement in criminal activity involving a street gang
- Any criminal mischief, including a felony
- Assault with injury or threat of injury
- Assault by provocative or offensive physical contact
FISD's Classroom Removal Procedures
When a student is removed from a classroom for any reason, the school administrator will schedule a conference with the parent, the student, and any teacher involved in the removal. This will happen within three school days.
At the hearing, the student will be given the reasons for the removal and an opportunity to respond. The hearing is crucial since it's usually the only opportunity the student has to state his or her case. This is where the Lento Law Firm Student Defense Team's Dallas office can help. If you reach out to us before the hearing, we can work with you to craft a solid defense for the student to present, potentially preventing the situation from escalating to DAEP placement.
Consideration of Mitigating Factors
Administrators look at the alleged infraction and how it relates to the code of conduct when making a decision on DAEP placement. Beyond that, six key factors are considered:
- Whether the behavior was self-defense
- The intent of the student
- The student's disciplinary history
- Any disability that might have impacted the student's understanding of the wrongfulness of the behavior
- The student's status in the conservatorship of Texas's Department of Family and Protective Services
- Whether the child is homeless
FISD's DAEP Placement Procedures
The FISD follows a list of procedures that govern how disciplinary measures are handled. This process usually kicks off when a teacher sends a student to the principal's office due to an incident or series of incidents. From there, the disciplinary process begins.
- The administrator uses the multi-tiered approach to mitigate the behavior
- For more serious infractions, the teacher may initiate a formal removal from class
- With a formal removal, the administrator will schedule a conference as mentioned above
- The administrator will gather all the information, including the student's side of the story, and make a decision
- If the student is referred to a DAEP, the school administration will write a placement order, a copy of which will be sent to the parent or custodian
- The DAEP placement order will be delivered to the juvenile court
Primary School Students and DAEP Placement
If the incident occurred at Frisco Centennial High School, Lawler Middle School, or one of the other secondary schools in the district, DAEP placement is fairly straightforward. But things got a little more complicated when the alleged misbehavior happened at one of Frisco's many primary schools.
Students must be at least six years of age to be placed in a DAEP. But if you're worried about your elementary school student, protections are in place. The state does not allow students below sixth grade to be placed in a DAEP with middle school and high school students.
Appealing DAEP Placement
If your student is impacted by disciplinary action, it's important to document everything and familiarize yourself with the district's policies. You can appeal a DAEP placement, but you'll need to put together a solid case for that appeal to be successful.
The principal will make the decision to place a student in a DAEP, so parents will need to appeal to a higher authority in the district. This includes:
- The superintendent
- The chief of schools
- The associate superintendent
In Frisco, the superintendent has a seven-member board of trustees that sets policies for the district. This board will review your appeal and make a decision. Unfortunately, the board's decision is final.
DAEP Attendance During an Appeal
Appealing a student's DAEP assignment doesn't prevent that student from carrying out the original discipline. The student will need to report to the DAEP on the date ordered and continue to attend until the appeal is approved or the DAEP term ends.
During a student's assigned DAEP term, he or she is not allowed on any Texas public school campus outside of the assigned SOC. This means any extracurricular activities will need to be put on hold until the student has been cleared to return to his or her original campus.
The Impact of DAEP Placement
Disciplinary action of any type can disrupt a student's academic progression and social life, but DAEP placement can be particularly challenging for a family. Shifting to a different school, even temporarily, disrupts a student's daily life, and even when it's time to return to the original campus, a student may have a tough time reintegrating.
But students aren't the only ones who see this disruption. Parents will need to arrange transportation to the SOC and note the start and stop times of each school day.
The biggest impact of any serious disciplinary action is the fact that it's recorded on a student's record. DAEP placement will remain in a student's file throughout his or her academic life, and it could affect future learning opportunities.
What to Do About DAEP Placement in Frisco
If you're dealing with disciplinary action in the Frisco Independent School District, it's important to know your rights. Having a legal partner on your side can make a big difference.
The Lento Law Firm Student Defense Team has helped students navigate the DAEP placement process, including appeals. Our Dallas office has helped students and their families in the following schools:
- Fowler Middle School
- Pioneer Heritage Middle School
- Hunt Middle School
- Scoggins Middle School
- Lone Star High School
- Wakeland High School
- Frisco High School
- Heritage High School
How We Can Help
The Lento Law Firm Student Defense Team has offices across Texas, including our Dallas location, which covers the Frisco Independent School District. While we support school districts in their need to maintain a safe and comfortable learning environment, students and parents can benefit from our years of experience in working with Texas school districts.
If you're dealing with disciplinary procedures in the Frisco Independent School District, our team can help. Get in touch with our Dallas office at 888-535-3686 or fill out our online form to discuss how we can help you with your DAEP placement and other disciplinary issues in the Dallas area.
