Appeal Of Daep Placement (texas) (***urgent Case Please Help***)

***Urgent case, trying to get advice from 24/7 lawyers so far no luck**\*

Location: Texas (PM for ISD)

Core Issue: The school district failed to provide a meaningful conference to allow for the presentation of mandatory mitigating factors, or to provide proper notice (denying the mother a reasonable opportunity to participate) as we think is required by Texas Education Code § 37.009.

Key Facts:

• Procedural Failure: Disciplinary proceedings and a final placement decision were concluded on Jan 15 within less than 3 hours of my son entering campus. This was done despite my son undergoing a medical crisis for which EMS was called, and the school’s inability to reach me.
• Medical Crisis: The questioning continued during my son’s medical crisis. The placement notice was delivered to him while he was still physically and mentally incapable of participating in his own defense.
• Lack of Service: The school conducted an immediate hearing despite their inability to reach me, proceeding only with my separated husband. Police subsequently refused to provide me with the decision paperwork directly, stating I must "ask my ex-husband" to obtain it, despite us being legally married with independent parental rights.
• Appeal Deadline: While a 24-hour window was technically cited in documents I did not receive until after the fact, I am contesting the validity of this deadline based on the failure of service and the medical duress involved. Furthermore, the school implicitly combined the signing of the DAEP placement with the release from police custody, which misled my husband into signing without informed consent about the consequences (he believed he was consenting to ISS).

Mitigation: We have since obtained a formal medical diagnosis (Anxiety Disorder) and expect clean drug screen results shortly (Quantitative benzodiazepine and standard urine drug screen). We are in the process of securing teacher character references—none of which were considered during the initial summary proceedings as required by TEC § 37.001(a)(4). We currently have medical documentation stating isolation is contraindicated for his mental state; I am hoping to obtain a specific letter Tuesday morning recommending against DAEP placement.

Goal: I am seeking to stop the transfer to the DAEP campus scheduled for Thursday, Jan 22, and to have the placement decision voided and reheard with proper notice and due process. We are seeking an alternative placement of ISS or home-bound instruction, including the ability to maintain enrollment in AP classes, and permission to continue afterschool activities.