Exposing Systemic Inequities in Texas DAEPs: What Parents Need to Know

July 16, 2025

Disciplinary Alternative Education Programs (DAEPs) were introduced in Texas to keep schools safe while providing students with behavioral issues a chance to continue their education.

However, these programs disproportionately impact minority students, particularly Black students, resulting in lasting educational setbacks and social stigmas.

If your child is facing placement in a Texas DAEP, the nationwide Student Defense Team at the LLF National Law Firm is here to offer the support you deserve. Learn more about how we can help Texas families by submitting your information via our online contact form or by calling our offices at 888-535-3686.

The Origin of DAEPs

When DAEPs were introduced under the Texas Safe Schools Act in 1995, the aim was to ensure school safety while supporting students who’d committed serious rule infractions. However, as early as 1999, research revealed that the program was not fulfilling its purpose.

Instead of helping students rejoin their regular classrooms with the behavioral support they needed, DAEPs turned into extended suspensions, with little focus on rehabilitation or reintegration.

The Intercultural Development Research Association (IDRA) highlights that DAEPs were disproportionately being used to remove students for minor issues like chewing gum or talking out of turn.

The Racial Disparities: A Systemic Problem

A closer look at the data reveals a concerning trend: Black students are consistently overrepresented in DAEP placements, despite similar or less severe infractions compared to their White peers. The Texas Education Agency reports that while Black students make up only 12.7% of the student population, they account for 31.4% of DAEP placements.

The disparity is not due to differences in behavior but to the subjective nature of disciplinary decisions. Because infractions like “disruptive behavior” or “insubordination” leave room for interpretation, implicit racial biases often lead to harsher punishment for Black students.

The Negative Impact of DAEPs

The consequences of DAEP placements can be severe:

  • Academic setbacks, because DAEPs rarely provide rigorous coursework or extracurricular activities, making it harder for students to catch up.
  • Higher dropout rates due to academic struggles and disengagement.
  • Social isolation and stigma that label students as “troublemakers,” affecting their self-esteem and long-term academic engagement.

Black students are disproportionately subjected to these challenges, making it more difficult for them to thrive in school and beyond.

How Parents Can Take Action

If your child faces code of conduct violations or placement in a Texas DAEP, it’s important to act quickly. Here’s how you can advocate for their rights:

  • Understand the stakes: DAEP placement can have long-term consequences on your child’s education and future opportunities.
  • Know your rights: Parents have the right to challenge and appeal a school’s disciplinary actions if they believe their child has been treated unfairly.
  • Seek legal counsel: An experienced attorney can help protect your child’s rights and ensure they receive access to a fair education.

If your child has been wrongfully placed in a Texas DAEP or subjected to harsh discipline by a Texas school, the Student Defense Team at the LLF National Law Firm is here to fight for their educational rights. Please contact us today at 888-535-3686 or via our online form to take the first step in safeguarding your child’s future.

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