Texas allows schools to place K-12 students in disciplinary alternative education program (DAEP) placement. Students may be removed from their normal classroom and placed in these programs following misconduct or behavioral issues.
Students can benefit from a DAEP placement. Unfortunately, students can too easily be subjected to school discipline or unfairly singled out. Students with disabilities may be punished without any consideration of how their disability can affect their behavior.
Students and parents don't have to simply accept a DAEP Placement. The Education Law Team at the Lento Law Firm assists families in Denton and throughout Texas in contesting DAEP placements and other disciplinary issues.
If your student is facing a DAEP placement or is already in a placement, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
What's a DAEP?
Since the 1990s, K-12 public school districts in Texas are required to have disciplinary alternative education programs (DAEPs). Part of a school's disciplinary system, placement into a DAEP can be mandatory or discretionary. A placement happens after a student violates either state law or school policies.
All school districts must have either a DAEP or share a DAEP with other school districts. To meet Texas's requirements, districts must ensure that DAEPs:
- Do not take place in a student's regular classroom
- Have a different location than a student's regular school, either in the same building or elsewhere
- Separate students in DAEP placements from the rest of the student body
- Concentrate instruction on English, math, science, history, and self-discipline
- Assist place students with their educational and behavioral needs
- Provide supervision and counseling
- Provide special education accommodations and support for students with disabilities
- Note: These accommodations can differ from what a student receives in their normal classroom as long as these supports are effective
- Employ teachers who meet Texas's certification requirements
School Districts in Denton
Denton Independent School District is the primary public school system in Denton. As Texas's school districts don't follow county or city lines, parts of Denton are also part of:
- Argyle Independent School District
- Krum Independent School District
- Ponder Independent School District
- Sanger Independent School District
While there are many similarities between different district's DAEP policies, students and their families should consult their district's handbook or code of conduct.
Denton is also home to the Texas Academy of Mathematics and Science. Affiliated with the University of North Texas, TAMS is a state-funded public high school. The program's unique high school-college hybrid, however, means that it uses a different disciplinary system than other Texas public high schools. Its disciplinary actions don't include DAEP placements.
The Education Law Team at the Lento Law Firm can help with disciplinary and academic issues beyond DAEP placements. If you or your student is having education-related issues, contact us.
Getting Help
The Education Law Team at the Lento Law Firm has four offices in Texas. For Denton residents, our Dallas office is the most convenient location.
We assist students and families throughout Texas with discipline issues, including DAEP placements. We combine our knowledge of federal and state laws with an appreciation of how each school district is unique. Our goal is to help our clients find resolutions that focus on protecting their student's right to an education.
Accessible DAEP Policies
All school districts should make their DAEP policies easily accessible to families. These policies should be available in a code of conduct, student handbook, or other school publication. Most districts now make these policies available online.
Having access to policies and other school documents is one way for students, parents, and guardians to check that a school consistently enforces its policies and doesn't single out students. Denton ISD, for example, has a DAEP placement checklist.
This checklist is designed for Denton ISD faculty and staff members, but the district makes it available on its website. This type of resource is useful for families because it can help make the process easier to understand and potentially minimize the risk of unfair treatment during the DAEP placement process.
Types of Placements
Texas has two types of DAEP placements: mandatory and discretionary. Mandatory placement refers to situations when a school district must place a student in a DAEP. Discretionary placement refers to times when a school district may place a student in a DAEP.
Most school districts divide DAEP placements into two groups: elementary and secondary. Krum ISD follows the standard division of kindergarten through Grade 5, which is part of the elementary group, and Grades 6 to 12, which is the secondary group. In general, elementary students cannot be placed with students from any other group.
Mandatory DAEP Placements
Participating or engaging in certain types of conduct will land a student in a mandatory DAEP placement if a school finds out about it. The Texas Education Code establishes some of these mandatory offenses, and school districts can add other categories to mandatory DAEP placements.
School districts may also be required to report certain conduct to local law enforcement. Denton ISD includes a list of offenses that trigger mandatory reporting to law enforcement.
District's DAEP policies should include a list of what falls under mandatory and discretionary DAEP placements. Most drug and alcohol offenses fall under the mandatory classification.
Ponder ISD's code of conduct lists behavior that results in a mandatory DAEP placement. A few examples:
- A student harasses or retaliates against school staff, teachers, or volunteers
- A student is between ages six and nine and commits an expellable offense
- A student is under the age of six and commits a federal firearms violation
- A student commits certain felonies
Schools don't have leeway with mandatory DAEP placements. If they find a student committed an infraction, they must place them in a DAEP. Details such as the length of a DAEP placement can vary.
Discretionary DAEP Placements
With discretionary placements, whether a student attends a DAEP hinges on the school's decision. These placements aren't required. Discretionary placements come from Texas law and a school district's code of conduct.
The flexibility of discretionary placements can be good and bad for students. Because they're decided on a case-by-case basis, a school district may unfairly single out a student or try to use them as an example.
Parents and guardians should ask if a school district has guidelines or other policies to ensure fair treatment of students. Sanger ISD, for example, provides a chart on misconduct and the resulting punishment.
For example, a student skips class. The first time Sanger ISD catches them, they face a one-day in-school suspension. The second time, the student will receive a three-day in-school suspension. After the third time, the school will consider a DAEP placement.
In comparison, a student possesses a weapon at a Sander ISD school. This misconduct results in an automatic DAEP hearing.
Texas places certain types of bullying and threats as actions that can result in a discretionary DAEP placement. This flexibility can be good for students, but if you believe your student is being unjustly targeted, contact the Education Law Team at the Lento Law Firm.
Emergency Placements
School districts may choose to use an emergency DAEP placement when they believe a student is a threat to the school community. In these cases, school staff have to provide only a verbal explanation for the removal.
Schools must conduct a DAEP hearing or conference within ten days of the placement. As Denton ISD points out, this hearing must align with the requirements for the student's DAEP placement.
If a student has a disability, emergency placements must follow all federal and state disability laws.
Length of Placement
Each district decides who determines the length of a student's DAEP placement. Both Krum ISD and Argyle ISD, for example, rely on a CBC.
Districts may have different
- What was the severity of the student's offense?
- What is the student's age and grade level?
- What history of misconduct does the student have, if any?
- What is the student's attitude?
- What laws or policies, if any, are relevant to the DAEP placement's length?
As the Argyle ISD Code of Conduct points out, if a student gets involved with additional misconduct during a DAEP placement, they may face new disciplinary action. This can include a hearing or an extension to their DAEP placement. Students shouldn't assume that a current DAEP placement exempts them from other consequences.
In general, the maximum length of a DAEP placement is one year. Texas does allow exceptions for longer-term placements and placements that cover multiple school years.
Long-Term Placements
Student may face DAEP placements for longer than a year when they're a threat to the safety of their school's community. Placements may also extend into multiple school years.
DAEP Process
The DAEP placement process starts when a teacher or staff member removes a student from their normal class or schedule. Within three days of a student's removal, either the campus behavior coordinator (CBC) or a school must conduct a conference.
During the conference, school staff should:
- Give families, either verbally or in writing, the reasons for a student's removal
- Explain the reasons for a student's removal
- Provide students and parents an opportunity to respond
Parents and student attendance at this conference isn't mandatory. The caveat is that a school district made efforts for their attendance but were unsuccessful.
If families were unable to attend the DAEP conference and their student's school didn't make valid attempts to schedule the conference to ensure they could attend, contact the Education Law Team at the Lento Law Firm.
Mitigating Factors
Many DAEP placements are decided on a case-by-case basis. The details and circumstances surrounding a student's actions are relevant and, in some cases, may justify a student's actions or reduce any disciplinary action against them.
Denton ISD uses the following mitigating factors when deciding DAEP placements:
- Did the student act in self-defense?
- Did the student have the intent (or lack of intent) when they engaged in the alleged conduct?
- What is the student's disciplinary history?
- Does the student have:
- An eligible disability under federal or state law?
- If yes, does that disability substantially affect the student's ability to understand their conduct and why it was wrong?
- Is the student homeless at present?
- Is the student currently under a conservatorship of the Department of Family and Protective Services (AKA foster care)?
A student's rights don't decrease because they have a history of disciplinary problems or have multiple allegations of misconduct against them. The Education Law Team at the Lento Law Firm can help protect your student's rights.
Appeals
In some cases, students have the right to appeal a DAEP placement decision. Students and families should check with their district for the proper appeals process. Failure to properly appeal may end your student's ability to appeal the decision.
Ponder ISD, for example, instructs students and families to check their school's policy for appeals. The policy should be available through their student's principal's office or other district offices. Families can also check the Ponder ISD Board's policies, which are available online.
Students with Disabilities and DAEPs
Schools are required to provide special education services to students with disabilities. This is the case even when a student faces disciplinary action.
Before a student with a disability faces disciplinary action, however, a school district may be required to conduct a manifestation determination. This process looks at what influence, if any, a student's disability had on the student's behavior and the student's ability to understand why their conduct was wrong.
Students with disabilities who are placed in a DAEP must still receive accommodations and support. What can change is what those services are. School districts aren't required to provide the same services during a DAEP placement or other disciplinary action.
Protect Your Student's Education
DAEP placements can be stressful for students and their families. They can have a detrimental impact on a student's education.
If your student is either in or facing a DAEP placement, the Education Law Team at the Lento Law Firm is here to assist you. We help our clients understand the processes and their options.
Your student has a right to an education. They also deserve to have their future and their dreams protected. The Education Law Team at the Lento Law Firm helps support students and families in Denton and throughout Texas. Call us at 888-535-3686 or fill out an online form.
