Texas allows school districts to send students to an alternative education program in response to misconduct. Known as disciplinary alternative education program (DAEP) placement, these programs take students out of their normal school environment. They, in fact, require that a student under a DAEP placement not participate in their normal school day routine.
While some students may benefit from a DAEP placement, for others, it can hurt their education. School discipline isn't a perfect system, and students may be incorrectly placed in a DAEP.
Even when parents or guardians agree that a student misbehaved, they may disagree with the DAEP placement. A school may fail to consider events in context. They may try to dismiss the role a student's disability played in misconduct. Or a staff member may be singling out a student and
Whatever the reason, families don't have to simply accept a school's disciplinary action. Students and families have options for contesting these decisions. DAEP placements can have an enormous impact on a student's education, especially when that student is being unjustly forced out of their normal school and routine.
The Education Law Team at the Lento Law Firm helps families in Ector County and throughout Texas when their student has been accused of misconduct in school. Our team focuses on student-centered resolutions that protect your student's right to an education.
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?
Disciplinary alternative education programs (DAEPs) date to the 1990s. Schools place students in a DAEP following misconduct.
Texas requires that school districts either have a DAEP or share an alternative education center with another school district. Texas has set the following requirements for DAEPs:
- They cannot be in a student's regular classroom
- They can be in a different location than a student's regular school
- Students placed in DAEP must be separated from other students
- DAEP instruction focuses on English, math, science, history, and self-discipline
- Support students' educational and behavioral needs
- Provide supervision and counseling
- Teachers in DAEP must meet Texas's certification requirements
Ector County Independent School District
Ector County Independent School District (BISD) is the primary school district for Odessa. The district serves rural areas of Ector County as well as the following communities:
- West Odessa
- Gardendale
- Goldsmith
During the 2024-2025 school year, the district released a DAEP Campus Improvement Plan. The goal of the plan was to increase the number of students who met the standard on state assessments. Prior to this plan, only 32 percent of students were meeting or exceeding progress measures.
Getting Help
The Education Law Team at the Lento Law Firm has four offices in Texas. Our El Paso office is the closest office for Ector County ISD students and their families.
Our team balances our knowledge of state and federal laws against each school district's unique character and policies. Given our work with families throughout Texas, we're familiar with different school districts and their programs, which can be beneficial to compare and contrast against Ector County services and programs.
Types of Placements
Ector County ISD follows Texas law in having two primary DAEP placements, mandatory and discretionary. Mandatory placements mean that a student's misconduct requires a school to place them in a DAEP. Campus behavior coordinators make the decision on a student's DAEP placement.
In comparison, discretionary placements give schools flexibility to decide whether to place a student in a DAEP. The Ector County ISD Code of Conduct lists what misconduct falls under a discretionary placement and what misconduct requires a mandatory placement.
Ector County ISD divides DAEP placements into age classifications. The elementary classification covers kindergarten to Grade 5. The secondary classification covers Grades 6 to 12. If students are assigned to a DAEP summer program, that program must be separate from non-DAEP summer programs.
Mandatory DAEP Placements
Under Texas law, a student who a school district finds engaged in certain types of conduct must be placed in a DAEP. Some mandatory placement offenses are listed in the Texas Education Code. School districts can choose to add additional mandatory placement offenses at their discretion.
The Ector County ISD Code of Conduct lists conduct that will result in a mandatory DAEP placement. Some of these activities include:
- A student who is involved in a false report or alarm or a terrorist threat involving a public school
- A student commits one or more of the following offenses when within 300 feet of school property or while attending a school event:
- Assault that involves bodily injury
- Conduct punishable as a felony
- Selling, giving, delivering, using, or being under the influence of alcohol, marijuana, a controlled substance, cigarettes or e-cigarettes, or a dangerous drug if the amount is below what qualifies for a felony
- Felony-level drug offenses may result in expulsion rather than DAEP placement
- Public lewdness or indecent exposure
- Harassment
- Retaliates against a school staff member or volunteer
- A student between six and nine years of age who commits an expellable offense
- A student under the age of six who commits a federal firearms violation
- In some situations, a student who commits aggravated robbery or certain felonies
- A student is a registered sex offender and under court supervision
If a school finds that a student engaged in any of this conduct, they must place the student in a DAEP.
Length of Placement
A student's disciplinary history factors into how long their DAEP Placement lasts. Ector County ISD counts only cumulative offenses for the current school year.
For a student's first DAEP offense, they will attend a DAEP for up to ten days. For a second offense, they will attend a DAEP for up to 20 days. For a third offense, a student will attend a DAEP for up to 30 days.
For all DAEP placements, the district will provide students with positive behavior support. Once a student completes their DAEP placement, they will return to their normal campus and school schedule.
Discretionary DAEP Placements
Ector County ISD gives campus behavior coordinators more flexibility with discretionary placements. This can be both good and bad for students. Parents and guardians should make sure that schools follow the same policies and have consistent enforcement for discretionary placements.
The upside of this flexibility is that campus behavior coordinators may consider additional information and can focus on the individual student. The concern is whether a campus behavior coordinator singles out certain students or tries to make an example of them. Schools should have clear policies and procedures to ensure consistent, uniform enforcement.
Discretionary placements may be due to a student violating some Texas state laws but also the school's code of conduct.
Texas, for example, says that students may face a discretionary DAEP placement when:
- They contribute to inciting violence against another student through group bullying
- They engage in bullying that encourages another student to commit or attempt to commit suicide
- They're involved in criminal gang activity
One other avenue that may land a student in a discretionary DAEP placement is when:
- School administrators have reason to believe a student engaged in activities that could be charged as a felony, even if activities occur off-campus and outside of school activities
- That student's presence in a regular classroom threatens the safety of other members of the school community or negatively impacts the educational process
Schools may use school safety as a justification for their actions. While all families want their children to be safe in school, that doesn't reduce a school's obligation to provide evidence to back up their claims. Schools cannot simply claim school safety to put a student in a DAEP placement.
Emergency Placements
In situations when school staff believes that a student's removal from their normal classroom or schedule is necessary to protect the safety and welfare of other members of a school community, they may use an emergency DAEP placement. A school administrator must verbally inform the student and their parents or guardians of the reason for the placement.
An emergency placement doesn't end a student's due process rights. Schools must still abide by usual DAEP policies and procedures within 10 days of an emergency placement. The term of the student's emergency placement must comply with federal and state disability laws.
Long-Term Placements
Texas does allow students to be in a DAEP for longer than one year. A student may face a long-term DAEP placement when school officials find that:
- A student is a threat to a school community's safety
- It's in a student's best interests to continue with a DAEP placement
Placements may also extend more than one school year. Similar to long-term placements, schools may choose to keep a student in a DAEP placement for safety reasons. Placement may also cover multiple school years if a student has engaged in serious or repeated Code of Conduct violations.
DAEP Considerations
When determining if a student should be placed in a DAEP, the Ector County ISD Code of Conduct states that campus behavior coordinators take the following questions into consideration:
- Did the student act in self-defense?
- What was the student's intent (or lack of intent) when they engaged in the alleged conduct?
- What is the student's disciplinary history, if any?
- Does the student have:
- An eligible disability under federal or state law?
- If yes, does that disability substantially impair the student's ability to understand their conduct and why it was wrong?
- Is the student currently homeless?
- Is the student in foster care, meaning they're under a conservatorship of the Department of Family and Protective Services?
These questions apply to both mandatory and discretionary DAEP placements. In some cases, a student may be facing multiple allegations of misconduct.
While schools don't have to immediately consider these questions for emergency placements, they must still give students a reason for why they're being placed in a DAEP. This explanation only has to be given verbally. Even with emergency placements, school districts must still ensure they're respecting a student's due process rights within ten days of placement.
Any questions parents or guardians have about DAEP placements or other disciplinary measures should be submitted to their student's campus administration.
Appeals
Ector County ISD allows each school to determine its appeals process for DAEP placements. Families may request a copy of this policy from the principal's office, the campus behavior coordinator's office, the central administration office, or through the online parent portal.
In general, DAEP appeals start with a student's principal and the principal's designee. The district doesn't have to delay any disciplinary action while an appeal is pending. In Ector County ISD, the final decision maker for any DAEP placement is the school board.
Students with Disabilities and DAEPs at Ector County ISD
When a student has an eligible disability, Ector County ISD's Code of Conduct states that schools must take into consideration whether disability substantially impairs a student's ability to understand their conduct and why it was wrong.
Some disabilities affect a student's ability to understand the difference between appropriate and inappropriate conduct. Some students with disabilities may have behavioral issues because of ineffective support and accommodations.
When a student has a disability and is facing disciplinary action, school districts may have to conduct a manifestation determination. This process looks into whether there's a relationship between a student's disability and their behavior or actions.
That a student is facing a DAEP placement doesn't end their right to special education services and support. Ector County ISD must continue to provide these services throughout a student's DAEP placement. The district can provide different services, but they cannot refuse to provide any accommodation.
If your student has a disability, the Education Law Team at the Lento Law Firm can assist you with protecting your child's education. We can also help families who believe their child may have an undiagnosed disability that relates to their misconduct.
Protect Your Student's Rights
Some students may benefit from a DAEP placement. Others, however, may be facing overly severe or unwarranted DAEP placements. In these situations, these placements can have serious and far-reaching negative implications for a student's education.
When your child is facing a DAEP placement, you may be overwhelmed by how to address the issue. Even if you agree that your student made a mistake, you may disagree with the school's actions. Schools may not consider events in context. They may unfairly single out your student for punishment.
If your student is facing or in a DAEP placement, the Education Law Team at the Lento Law Firm can help. We assist students and families in Ector County and throughout Texas. Call us at 888-535-3686 or fill out an online form.
