School districts can use a variety of disciplinary actions when students commit misconduct. In Texas, one option is an alternative education program known as a disciplinary alternative education program (DAEP) placement. DAEPs require that students not participate in their regular classroom and routine environment.
Some students may benefit from a DAEP placement. For others, these placements can hurt their education and may even worsen underlying behavioral issues.
The Education Law Team at the Lento Law Firm helps families in the Edinburg Consolidated Independent School District and throughout Texas. Students and families don't have to just accept any disciplinary action or DAEP placement. We help our clients understand their options and what they can do to protect their student's education.
If your student is facing a DAEP placement or other disciplinary action, 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?
Beginning in the 1990s, Texas added disciplinary alternative education programs (DAEPs) to the ways schools could handle student misconduct. School districts must follow these requirements for DAEPs:
- They cannot be in a student's regular classroom
- They may be in a building different from a student's regular school
- Students placed in DAEP must be separated from other students
- Instruction focuses on English, math, science, history, and self-discipline
- They support students' educational and behavioral needs
- They provide counseling and supervision
- DAEP teachers meet Texas's certification requirements
Edinburg Consolidated Independent School District
Edinburg Consolidated Independent School District is the primary school district for Edinburg. The district also serves part of McAllen and unincorporated communities in Hidalgo County. These communities include:
- Cesar Chavez
- Doolittle
- Harding Gill Tract
- Hargill
- La Blanca
- La Coma Heights
- Linn
- Lopezville
- Murillo
- San Carlos
Edinburg Academy is the district's alternative education center. In general, middle and high school students on DAEP placements will attend Edinburg Academy. That school has policies that differ from other schools in the district. Failure to follow these policies may result in a student not getting credit toward their placement days.
Getting Help
The Education Law Team at the Lento Law Firm has four offices in Texas. The closest offices for Edinburg Consolidated ISD students and their families are Austin and Houston.
Our team recognizes that knowing a school district and what makes it unique can be as important as understanding the law. We work with families throughout Texas, meaning we combine our knowledge of federal and Texas laws by comparing and contrasting different districts and programs throughout the state.
Types of Placements
DAEP placements fall into two general categories: mandatory and discretionary. Mandatory means a student must be placed in a DAEP. Discretionary means they may be placed in a DAEP.
Edinburg Consolidated ISD divides DAEP placements into two classifications. Kindergarten to Grade 5 falls under the elementary classification and may only be placed with other elementary students. Grades 6 to 12 are the secondary classification. Only students in the second classification attend Edinburg Academy.
Within the Edinburg Consolidated system, Campus Behavior Coordinators (CBC) make all DAEP removals. A CBC isn't necessarily a separate position. It simply means a member of the administrative staff, such as the principal, is designated as a school's CBC. The CBC is responsible for maintaining student discipline, and schools must make the identity of its CBC and relevant contact information easily accessible to students and families.
Mandatory DAEP Placements
When a student engages in certain types of conduct, a school district must place them in a DAEP. Mandatory placement offenses come from the Texas Education Code and district policy.
The Edinburg consolidated ISD Code of Conduct lists mandatory DAEP placement offenses. 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
When a school determines that a student engaged in any of the above conduct, schools must place the student in a DAEP. What comes into question is the length of placement and other details
Discretionary DAEP Placements
Other types of conduct may result in a DAEP placement. This flexibility can be good and bad for students. On the plus side, schools may be more willing to give the student the benefit of the doubt or consider additional information and decide on a disciplinary action other than a DAEP placement.
On the other hand, this flexibility may result in a school singling out a student. A school may want to use a student as an example, or a staff member may have a personal dislike of a student. This is why parents and guardians should ask about the school's policies and how the district makes sure students receive similar treatment.
Similar to mandatory placements, conduct that results in a discretionary placement may come from Texas state laws or the district's code of conduct.
Edinburg Consolidated ISD includes the following as conduct that may result in a DAEP placement:
- A student releases or threatens to release intimate visual material of another student without that student's consent
- A student is involved in criminal gang activity or a public school fraternity, sorority, or secret society
- A student contributes to inciting violence against another student through group bullying
- A student commits any criminal mischief, including a felony
For students who do receive a DAEP placement, the second question becomes the length of placement. Again, parents and guardians should ensure the district follows similar guidelines for placement lengths.
Emergency Placements
In limited situations, a CBC may initiate an emergency DAEP placement. These placements occur when:
- A student's behavior or conduct is so unruly, disruptive, or abusive that it seriously interferes with classroom activities or school operations.
and
- The student's behavior or conduct makes it necessary to remove the student to protect the safety and welfare of other members of the school community.
Emergency placements don't require any written notification. The CBC needs only verbally explain the reason for the removal to the student.
Schools must still schedule and conduct the usual DAEP conference within 10 days of an emergency placement. In other words, an emergency placement doesn't override a student's rights; it just puts them on a temporary hold. In addition, a student's emergency placement must still follow other federal and Texas laws, including disability laws if a student has a disability.
Length of Placement
In general, DAEP placements are less than one year and fall within the same school year. These are general guidelines, however, and can change.
The Edinburg Consolidated ISD Student Handbook lists guidelines for DAEP placements. For example, a student found to be in possession of alcohol or marijuana at school faces a minimum placement of 30 days. A second incident involving possession results in a minimum placement of 45 days.
In general, the district decides placement length on a case-by-case basis. Factors that may be considered:
- How serious was the offense?
- How old is the student?
- What grade is the student in?
- Does the student have a history or pattern of misconduct?
- What is the student's attitude?
- Are there any laws or policies that dictate placement requirements?
DAEP placements may exceed one year or cover multiple school years when a student is a threat to a school community. Students may also face a placement that exceeds a school year if they sexually assault another student or have engaged in serious and repeated misconduct.
DAEP Considerations
For both mandatory and discretionary placements, a CBC should take into account potential mitigating factors. Ahead of a DAEP placement, the following questions should be asked:
- Was the student acting in self-defense?
- What was the student's intent (or lack of intent) when they engaged in the alleged conduct?
- Does the student have a disciplinary history?
- 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?
Parents and guardians should ensure these questions are considered ahead of a student's DAEP placement. Families should also not assume that the district will have this information or other evidence. Texas law says little about investigating an incident ahead of a DAEP placement. This, unfortunately, means the burden falls on families to introduce any relevant information or evidence.
The Education Law Team at the Lento Law Firm can help students and their families collect the relevant information and evidence to show mitigating factors. Knowing a student's reasons for their behavior is just as important – if not more important – than knowing a student engaged in certain behaviors.
Appeals
Edinburg Consolidated ISD does allow for appeals to DAEP placement decisions. Families should be aware that the district doesn't pause disciplinary action. This means that a student may still be in a DAEP while they're appealing a placement decision.
In general, DAEP appeals within the Edinburg Consolidated ISD begin with a student's principal or CBC. The last level of appeal is the school board.
Students and their families can request a copy of a school's appeals policy. Edinburg Consolidated ISD requires that copies of this policy be available at:
- Principals' offices
- Campus behavior coordinators' (CBC) offices
- The central administration office
- Through the online parent portal at the Edinburg Consolidated website
Additional Misconduct
If a student engages in additional or separate misconduct, this incident is treated as a separate issue or case. A student may face additional disciplinary action, but they also have a right to the same procedures as previous misconduct. A school cannot shorten the disciplinary process because a student has previous disciplinary issues.
Students with Disabilities and DAEPs at Edinburg Consolidated ISD
For students with disabilities, the DAEP placement process may have additional steps. In some situations, schools may be required to conduct a manifestation determination review.
These meetings, also known as, center on two questions:
- Did a student's disability cause the student's conduct or have a direct and substantial relationship to their conduct?
- Was the student's conduct the result of the school's failure to follow the student's IEP?
When the answer to both questions is no, Edinburg Consolidated ISD can discipline a student with disabilities similar to how they would discipline any other student who engaged in similar conduct.
If the answer to either of these questions is yes, Edinburg Consolidated ISD must conduct a functional behavior assessment (FBA), which is intended to help schools and families better understand the reasons for student's behavior. The FBA is the basis for a behavior intervention plan (BIP). A BIP is similar to an Individualized Education Plan (IEP), only it focuses on supporting a student's behavior.
Even when a student with disabilities faces disciplinary action, that doesn't end their right to special education services and accommodations. While these services and accommodations can be different when in a DAEP placement, a student still has a right to them.
When a student with disabilities faces a DAEP placement or other disciplinary action, the Education Law Team at the Lento Law Firm can help students and families navigate the process. Disciplinary action doesn't end a student's right to an education free from discrimination.
Protect Your Student's Education
DAEP placements may benefit some students, but for other students, these placements can hurt their education. They take students out of their normal school environment and may negatively impact a student's education and future.
The Education Law Team at the Lento Law Firm helps students and families throughout Texas navigate the DAEP process. We help protect students' rights and their education. Call us at 888-535-3686 or fill out an online form.
