Schools have a responsibility to keep students safe. As part of that responsibility, they have the power to discipline students for misconduct.
An increasing number of studies, however, indicate that punitive disciplinary action doesn’t reduce student misconduct. It may, in fact, increase misconduct and make schools less safe.
DAEPs are one example of punitive disciplinary measures that hurt rather than help students. The data and research back up claims that DAEPs are ineffective.
One potential alternative to DAEPs is restorative justice. This program focuses on addressing the root causes of behavioral issues and encouraging a relationship-based community. Rather than exclude so-called “problem” students, restorative justice keeps them as part of the community and works within that community to address misconduct and prevent future problems.
For students facing a DAEP placement, restorative justice can seem a smarter alternative. The issue is that the program hasn’t been implemented in all schools, and a lack of research indicating its effectiveness.
What isn’t at issue is that addressing the root causes of a student’s misconduct and ensuring they stay on track with their education should be the top priorities. This is where the Education Law Team at the LLF National Law Firm can help. We have four offices in Texas that are located in Austin, Dallas, Houston, and El Paso.
Our team works with families throughout Texas on disciplinary issues in K-12 schools. We work with our clients to help prevent DAEP placements and instead direct students toward disciplinary opportunities that can help them in school and in addressing any misconduct. Call us at 888-535-3686 or fill out an online form.
What’s a DAEP?
Texas began the disciplinary alternative education program (DAEPs) in the 1990s as a way to address student misconduct. These programs take students away from their normal classroom or schedule while still providing a limited education.
Texas requires all school districts to have either a district-specific DAEP or be part of a DAEP consortium with other school districts. Regardless of how they’re organized, all DAEPs must follow all of the following:
- These programs cannot take place in a student’s regular classroom.
- DAEPS may be in a completely separate location or in another part of a student’s current school building.
- Schools must separate the general student population and DAEP students.
- DAEPS must provide students with lessons on English, math, science, history, and self-discipline
- All teachers must meet Texas’s certification requirements.
- If a student has a disability and receives special education services, they must continue to receive special education accommodations and support during their DAEP placement. These accommodations and support, however, don’t have to be identical to what they receive in their regular classroom.
- Students must have access to supervision and counseling during their DAEP placement.
- DAEPs must support the educational and behavioral needs of placed students.
DAEP placements can be mandatory or discretionary. Mandatory placements generally mean a student must attend a DAEP for a certain period of time. Discretionary placements mean a school has the leeway to decide whether a student is placed in a DAEP or diverted to another disciplinary program.
Are DAEPs Effective?
Since DAEPs were introduced in the 1990s, there have been concerns about the effectiveness of DAEPs. Data compiled by the state of Texas, along with studies done by experts in education, indicate DAEPs have major programs.
One research paper concluded that DAEPs are ineffective. The paper highlighted three areas in which DAEPs fell short of expectations:
- Students placed in DAEPs had a drop in their academic performance.
- Students in DAEPs or who had been in DAEPs had a drop in attendance.
- Incidents resulting in disciplinary action increased either during or after a DAEP placement.
Put another way: DAEPS hurt students’ academic performance and potentially make schools less safe because of an increase in student misconduct.
Other studies have drawn similar conclusions. Students who have had DEAP placements are less likely to graduate. Punitive disciplinary action like DAEPs and zero-tolerance policies doesn’t make schools safer but instead increases student misconduct.
What is Restorative Justice?
In schools, restorative justice refers to an approach to student misconduct that focuses on solutions instead of punishment. The process involves identifying harms and finding ways to heal them. Relationships are key in restorative justice, and students who commit misconduct are still considered part of the school community rather than being shunned or banished.
This alone is one of the biggest differences from DAEPs. While DAEPs remove a student from the general school community, restorative justice emphasizes relationships and making sure students still feel part of that community. When a student misbehaves, they are still part of the community but have to understand how their behavior reflects negatively on the community or hurts others.
As one expert on restorative justice summed up the practice, while other disciplinary actions label a student as bad and separate them from other students, restorative justice acknowledges that a student did wrong but focuses on how to fix that problem while the student remains part of the community.
Restorative justice builds a supportive environment with the goal of reducing conflict and improving behavior. In addition to reducing disciplinary issues, restorative justice is also intended to result in better educational outcomes.
One of the challenges with restorative justice is that, to be fully used, a school must change its overall ethos and mission. It’s not a plug-and-play policy but one that requires a dedicated and wide-ranging change.
Restorative Justice and School Discipline
In some cases, schools that embrace restorative justice completely abandon punitive disciplinary actions. Punitive measures include suspension, expulsion, and yes, DAEP placements.
In other cases, a school adapts restorative justice but still allows school discipline in limited situations. Punitive measures are used sparingly, as a last resort, or only for the most serious of offenses. A school in Oakland, California, for example, revised its policies in a way that has limited suspensions to student conduct involving violence.
The Three Principles of Restorative Justice
Three principles make up the foundation of restorative justice. They are:
- Holding a student accountable for their misconduct
- Involving the victim, if there is one
- Engaging the community
Schools can achieve these goals by addressing the root causes of misconduct.
Challenges with Restorative Justice
One of the difficulties with implementing restorative justice is a lack of studies and research showing its effectiveness. Most schools have adopted a modified restorative justice model, meaning it’s difficult to measure how much the practice itself can benefit students.
Another issue with implementing restorative justice is that it requires a large-scale commitment by a school. While schools may introduce restorative justice as a pilot program, this practice is intended to influence the overall community and be part of a larger structural change in the school community.
Restorative Justice and DAEPs
Restorative justice is a viable alternative to DAEPs. The problem is implementing it and ensuring it’s done in a way that emphasizes community and helps students address the root causes of their behavior and conduct.
Given the short turnaround time for DAEPs, restorative justice may not be an option for your student, especially if a school has no current framework. What parents and guardians can do is request small-scale use of restorative justice or even similar programs, such as Multi-Tiered Systems of Support (MTSS).
MTSS emphasizes the whole child approach. This means schools focus not just on education but also on helping students understand behavior, mental health, and wellness. Similar to restorative justice, MTSS focuses on understanding a student’s conduct and attempting to improve it.
While parents and guardians can and should push for large-scale reforms, when time is of the essence, they can focus less on terms and more on the action.
For example, instead of a discretionary DAEP placement, parents may push for a program that keeps their child in their normal routine and helps to identify the reasons for that student’s misconduct. This doesn’t just benefit the student. Fewer disciplinary issues also benefit the school.
The Education Law Team at the LLF National Law Firm works with families throughout Texas to help divert their students to programs other than DAEPs. We appreciate that educational terms and programs can be difficult to navigate and help families identify the best option for their student.
Protect Your Student
School is a learning experience and not just in the classroom. Students benefit from learning about proper conduct. In some cases, when a student’s behavior is inappropriate or wrong, understanding why can help prevent future incidents.
Restorative justice appears to have benefits for students, but it’s just one of several options that can act as an alternative to DAEPs.
Multiple studies have shown that DAEPs are ineffective and hurt students academically. These programs also do little to understand why a student is having problems in school and how to prevent them in the future.
Your student deserves full access to their education and to the support they require to learn from their mistakes and improve. DAEP placements do little to advance these goals.
If your child attends a K-12 school in Texas and is facing a DAEP placement, contact the Education Law Team at the LLF National Law Firm. Your student has a right to an education. Call us at 888-535-3686 or fill out an online form.