Disciplinary Alternative Education Program (DAEP) Placement

Misconduct That May Result in Disciplinary Alternative Education Program (DAEP) Placement

Persistent and serious misbehavior – A student who violates the Student Code of Conduct by committing serious offenses on a repetitive basis may be assigned to an alternative education program.

Serious violations of the Student Code of Conduct, which affect the orderly environment of the school.

Misconduct Identified in State Law

The AISD is committed to keeping schools free from threats or harmful influence of groups or gangs that advocate disruptive and/or criminal behavior. A student may be placed in a DAEP for the following:

• Involvement in a public fraternity, sorority, or secret society, including participation as a member of a public school fraternity, sorority, secret society, or gang. (See Definitions)
• Involvement in criminal gang activity. (See Definitions)
• Criminal mischief, not punishable as a felony

In accordance with state law, a student may be removed from class and placed in a disciplinary alternative education program based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:

• The Superintendent or the Superintendent’s designee has a reasonable belief that the student has engaged in conduct defined as a felony offense OTHER than those defined in Title 5, Penal Code (See Definitions); and
• The continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the education process.

Misconduct That Requires Disciplinary Alternative Education Program (DAEP) Placement

A student shall be removed from class and placed in an alternative education program if the student:

• Engages in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school; (See Definitions)
• Commits the following offenses on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:
• Engages in conduct punishable as a felony
• Engages in conduct that contains the elements of the offense of assault under Texas Penal Code §22.01(a)(1)
• Except as provided by Education Code 37.007(a)(3), sells, gives or delivers to another person, or possesses, uses or is under the influence of a controlled substance (as defined by Chapter 481, Health and Safety Code or by 21 U.S.C. §801 et seq.) or a dangerous drug (as defined by Chapter 483, Health and Safety Code) in an amount not constituting a felony offense. (School-related felony drug offenses are addressed in the Expulsion section.)
• Possesses, uses, or is under the influence of, or sells, gives, or delivers to another person marihuana, as defined by Section 481.002, Health and Safety Code, or tetrahydrocannabinol, as defined by rule adopted under Section 481.003 of that code.
• Sells, gives, or delivers to another person an e-cigarette or nicotine delivery product, as defined by Section 161.081, Health and Safety Code.
• Engages in conduct that contains the elements of the offense of disruptive activities under Education Code 37.123.
• Engages in conduct that contains the elements of the offense of disruption of classes under Education Code 37.124.
• Possesses or uses an e-cigarette, as defined by Section 161.081, Health and Safety Code, except that if a student who possesses or uses an e-cigarette is not placed in a disciplinary alternative education program for the first-time offense under Education Code 37.008, the student shall be placed in in-school suspension for a period of at least 10 school days. See
• Sells, gives or delivers to another person an alcoholic beverage, as defined by §1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage, if the conduct is not punishable as a felony offense. (School-related felony alcohol offenses are addressed in the Expulsion section.)
• Engages in conduct that contains the elements of an offense relating to abusable volatile chemicals under §485.031 through §485.034, Health and Safety Code
• Engages in conduct that contains the elements of the offense of public lewdness under §21.07, Penal Code, or indecent exposure under §21.08, Penal Code
• Engages in conduct on or off school property that contains the elements of the offense of harassment under §36.06, Penal Code, against any school employee or volunteer.
• Engages in expellable conduct and is between six and nine years of age
• Commits a federal firearm violation and is younger that six years of age
• Engages in conduct that contains the elements of harassment under Penal Code 42.07 against any school employee or volunteer on or off of school property
• Engages in conduct punishable as a felony listed under Title 5 (See Definitions) of the Texas Penal Code when the conduct occurs off school property and not at a school-sponsored or school-related event and:
  1. The student receives deferred prosecution (See Definitions), or
  2. A court or jury finds that the student has engaged in delinquent conduct (See Definitions), or
  3. The Superintendent or the Superintendent’s designee has a reasonable belief (See Definitions) that the student has engaged in the conduct.
• The student receives deferred prosecution [see Definitions], or a court or jury finds that the student has engaged in delinquent conduct [see Definitions], or the superintendent or designee has a reasonable belief [see Definitions] under Section 53.03, Family Code, for conduct defined as any of the following offenses under the Penal Code:
  1. A felony offense under Title 5;
  2. The offense of deadly conduct under Section 22.05;
  3. The felony offense of aggravated robbery under Section 29.03;
  4. The offense of disorderly conduct involving a firearm under Section 42.01(a)(7) or (8); or
  5. The offense of unlawfully carrying weapons under Section 46.02, except for an offense punishable as a Class C misdemeanor under that section.

Sexual Assault and Campus Assignments

If a student has been convicted of continuous sexual abuse of a young child or children or convicted of or placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on the same campus, and if the victim's parent or another person with the authority to act on behalf of the victim requests that the Board transfer the offending student to another campus, the offending student shall be transferred to another campus in the district. If there is no other campus in the district serving the grade level of the offending student, the offending student will be transferred to a DAEP.

Process and Length of Placement

A student may be removed to a DAEP for a term to be determined by the assistant principal. If the removal of a student to a DAEP is for a term longer than ten (10) days that extends beyond a grading period, the student and parent are entitled to notice of and participation in a proceeding before the assistant principal. This procedure is set out in the section on Student Complaint and Appeal Process for Off Campus Placement.

Within three days after the conference in which a student is assigned to a DAEP for reasons set out in §37.006, expelled or expelled from a DAEP for serious persistent misbehavior, the district shall send a notice of the removal or expulsion to the juvenile court.

Before a student can be placed in a DAEP beyond the end of the school year, the principal must determine:

• That the student’s presence in the regular classroom program or at the student’s regular campus presents a danger of physical harm to the student or to another individual, or
• That the student has engaged in serious or persistent misbehavior that violates the Student Code of Conduct.

Placement Review

After placement in the DAEP, a minimum three weeks review of the student’s status may be held. A representative of the DAEP and the student and parent shall discuss the student’s progress. The student or parent may give information as to whether the student could be returned to the regular campus. A decision is final until the next six-week review interval. If the student is in high school, the student’s progress toward graduation requirements will be reviewed. A specific graduation plan will be established.

In the case of referral to the DAEPs for alcohol/drug offenses (under the influence, in possession of an illegal substance or identified paraphernalia), the student may, under certain circumstances, also be eligible for a  minimum three weeks review if all the terms of the Alcohol/Drug Agreement are met. The purpose of this Agreement is to allow students to receive needed counseling and allow all students who violate the drug and alcohol policy to complete a minimum three weeks counseling. Further, this opportunity is offered only one time per level, that is, once in elementary school, once in junior high school and once in high school. If a subsequent violation occurs at any level, this Agreement will not be offered, but counseling will still be provided. Participation and completion of a minimum three weekly sessions after a first violation may enable a student to return to home campus before completing the entire length of the Alternative Education assignment (generally for the remainder of the semester). The counseling program must be completed in its entirety if a student wishes to be considered for a minimum three weeks review by the administration and faculty of Turning Point at each particular educational level.

However, students who sell or give alcohol or drugs, controlled substances, or dangerous drugs to another person or deliver drugs, controlled substances and/or dangerous drugs are subject to discretionary expulsion and are not eligible for the above Counseling Agreement but are, if admitted to the DAEP, eligible for counseling without a minimum three weeks review.

Teacher Removals

If a student has been removed to the DAEP under the teacher removal provisions, the student may not be returned to that teacher’s class without that teacher’s approval unless the return is advised by the campus three-member placement review committee.

Restrictions During Placement

While assigned to a DAEP, the student is not allowed to appear on or within 300 feet of any other school campus, district property or at any extracurricular activity.

If assigned to DAEP, students may not participate in school related activities while serving the assignment.

Withdrawal During Process

When a student violates the district’s Code of Conduct in a way that requires or permits the student to be placed in a DAEP and the student withdraws from the district before a placement order is completed, the district may complete the proceedings and issue a placement order. If the student then re-enrolls in the district during the same or a subsequent school year, the district may enforce the order at that time, less any period of the placement that has been served by the student during enrollment in another district. If the appropriate administrator or the Board fails to issue a placement order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issue a placement order.

Additional Misconduct

If during the term of placement in a DAEP the student engages in additional conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator may enter an additional corrective action as a result of those proceedings.

Notice of Criminal Proceedings

The office of the prosecuting attorney will notify the district if a student was placed in a DAEP for certain offenses including any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threats, organized crime, certain drug offenses or possession of a weapon, and:

• Prosecution of a student’s case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication (see Definitions), or deferred prosecution will be initiated; or
• The court or jury found a student not guilty or made a finding that the student did not engage in delinquent conduct or conduct indicating a need for supervision, and the case was dismissed with prejudice.

Within three class days from receipt of the notice, the Superintendent or designee shall schedule a review of the student’s placement in a DAEP. The student and parent or guardian shall be invited to attend the review. The student shall not be returned to a regular campus pending the review. If the Superintendent or designee has reason to believe the student’s presence at a regular campus would threaten the safety of other students or teachers, the student’s placement may be continued in the DAEP.

The parent or student may appeal the Superintendent’s decision to continue the DAEP placement to the Board of Trustees. At the next regular Board meeting, the student, parent and the Superintendent or designee may present information about the continued DAEP placement. If the Board of Trustees confirms the Superintendent’s decision, the student and parent may appeal to the Commissioner of Education. The student will remain in the DAEP placement pending any appeal.

Newly Enrolled Students                           

If a student seeks to transfer into AISD from a private school, another public school or any other facility that provides educational services, the District reserves the right to determine the appropriate placement for that student. If the student is facing possible corrective action, then AISD can continue the process and place the student in a disciplinary setting.

If the transfer occurs before, during or after procedures for corrective action have been initiated by the sending facility, the AISD administration is authorized to hold a due process conference to consider:

• Placing the student in a DAEP for a DAEP removable offense; or
• Expelling the student to JJAEP for an expellable offense, even if the sending facility has not completed the disciplinary process for the alleged misconduct.

If the sending facility has determined that corrective action is appropriate, then AISD is not required to hold another due process conference. If however, the sending facility has completed the disciplinary process and determined that no corrective action was warranted, then AISD will not take any corrective action against the student.

Emergency Placement Procedure

In an emergency, the principal or the principal’s designee may order the immediate placement of a student in a DAEP for any reason for which placement in a DAEP may be made on a nonemergency basis.

When an emergency placement occurs, the student will be given oral notice of the reason for the action. Not later than the 10th day after the date of the placement, the student will be given the appropriate conference required for assignment to a DAEP.

For information on the appeal process for off-campus placement, please refer to the Assignment and Appeal Process section of this site..