What DAEP is — and what it isn't
The Disciplinary Alternative Education Program (DAEP) is a school-discipline mechanism, not a criminal proceeding. Under Tex. Educ. Code §§ 37.006-37.008, every Texas school district must operate (or partner to operate) a DAEP. When a student is "placed in DAEP," they're removed from their regular classroom and assigned to a separate education program with stricter behavioral protocols and limited social interaction.
DAEP is NOT:
- A criminal conviction or juvenile-court adjudication
- Expulsion from the school district (that's different — see § 37.007)
- JJAEP — the harsher county-operated alternative for expelled students
- Necessarily a permanent mark on the student's record
DAEP IS:
- A formal school-discipline action requiring statutory due process
- Recordable in the student's permanent education record
- Disclosable to colleges, scholarships, and prospective employers on records-request forms
- Sometimes paired with parallel juvenile-court referral or law-enforcement involvement
Mandatory placement under § 37.006(a)
The school administrator must place a student in DAEP when the student commits one of the enumerated offenses, even if the administrator would prefer a lesser consequence. Mandatory placement offenses:
| Conduct | Statutory cite |
|---|---|
| Felony assault under Penal Code § 22.01 | § 37.006(a)(2)(A) |
| Terroristic threat against school employee or student | § 37.006(a)(2)(B) |
| Felony controlled-substance offense on or near school | § 37.006(a)(2)(C) |
| Felony alcohol-related offense (DWI under 21, etc.) | § 37.006(a)(2)(D) |
| Abuse of volatile chemical (inhalants) | § 37.006(a)(2)(E) |
| Public lewdness or indecent exposure | § 37.006(a)(2)(F) |
| Conduct constituting any felony off campus, when gang-related | § 37.006(c) |
| Certain weapons offenses below expellable threshold | § 37.006(a)(1) |
Discretionary placement under § 37.006(b)
For violations of the district's Student Code of Conduct that don't fall under the mandatory list, the administrator has discretion to place in DAEP. Examples include:
- Fighting that doesn't rise to Class A assault
- Insubordination, defiance of authority
- Possession of contraband (vape devices, prescription drugs)
- Repeated minor violations (tardiness, dress code, etc.)
- Off-campus conduct with a nexus to school operations
- Bullying that doesn't rise to a Class C harassment offense
The administrator weighs factors including the seriousness of the conduct, the student's prior disciplinary record, the impact on school operations, and whether lesser interventions (counseling, ISS, etc.) have been tried.
Duration limits under § 37.008
§ 37.008(h) sets the duration framework:
- Minimum: end of grading period
- Most DAEP placements run at least through the end of the current grading period (typically 6 to 9 weeks). For minor offenses, this is the realistic floor.
- Standard: end of semester
- For more serious conduct or repeat offenders, placement typically extends to the end of the current semester. This is the most common duration for mandatory placements.
- Extended: one full school year
- For very serious mandatory-offense conduct (felony drug, weapons, assault on school employee), placement can extend up to 180 instructional days — a full school year.
- Beyond a school year: rare exception
- § 37.008(j) allows placement extending beyond a school year only if the board finds the student is a continuing danger to others or to themselves. Requires board-level finding, not administrator discretion.
Due process under § 37.009
Texas DAEP placement requires three procedural steps:
- Written notice to the parent/guardian within a reasonable time describing the alleged conduct and proposed placement.
- Informal conference with the student, parent, and administrator before placement takes effect. Student has the right to be heard, present witnesses, and challenge the placement.
- Written placement order specifying duration, conditions, and grounds for the placement.
After placement, two-level administrative appeal:
- First appeal: Superintendent or designee — informal, decided on the record.
- Second appeal: School board or designated hearing officer — formal hearing with right to counsel and witnesses.
The Texas Education Code also allows appeal to the Commissioner of Education under § 7.057, though this is rarely successful. Some parents pursue federal civil-rights claims under 42 U.S.C. § 1983 when due process was inadequate.
DAEP vs. expulsion + JJAEP
| DAEP | Expulsion + JJAEP | |
|---|---|---|
| Statutory cite | §§ 37.006-37.008 | § 37.007 (expulsion); § 37.011 (JJAEP) |
| Operator | School district | County juvenile board (JJAEP) |
| Setting | Separate program within district | Separate facility, more restrictive |
| Duration | End of grading period to 1 yr | Generally up to 1 year |
| Triggers | Mandatory + discretionary list | More serious offenses (felony drug delivery, weapons w/ firearm) |
| Due process | § 37.009 — informal conference + appeals | § 37.009 + formal board hearing |
| Restoration of regular classroom | At end of placement | After JJAEP completion + reentry review |
Academic + collateral consequences
DAEP placement carries consequences beyond the formal disciplinary record:
- Academic progress
- DAEP must provide instruction in core academic subjects (English, math, science, social studies) under § 37.008(b). But teaching is typically packet- or computer-based rather than classroom-style. Students often fall behind academically.
- Extracurricular and athletics
- Students in DAEP cannot participate in extracurricular activities, athletics, UIL competitions, or attend any school-sponsored events. This often costs a season of sports eligibility.
- College admissions
- DAEP placements are typically asked about on college applications. Students must disclose, and admissions officers may consider the placement as a factor in selectivity decisions. Some private schools view DAEP placement very negatively.
- Scholarship eligibility
- Some scholarships require a clean disciplinary record. DAEP placement can disqualify students from merit-based aid even when the underlying conduct was minor.
- Employment background checks
- Most adult employment background checks do not pull K-12 disciplinary records, but some sensitive positions (teaching, healthcare, security) do.
Parent / student strategy at the conference
- Request a continuance if needed — § 37.009 gives the parent a reasonable opportunity to prepare.
- Bring an advocate — counsel, advocate from a parent-rights organization, or pastor. Cooperation matters but documentation matters more.
- Present mitigating evidence — context, character, lesser consequences tried, family circumstances, mental-health considerations.
- Challenge the conduct finding — if the underlying behavior didn't actually meet the statutory definition, the placement should not happen.
- Negotiate duration — even on mandatory placements, the administrator has discretion within the statutory window.
- Get every decision in writing — § 37.009 requires written placement orders. Document everything for appeal.
- Use the appeal process — first to superintendent, then to board. Many placements are reduced or reversed on appeal.
