Separate from the Texas Education Code’s provision for removal due to classroom disruption and requirement for a student code of conduct, the code provides a list of student misconduct that either allows or requires that the student be removed from the student’s normal educational placement and placement in a disciplinary alternative educational placement (DAEP).
DAEP defined
DAEPs are disciplinary alternative education settings that may be either on or off the regular campus but must provide supervision, counseling and instruction in core curricula. By law, school districts must provide these settings for students who violate student codes of conduct.
Students in DAEPs must be separated from regular education students, and they must be given the opportunity to complete coursework necessary for graduation requirements before the beginning of the next school year through any method available, including correspondence courses, distance learning or summer school.
Student removal to a DAEP
A student
must be removed from class and placed in a DAEP for felony acts occurring on campus, within 300 feet of the school’s property, at a school-sponsored event or for many violent felonies occurring off-campus. Certain other offenses specified in law also trigger mandatory removal. Students also may be removed at the discretion of school districts for nonviolent felonies occurring off campus. The length of the removal is determined by the student code of conduct.
Offenses that require mandatory DAEP placement
Conduct on or within 300 feet of school property or at school-sponsored event
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Conduct punishable as a felony.
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Assault resulting in bodily injury.
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Use, possession, sale or delivery of illegal drugs or alcohol.
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Abuse of glue, aerosol paint or chemicals.
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Public lewdness or indecent exposure.
On- or off-campus conduct
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Retaliation against school employees.
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Conduct punishable as a terroristic threat, false alarm or report of bomb threat, fire, or other similar emergency.
Situations that result in mandatory DAEP placement
Off-campus conduct
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The student receives deferred prosecution or is adjudged delinquent for conduct punishable as a violent felony; or
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The superintendent has a reasonable belief that the student has engaged in conduct punishable as a violent felony.
Situations that can result in discretionary DAEP placement
Off-campus conduct
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The superintendent has a reasonable belief that the student has engaged in conduct punishable as a non-violent felony or behavior containing elements of deadly conduct.
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Any conduct occurring within 300 feet of school property that would have required mandatory expulsion if it had occurred on school property.
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The safety of other students or teachers is threatened.
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The student’s presence will be detrimental to the educational process.
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Any other felony conduct for which the student has been adjudicated or received deferred prosecution.
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The local student code of conduct provides for removal to a DAEP.