Mandatory Placement in DAEP

Discipline Alternative Education Program

A student shall be placed in an DAEP (Discipline Alternative Education Program) if the student en- gages in the following conduct on school property, or within 300 feet of school property, or while at tending a school sponsored or school related activity:

• Any conduct which is punishable as a felony;
• Conduct that constitutes an assault under Penal Code 22.01(a)(1), which involves intentionally, knowingly or recklessly causing bodily injury to another person;
• Conduct that constitutes a terroristic threat under Penal Code 22.07;
• Conduct that constitutes an assault under Penal Code 22.01(a)(1), which involves intentionally, knowingly or recklessly causing bodily injury to another person;
• The sale, gift, delivery, possession, use, or being under the influence of marijuana, any controlled substance, any dangerous drug or alcohol, a drug masking agent or the commission of a serious act or offense while under the influence of alcohol; (NOTE: These offenses may result in expulsion. If the student is not expelled, the student must be placed in DAEP).
• Conduct that constitutes an assault under Penal Code 22.01(a)(1), which involves intentionally, knowingly or recklessly causing bodily injury to another person;
• Conduct that constitutes an offense relating to abusable glue, aerosol paint or abusable volatile chemicals; (NOTE: These offenses may result in expulsion. If the student is not expelled, the student must be placed in DAEP).
• Conduct that constitutes public lewdness under Penal Code 21.07;
• Conduct that constitutes indecent exposure under Penal Code 21.08;
• Conduct that constitutes retaliation against any school employee under Penal Code 36.06. (Note: This offense may result in expulsion, depending on the nature of the act of retaliation. If the student is not expelled, the student must be placed in DAEP).

A student shall be placed in DAEP, regardless of when or where the conduct occurs, if the student:

• Receives deferred prosecution under Family Code 53.03, for conduct defined as a felony offense in Penal Code Title 5;
• Is found to have engaged in delinquent conduct by a court or jury under Family Code 54.03 for conduct defined as a felony offense in Penal Code Title 5; or
• Makes a false report of bombing, fire, or other emergency involving a public school, regardless of when the false report is made or the place from which the false report is made.
• Makes a terroristic threat involving a public school regardless of when the threat is made or the place from which the threat is made.
• If the superintendent has a reasonable belief that the student has engaged in conduct defined as a felony offense under Penal Code Title 5. NOTE: Felony offenses under Penal Code Title 5 are as follows: murder, capital murder, manslaughter, criminally negligent homicide, kidnapping, aggravated kidnapping, indecency with a child, sexual assault, aggravated assault, aggravated sexual assault, injury to a child, elderly or disabled individual and tampering with a consumer product. Penal Code Title 5 offenses which may be classified as a felony are: false imprisonment, deadly conduct, terroristic threat and aiding suicide.

Permissive Placement in DAEP.

• A student may be placed in DAEP, regardless of when or where the conduct occurs, if the superintendent or his designee (1) has a reasonable belief that the student has engaged in conduct defined as a felony, other than those defined in Title 5, Penal Code, and (2) determines that the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.
• A student may be placed in DAEP by the superintendent upon recommendation of the principal, if the teacher removes the student from the classroom due to (1) repeated interference with the teacher's ability to communicate effectively with the students, or with the ability of the students to learn; or (2) conduct in the classroom that is so unruly, disruptive or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students, or with the ability of the students to learn.
• A student may be placed in DAEP as a result of any conduct defined by this Code of Conduct as "serious or persistent."
• Educators are required to recommend for DAEP placement any student who is a member of, pledges to become a member of, or solicits another person to join or pledge or become a member of a public school fraternity, sorority, secret society or gang.

Procedure for Placement in DAEP.

To place a student in DAEP, the principal must conduct a conference to consider the matter. The conference will be scheduled within three class days after the date of the offense. Pending the conference, the student may be assigned to in-school or out-of-school suspension. The student and parent or guardian will be invited to the conference, along with the teacher who removed the student, if any. At the conference, the student will be given oral notice of the reason for removal, an explanation of the basis for the removal and opportunity to respond to the reason for the removal. The principal, as the superintendent’s designee, shall set a term for the period of removal, which may range from 20 school days to the end of the school year. The principal shall deliver to the student and the student's parent or guardian, a copy of the order placing the student in a Discipline Alternate Education Placement, not later than the second business date after the removal conference is held.

Policy FNG (Local)

The decision of the principal may be appealed to the superintendent in accordance with Policy FNG (Local). Pending appeal to the superintendent, the principal’s order shall remain in effect. The decision of the superintendent may be appealed to the Board of Trustees. Pending appeal to the Board of Trustees, the superintendent’s order shall remain in effect.

Emergency DAEP Placement

The superintendent, principal, or designee, may order the immediate placement of a student in DAEP if the principal, or designee, reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with the class, or with the ability of the other students in the class to learn, or with the operation of school or a school-sponsored activity. The student will be given oral notice of the reason for the action, with appropriate due process to follow within a reasonable time thereafter. The student may be placed in DAEP on an emergency basis for up to 10 school days.