|(a) A disciplinary alternative education program (DAEP)
established in conformance with the Texas Education Code (TEC), §37.008,
and this section is defined as an educational and self-discipline
alternative instructional program, adopted by local policy, for students
in elementary through high school grades who are removed from their
regular classes for mandatory or discretionary disciplinary reasons
and placed in a DAEP.
(b) Each school district participating in a shared
services arrangement (SSA) for DAEP services shall be responsible
for ensuring that the board-approved district improvement plan and
the improvement plans for each campus required by the TEC, §11.251
and §11.252, include the performance of the DAEP student group
for the respective district. The identified objectives for the improvement
plans shall include:
(1) student groups served, including overrepresentation
of students from economically disadvantaged families, with ethnic
and racial representations, with a disability who receive special
education services, or receiving limited English proficiency/English
(2) attendance rates;
(3) pre- and post-assessment results;
(4) dropout rates;
(5) graduation rates; and
(6) recidivism rates.
(c) A DAEP may be located on-campus or off-campus in
adherence with requirements specified in §129.1025 of this title
(relating to Adoption By Reference: Student Attendance Accounting
Handbook). For reporting purposes, the DAEP shall use the county-district-campus
number of the student's locally assigned campus (the campus the student
would be attending if the student was not attending the DAEP).
(d) An individual school district or an SSA may contract
with third parties for DAEP services. The district must require and
ensure compliance with district responsibilities that are transferred
to the third-party provider.
(e) The campus of accountability for student performance
must be the student's locally assigned campus, including when the
individual school district or SSA contracts with a third party for
(f) Each school district shall provide an academic
and self-discipline program that leads to graduation and includes
instruction in each student's currently enrolled foundation curriculum
necessary to meet the student's individual graduation plan, including
special education services.
(1) A student's high school personal graduation plan
required under TEC, §28.02121, may not be altered when the student
is assigned to a DAEP. A student must be offered an opportunity to
complete a foundation curriculum course in which the student was enrolled
at the time of removal before the beginning of the next school year,
including correspondence or distance learning opportunities or summer
school. A district may not charge for a course required under this
(2) The school day for a DAEP shall be at least 240
minutes in length each day, including intermissions and recesses as
required under the TEC, §25.081.
(3) Notwithstanding the TEC, §37.008(a)(3), summer
programs provided by the district may serve students assigned to a
DAEP in conjunction with other students, as determined by local policy.
(g) A DAEP program serving a student with a disability
who receives special education services shall provide educational
services that will support the student in meeting the goals identified
in the individualized education program established by a duly-constituted
admission, review, and dismissal committee, in accordance with the
TEC, §37.004, and federal requirements.
(h) Each school district is responsible for the safety
and supervision of the students assigned to the DAEP; however, the
immunity from the liability established in the TEC, §22.0511,
shall not be impacted.
(1) The certified teacher-to-student ratio in a DAEP
shall be one teacher for each 15 students in elementary through high
school grades. Elementary grade students assigned to the DAEP shall
be separated from secondary grade students assigned to the DAEP. The
designation of elementary and secondary will be determined by adopted
(2) The DAEP staff shall be prepared and trained to
respond to health issues and emergencies.
(3) Students in the DAEP shall be separated from students
in a juvenile justice alternative education program and students who
are not assigned to the DAEP.
(4) Each district shall establish a board-approved
policy for discipline and intervention measures to prevent and intervene
against unsafe behavior and include disciplinary actions that do not
jeopardize students' physical health and safety, harm emotional well-being,
or discourage physical activity.
(i) Staff at each DAEP shall participate in training
programs on education, behavior management, and safety procedures
that focus on positive and proactive behavior management strategies.
The training programs must also target prevention and intervention
(1) training on the education and discipline of students
with disabilities who receive special education services;
(2) instruction in social skills and problem-solving
skills that addresses diversity, dating violence, anger management,
and conflict resolution to teach students how to interact with teachers,
family, peers, authority figures, and the general public; and
(3) annual training on established procedures for reporting
abuse, neglect, or exploitation of students.
(j) Procedures for each DAEP shall be developed and
implemented for newly-entering students and their parents or guardians
on the expectations of the DAEP, including written contracts between
students, parents or guardians, and the DAEP that formalize expectations
and establish the students' individual plans for success.
(k) The transition procedures established for a student
who is exiting a DAEP and returning to the student's locally assigned
campus shall be implemented as required by TEC, §37.023.