Table of Contents
This resource is designed to help parents in Texas navigate situations where their child is placed in a Disciplinary Alternative Education Program (DAEP).
Upon learning about a potential DAEP placement
Step 1: Ask why the school is seeking a DAEP placement.
Ask the following questions:
- What is my child accused of?
- What evidence supports the allegation?
- Is DAEP placement required by law or discretionary?
- What section of the Student Code of Conduct applies?
Why it’s important: Understanding the basis for the proposed disciplinary placement helps you determine whether the school is following Texas law and district policy.
Step 2: Request copies of…
- Disciplinary referral
- Incident reports
- Witness statements
- Any available surveillance or classroom video
- Current Student Code of Conduct
Why it’s important: Reviewing the school’s documentation allows you to verify facts and prepare for any potential conference or appeal. Every school district in Texas must adopt a Student Code of Conduct explaining when students may be removed from class, assigned to a DAEP, or expelled. The Code of Conduct also must describe the disciplinary procedures the district must follow.
Step 3: Ask whether the school considered all of the required factors.
Why it’s important: Before placing a student in a DAEP, Texas law requires administrators to consider: self-defense, intent, disciplinary history, whether a disability substantially impaired the student’s ability to appreciate the wrongfulness of the conduct, foster care status, and homelessness. If you believe these factors were not properly considered, ask the district to explain how they were evaluated.
Step 4: Find out whether DAEP is mandatory or discretionary.
Why it’s important: Some conduct requires DAEP placement under the Texas Education Code 37.008. Many other behaviors allow (but do not require) the school to assign DAEP under the Student Code of Conduct. Knowing the difference helps you understand whether the school had discretion.
Step 5: Ensure the school conducts a Manifestation Determination Review (MDR).
Why it’s important: DAEP placements meet the criteria for a change in placement, which means the school must hold an MDR to determine whether the behavior was caused by your child’s disability or resulted from the school’s failure to implement the Individualized Education Program (IEP). For more information on MDR’s, please see the Interactive Discipline Guide.
Step 6: Confirm you received all required notices.
Why it’s important: Schools must follow legal notice requirements and, in some situations, hold a disciplinary conference. If required procedures were not followed, you may have grounds to file a grievance or complaint, even if the discipline proceeds.
During the DAEP placement
Step 7: Ensure your child continues to receive agreed-upon special education services.
If you believe your child needs additional supports, you may request an Admission, Review, and Dismissal (ARD) committee meeting to request/discuss:
- changes to the IEP (especially if any accommodations are not relevant in the DAEP setting),
- a Functional Behavioral Assessment,
- a Behavioral Intervention Plan (BIP), or
- revisions to an existing BIP.
Why it’s important: Students assigned to a DAEP retain their educational rights. Even while your child is assigned to a DAEP, the school must continue to provide services so that the student can:
- participate in the general education curriculum,
- make progress toward IEP goals,
- receive related services, and
- receive behavioral supports when appropriate.
- If the school refuses your request, ask for an explanation of their decision in writing.
Students placed in a DAEP for 90 days or longer must receive academic assessments at the beginning and end of their placement to measure growth in reading and mathematics.
Step 8: If your child is in high school…
The school district is required to provide an opportunity for students in DAEPs to complete courses required for graduation. The school district must provide parents with written notice containing:
- information regarding how the coursework can be completed, and
- a statement that the methods for completing coursework are available at no cost to the student or the student’s family.
Preparing to return to campus
Step 9: Before your child returns to their home campus, ask the following questions:
- Will there be a transition meeting?
- Does your child’s IEP need to be updated?
- Does your child’s IEP need revisions? Do any services or accommodations need to be removed or added?
- Will any counseling or behavioral supports continue?
- How will your child address any schoolwork they’ve missed while in a DAEP?
Why it’s important: A successful transition back to your child’s home campus can help prevent future disciplinary issues and ensure they receive the supports they need to succeed. Asking these questions will encourage the school to be as thorough as possible in preparing for your child’s return.
Options for parents who disagree with a special education decision by the school
- Request IEP facilitation from the Texas Education Agency (TEA)
- Request mediation services from TEA
- File a formal complaint with TEA
- File a request for Due Process
- Note: If you’re considering a formal complaint regarding a DAEP placement, it would be expedited
Additional resources regarding DAEPs
- Navigating the Special Education Dispute Resolution System in Texas
- Texas Appleseed’s Know Your Rights: School Discipline 2026 (DAEPs)
- TEA’s Guidance on Student Discipline
- TEA’s Guidance on Filing a Formal Complaint
Published: July 30, 2026
Publication Code: ED54
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Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.
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