Know Your Rights: School Discipline 2026 (DAEPs)

Disciplinary alternative education program (DAEP)

What is a DAEP? 
A DAEP, short for disciplinary alternative education program, is a separate educational setting where students are placed as a disciplinary consequence. It is typically a separate building from the regular school or an entirely different campus, though this varies by district. A DAEP placement can be either mandatory (meaning it is required under law to send your child to a DAEP), or discretionary (meaning your school can send your child to a DAEP but can opt for an alternative punishment instead).

How long does a DAEP placement last? 
The length varies depending on the offense and district policy and can range from a few weeks to an entire school year. Consult the Student Code of Conduct for your district, which should specify time frames for different offenses.

Vaping

My child was accused of vaping or was caught with a vape. Will they automatically be sent to a DAEP? 
Not necessarily. The updates to the law changed the vaping rules to give schools more discretion for first-time possession or use offenses.

What are the new rules for vaping offenses? 
For a first-time possession or use offense, the school can choose to give your child ISS for at least 10 days or place them in a DAEP. However, if your child is caught with a vape again, or was caught selling, giving, or delivering a vape to another person, the school is required to send your child to a DAEP, with no exceptions.

How does the school determine whether it is a “first-time offense”? 
The law does not specify what is considered a first-time offense. It could mean the first offense ever in the child’s disciplinary history, first offense in the current school year, or first offense since transitioning from elementary to middle school or from middle school to high school. Ask your school about their record-keeping policies, and be sure to secure that clarification in writing.

If my child gets ISS instead of DAEP for vaping, how long will the suspension last? 
The law specifies that students who are caught vaping at school will be placed in ISS for at least 10 school days. However, the school has the discretion to require a longer suspension.

Disruptive Behavior

Can school administrators place my child in a DAEP for engaging in “disruptive activities”? 
Yes. School districts can now place students in a DAEP for engaging in “disruptive activities,” which are defined as any of the following:

  • “Obstructing or restraining the passage of persons in an exit, entrance, or hallway” meaning blocking entrances, exits, or movement inside of a campus building
  • “Seizing control of a building or portion of a building to interfere with” school activities
  • Interrupting a school assembly

What if my child is disciplined for exercising their right to free speech or participating in a student protest? 
The law is broad enough that legitimate student protests, walkouts, or activism could be characterized as “disruptive activities” if they fall into any of the categories above. This is concerning because students have constitutional rights to free speech, though those rights must be balanced with the school’s need to maintain order. If your child faces discipline for what you believe is protected speech or protest, please reach out to the ACLU of Texas and complete their intake form.

My child was placed in a DAEP for engaging in “disruption of class.” What is “disruption of class?” 
The law allows schools to place students in a DAEP if they engage in "disruption of class,”  which is defined as someone “intentionally disrupt[ing] the conduct of classes or other school activities.”

The law lists several examples of this act, including:

  • Emitting noise that could prevent or hinder classroom instruction (only if it is intentional and repeated)
  • Attempting to entice a student away from class or school activities
  • Preventing a student from attending their classes or school activities
  • Entering a classroom without the consent of the principal or teacher
  • Engaging in misconduct or using loud or profane language.

What if my child is being disciplined for behavior that is related to a disability? 
Students with disabilities have additional protections. The school must consider whether a student’s disruption of class is a manifestation of a documented disability before imposing discipline such as a DAEP placement. Make sure the school is aware of your child’s disability and how it affects their behavior.

Retaliation or Harassment Against School Employees/Volunteers

My child was accused of “harassing” or “retaliating against” a school employee. What will happen to my child?
Texas law requires mandatory DAEP placement if your child engages in either retaliation or harassment against any school employee or volunteer, regardless of where it occurs (on or off campus).

Can my child get in trouble for “harassment” or “retaliation” even if it occurs off-campus? 
Yes. Even conduct that occurs entirely outside of school – on weekends, during the summer, and through personal devices – can result in mandatory DAEP placement if the conduct constitutes retaliation or harassment against school staff or volunteers.

Does my child’s intent matter? 
Yes. 

  • For harassment, your child must have acted with the intent to harass, annoy, alarm, abuse, torment, or embarrass the school employee or volunteer.
  • For retaliation, your child must have intentionally or knowingly harmed or threatened to harm the school employee or volunteer.

If the conduct was accidental or your child didn’t mean or intend to harass or retaliate against a school employee or volunteer, this is an important defense for you to bring to the school's attention.

Does posting on social media count as harassment or retaliation? 
Yes. What your child posts on social media and online can constitute harassment or retaliation against a school employee or volunteer. This can include:

  • Repeatedly posting about a school employee designed to cause emotional distress;
  • Posting a school employee or volunteer’s home address or phone number (doxxing); or
  • Directly messaging the school employee or volunteer or commenting on their posts in harassing ways.

What if my child made a comment or a post criticizing the teacher’s performance? Would that count as “harassment?” 
Generally no. There is an important difference between protected speech and harassment. Your child has the right to complain about their teacher’s job performance, teaching methods, or grading practices without having to worry about facing punishment for it. However, the line between protected speech and harassment can sometimes be unclear. If the criticism becomes obsessive – including threats or obscene content or designed to torment the teacher, it could cross into harassment.

Can one-on-one text messages or emails count as harassment? 
Yes. Private communications, including text messages, emails, and other direct messages sent to school staff or volunteers can constitute harassment if they contain the following:

  • Obscene content
  • Threats of harm
  • Repeated unwanted contact

It doesn’t matter if the communication was “private” but rather what your child intended and what they wrote.

What if my child was defending themselves or was responding to something that the school employee or volunteer did first? 
Even if your child believes that they had a reason for their actions, harassment and retaliation can still trigger mandatory DAEP placement. However, this context can be relevant to your child’s defense at their hearing, so you should document any circumstances that led to the incident. Consult with an attorney who can help you present mitigating factors and present your child’s side of the story.

Could my child also face criminal charges in addition to DAEP placement?
Yes. Retaliation and harassment are also criminal offenses under Texas law and your child could face both school discipline and criminal charges filed by law enforcement. Please consult an attorney for further assistance.

Emergency Placement into DAEP 

Can my child be placed in an alternative school after just one incident of misbehavior? 
Yes. Instead of looking for patterns of behavior or multiple incidents, principals can now immediately place a student in a disciplinary alternative education program (DAEP) based on a single incident if your child’s behavior is so unruly, disruptive, or abusive that it “seriously interferes” with:

  • A teacher’s ability to teach the class
  • Other students’ ability to learn
  • School operations or school-sponsored activities.

What does “seriously interfere” mean? 
This is not precisely defined, which means principals can interpret it at their discretion. It could include:

  • Behavior that completely disrupts classroom instruction
  • Actions that prevent the school from functioning normally
  • Conduct that creates unsafe conditions
  • Behavior that prevents other students from learning

You can follow up with your school administration to determine what exactly led to the emergency DAEP placement.

What if the school says my child’s single incident was serious enough to place them in a DAEP? 
You can ask a school administrator: 

  • How exactly did my child’s behavior seriously interfere with teaching, learning, or school operations?
  • What evidence do you have that it was “unruly, disruptive, or abusive” according to the law?
  • Are there less restrictive interventions the school could have tried first? Can we try them instead?
  • How does this incident compare to the school’s normal disciplinary responses?

Behavior Agreements 

Is there a way for me to get involved in my child’s DAEP placement and get it reduced in some way? 
Yes. State law now allows school districts to create a policy for parental involvement in situations where the student is placed in a DAEP or has been expelled. However, this is completely up to each school district so you have to check your district’s Student Code of Conduct. If your school district does adopt a policy, this is what you need to know:

  • The principal, campus behavior coordinator, or other appropriate administrator has to notify you of your right to request a behavior agreement that specifies your and your child’s responsibilities under that agreement.
  • If you and your child comply with that behavior agreement, then your child’s period of expulsion will be reduced.
  • If you or your child do not comply with the conditions of that behavior agreement, the school has the power to revoke it. 
     

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This guide is intended solely for educational purposes and does not constitute legal advice. If you need specific legal guidance, you may reach out to our team of education attorneys by emailing info@texasappleseed.org or consult with other education attorneys and advocacy organizations.