The DAEP shall be provided in a setting other than the student's regular classroom. An elementary school student may not be placed with a student who is not an elementary school student.
- Considerations for DAEP
- In deciding whether to place a student in DAEP, the District shall take into consideration the following:
- Intent or lack of intent at the time the student engaged in the conduct,
- The student's disciplinary history, and
- A disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct
- Reasons for Mandatory DAEP Placement
School-Related. A student must beplaced in DAEP for any of the following misconduct if committed while on school property, within 300 feet of school property as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:
- Commits a serious act or offense while under the influence of an alcoholic beverage if the conduct is not punishable by a felony.
- Commits an assault resulting in bodily injury to another.
- Engages in a federal firearm offense if the student is six years of age or younger.
- Engages in an offense relating to abusable volatile chemicals.
- Engages in conduct punishable as a felony.
- Engages in expellable conduct if the student is between six and nine years of age.
- Engages in indecent exposure.
- Engages in public lewdness.
- Possesses or uses a knife with a blade over 3" up to 5 1/2".
- Sells, gives, delivers, possesses, uses or is under the influence of an alcoholic beverage.
- Sells, gives, delivers, possesses, uses or is under the influence of marijuana, a controlled substance, or a dangerous drug in any amount not punishable by a felony.
Off-Campus. A student must be placed in DAEP for the following misconduct while off-campus and not in attendance at a school-sponsored or school-related activity:
- The student receives deferred prosecution for a Title 5 felony offense or aggravated robbery.
- A court or jury finds the student engaged in delinquent conduct for a Title 5 felony offense or aggravated robbery.
- The administrator reasonably believes that the student engaged in a Title 5 felony offense or aggravated robbery.
Regardless of Location. A student must be placed in DAEP if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
- Is a registered sex offender under court supervision, probation, community supervision, or parole.
- Issues a false alarm or report or a terroristic threat involving a public school.
- Retaliates against any school employee.
- Is involved with a public school fraternity, sorority, secret society, or gang, including participating as a member or pledge, or soliciting another person to become a member or pledge.
- Is involved with a criminal street gang or encourages, solicits, recruits, enables, or causes another to become a member of a criminal street gang.
- Engages in criminal mischief if the damage is less than $1,500 but equal to or greater than $500.
Students who are: (1) convicted of continuous sexual abuse of a young child or children; or (2) convicted, receive deferred adjudication or deferred prosecution, been found to have engaged in delinquent conduct or conduct in need of supervision, or been placed on probation for either sexual assault or aggravated sexual assault or against another student assigned to the same campus at the time the offense occurred will be placed in DAEP (or JJAEP as appropriate) on the request of the victim's parents if the victim does not wish to transfer, and there is only one campus serving that grade level. Placement in this circumstance may be for any length of time considered necessary.
- Reasons for Discretionary DAEP Placement
School-Related. A student may be placed in DAEP for any of the following misconduct if committed while on school property, within 300 feet of school property as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:
- Abusing the student's own prescription drug or using it in a way other than prescribed; giving, buying or selling a prescription drug, using, or being under the influence of another person's prescription drug.
- Altering or destroying school records
- Boycotts, walkouts, and protests
- Committing any offense listed in Section IV above, General Types of Prohibited conduct
- Damaging or vandalizing property owned by others
- Defacing or damaging school property, including but not limited to textbooks, lockers, furniture, and other equipment
- Engages in criminal mischief
- Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct will disrupt the school program or incite violence
- Engaging in bullying, harassment, or making hit lists
- Engaging in coercion or causing an individual to act through the use or threat of force
- Engaging in conduct that constitutes dating violence, including the intentional use of physical, sexual, verbal or emotional abuse to harm, threaten, intimidate, or control another person with whom the student has or has had a dating relationship
- Engaging in conduct that constitutes online impersonation as defined by Texas Penal Code § 33.07
- Engaging in conduct that constitutes sexual harassment or sexual abuse whether the conduct is by word, gesture or any other sexual conduct, including requests for sexual favors directed toward another student, District employee or volunteer
- Engaging in extortion, blackmail, or conduct that obtains money or an object of value from an unwilling person
- Engaging in inappropriate or indecent exposure of a student's private body parts
- Engaging in serious or persistent misbehavior that violates this Student Code of Conduct or communicated campus or classroom standards of behavior
- Engaging in threats (verbal or written), physical, or sexual contact directed toward another student, District employee or volunteer, on or off campus
- Engaging in verbal or written exchanges that threaten the safety of another student, a school employee or volunteer on school property
- Making false accusations or hoaxes regarding school safety
- Offering to sell any amount of marijuana, a controlled substance, a dangerous drug, an abusable volatile chemical, a prescription drug, or an alcoholic beverage.
- Participating in hazing
- Possessing or using a laser pointer for other than an approved use
- Possessing or using an electronic or telecommunication device that either contains or is used to view, transmit, or display obscene or pornographic images or content
- Possessing razors, box cutters, chains or any other object used in a way that threatens or inflicts bodily injury to another person
- Possessing, giving, buying, or selling less than a usable amount of stems, seeds, or other pieces of marijuana
- Possessing, selling or giving to others look-alike weapons
- Possessing, selling, or giving to others look-alike drugs or items attempted to be passed off as drugs or contraband
- Possessing, using or distributing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety
- Possessing, using, selling, buying, or giving paraphernalia related to any prohibited substance, including but not limited to marijuana, a controlled substance, a dangerous drug, or an alcoholic beverage
- Possessing, using, selling, or giving to others air gun, BB gun, or stun gun
- Possessing, using, selling, or giving to others ammunition
- Possessing, using, selling, or giving to others mace or pepper spray
- Possessing, using, selling, or giving to others prescription or nonprescription medications, except as permitted by statute for students with asthmatic conditions
- Possessing, using, selling or giving to others any substance which the student admits or believes to be a prohibited substance, including alcohol, marijuana, a controlled substance or a dangerous drug.
- Recording the voice or image of another without the prior consent of the individuals being recorded or in any way that disrupts the educational environment or invades the privacy of others
- Robbery, theft, larceny, or stealing
- Sending or posting messages that are illegal, abusive, obscene, sexually oriented, threatening, harassing, or damaging to another's reputation
- Using computers, e-mail, Internet web sites or other electronic telecommunication devices at school to encourage illegal behavior, or threaten school safety, the safety of another student, school employee, volunteer or school property
- Violating the computer use policies, rules or agreements
Off-Campus. A student may be placed in DAEP for engaging in the following misconduct while off-campus and not in attendance at a school-sponsored or school-related activity:
- If the administrator reasonably believes the student engaged in conduct punishable as a felony (other than aggravated robbery or a Title 5 felony), and the student's continued presence in the regular classroom is a threat to the safety of others or is detrimental to the educational process.
- Off-campus conduct for which DAEP placement is required by state law when the administrator does not learn of the conduct until more than a year passes after the conduct occurred.
Regardless of Location. A student may be placed in DAEP if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
- If the student is a registered sex offender who is not under any form of court supervision. A registered sex offender who is not under any form of court supervision will be placed in regular classes if the student is not a threat to the safety of others, is not detrimental to the educational process, and such placement is not contrary to the best interests of the District's students.
- If the student engages in criminal mischief if the damage is less than $500.
An administrator may order an emergency DAEP placement if the student has been so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to teach the class, the learning of other students, or the operation of a school-related or a school-sponsored activity. The reason for emergency placement must also be a reason for which DAEP placement could be ordered on a non-emergency basis. At the time of the emergency placement, the student will be told the reason for the action.