• U.S. Department of Health and Human Services

  • "StopBullying.gov provides information from various government agencies on what bullying is, what cyberbullying is, who is at risk, and how you can prevent and respond to bullying" (U.S. Department of Health & Human Services, n.d.).

• U.S. Department of Justice (DOJ)

  • Office of Juvenile Justice and Delinquency Prevention (OJJDP)

    • The OJJDP "works to prevent and respond to youth delinquency and protect children" (OJJDP, n.d.).

  • Civil Rights Division

    • The Civil Rights Division of the Department of Justice upholds federal legislation that require "school officials not discriminate against students on the basis of color, sex, national origin, language barrier, religion, or disability" (U.S. Department of Justice, n.d.).

• U.S. Department of Education

  • Office for Civil Rights (OCR)

    • "OCR enforces Federal civil rights laws that prohibit discrimination in programs or activities receiving federal funds" (U.S. Department of Education, n.d.).

  • Office of Elementary and Secondary Education (OESE)

    • "OESE’s mission is to empower States, districts, and other organizations to meet the diverse needs of every student by providing leadership, technical assistance, and financial support" (U.S. Department of Education, n.d.).

At the state level in Texas, the Texas Education Agency is the primary governing agency overseeing school discipline and bullying prevention and policies.

• Texas Education Agency (TEA)

  • The Texas Education Agency supports public school students through their support of the public school system. Specifically related to bullying and DAEP placements, TEA provides the guidance and framework to effectively implement the Texas Education Code and specifically Chapter 37 discipline guidelines as it relates to the issues addressed within this Legal and Ethical Guide.

• Texas Education Agency enforcement of David's Law (Senate Bill 179)

  • David's Law strengthens protections from cyberbullying and mandates that Texas school districts develop policy and procedure to to address bullying.

References:

Office of Juvenile Justice and Delinquency Prevention.

(n.d.). About OJJDP. U.S. Department of Justice.

https://ojjdp.ojp.gov/about.

U.S. Department of Health & Human Services. (n.d.).

StopBullying.gov. https://www.stopbullying.gov/

U.S. Department of Justice. (n.d.). Educational Opportunities

Section. Civil Rights Division.

https://www.justice.gov/crt/educational-opportunities-

section

U.S. Department of Education. (n.d.). Office for Civil Rights

(OCR). https://www.ed.gov/about/ed-offices/ocr

U.S. Department of Education. (n.d.). Office of Elementary

and Secondary Education (OESE).

https://www.ed.gov/about/ed-offices/oese

• Individuals with Disability Education Act (IDEA) (Individuals with Disability Education Act, 2004).

  • Mandates a Manifestation Determination Review (MDR) to determine if the behavior is a manifestation of the student's disability.

• Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act of 1973, 1973).

  • Students with a current 504 must be provided with a 504 evaluation to determine if the behavior is a manifestation of the student's disability.

• Title Vl: Civil Rights Act of 1964 (Civil Rights Act of 1964, 1964).

  • Prevents racial discrimination in disciplinary actions, including DAEP placements.

• Title IX of the Education Amendments of 1972 (Education Amendments of 1972, 1972).

  • This amendment prevents the sex-based discrimination in all disciplinary action, including DAEP placements.

• Every Student Succeeds Act (ESSA) (Every Student Succeeds Act, 2015).

  • This act mandates positive behavioral interventions and requires school districts to track, record, and report disciplinary actions, including DAEP placements.

State law provides a framework for mandatory DAEP placement and discretionary DAEP placement, as well as the requirements that DAEP must include, along with special considerations for students with disabilities.

• Texas Education Code § 37.006 (Texas Education Code, 2023, Texas Education Code, § 37.008 (2023).

  • Mandatory DAEP placements

• Texas Education Code § 37.0081 (Texas Education Code, 2023, § 37.0081).

  • Discretionary DAEP placements

• Texas Education Code § 37.008 (Texas Education Code, 2023, § 37.008).

  • DAEP requirements

• Texas Education Code § 37.004 (Texas Education Code, 2023, § 37.004).

  • Considerations for students with disabilities

References:

Texas Education Code, § 37.006 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.0081 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.008 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.004 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Individuals with Disabilities Education Act, 20 U.S.C. § 1400

(2004). https://sites.ed.gov/idea/

Rehabilitation Act of 1973, 29 U.S.C. § 794 (1973).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title29/html/USCODE-2010-title29-chap16-subchapV-

sec794.htm

Civil Rights Act of 1964, 42 U.S.C. § 2000d (1964).

https://www.govinfo.gov/content/pkg/STATUTE-

78/pdf/STATUTE-78-Pg241.pdf

Education Amendments of 1972, 20 U.S.C. § 1681 (1972).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title20/html/USCODE-2010-title20-chap38-sec1681.htm

Education Amendments of 1972, 20 U.S.C. § 1681 (1972).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title20/html/USCODE-2010-title20-chap38-sec1681.htm

• Texas Education Code § 37.008 (Texas Education Code, 2023, § 37.008).

  • Requirements of DAEP

    • Minimum standards/mandates including:

      • academic instruction standards

      • self-discipline skills based instruction

      • behavioral supports

      • transition supports for students returning to campus after DAEP.

Administrative Laws (Texas Administrative Code - TAC)

• Texas Administrative Code, Title 19, Part 2, Chapter 89, Subchapter AA, § 89.1053 (Texas Administrative Code, 2023, § 89.1053).

  • Removal of special education students, including DAEP placements.

    • Effectively reinforces IDEA ensuring that districts provide legally binding and appropriate educational opportunities for students, even when in a DAEP setting.

References:

Texas Education Code, § 37.008 (2023)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Administrative Code, § 19 TAC § 89.1053 (2023).

https://texreg.sos.state.tx.us/public/readtac$ext.Vie

wTAC?tac_view=5&ti=19&pt=2&ch=89&sch=AA&rl=Y

Case Law Goss v. Lopez (1975) (Goss v. Lopez, 1975).

• Students have a right to due process under the Fourteenth Amendment before suspension or DAEP placement can be executed.

• Mandates the student has the opportunity to present their side and their voice before disciplinary action can be issued.

References:

Goss v. Lopez, 419 U.S. 565 (1975).

https://tile.loc.gov/storage-

services/service/ll/usrep/usrep419/usrep419565/usrep

419565.pdf

• Mandates districts track, report, and record student discipline in a board-approved policy, including DAEP placements.

• Encourages districts to utilize positive behavior interventions and supports for students rather than exclusionary discipline such as Out of School Suspension (OSS) and DAEP.

References:

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015)

https://www.govinfo.gov/content/pkg/USCODE-2015-

title20/html/USCODE-2015-title20-chap70-subchapI-

sec6301.htm

• "In deciding whether to order suspension, DAEP placement, or expulsion, regardless of whether the action is mandatory or discretionary, the district shall take into consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct" (Millsap Independent School District, 2024).

• "Discretionary Placement: Misconduct That May Result in DAEP Placement A student may be placed in a DAEP for behaviors prohibited in the General Conduct Violations section of this Code of Conduct" (Millsap Independent School District, 2024).

• "Mandatory Placement: Misconduct That Requires DAEP Placement A student must be placed in a DAEP" (Millsap Independent School District, 2024).

References:

Millsap Independent School District. (2024). Student Code

of Conduct: 2024-2025

https://www.millsapisd.net/parents-students/parents-

students/student-code-of-conduct

Risk Management Strategy #2: Monitor DAEP placements annually (at a minimum). In order to ensure the effectiveness of our DAEP placements locally are not disproportionate and provide an opportunity for students to continue to have opportunities to be successful, data on these students will be required. "Texas schools sent 80,815 students to DAEPs in 2018-19. DAEP referrals disproportionately impact Black students, who made up almost 23% of the students referred to DAEPs but only 12.5% of the student population. Similarly, special education students comprised 10% of the student population but made up 27% of the students referred to a DAEP in 2018-19" (Ramon, 2020).

Risk Management Strategy #3: Implement Clear and Consistent Discipline Practices across both administrators and campuses within the district and/or region. Ensuring that all administrators, teachers, and stakeholders follow consistent discipline practices, aligns the actions taken with all students. Moreover, ensuring that measures are taken to follow the federal and state mandates for students with disabilities allows for due process for all students.

References:

Robinson, W.A. (2024). Reducing recidivism at DAEP with

social emotional learning and character education in

restorative circles (Publication No. 31) [Doctoral

dissertation, University of Texas at Tyler]. Scholar works

at UT Tyler.

https://scholarworks.uttyler.edu/education_grad/31/

Ramon, A. (2020, February). Why disciplinary alternative

education programs do more harm than good.

Intercultural Development Research Association.

https://www.idra.org/resource-center/why-disciplinary-

alternative-education-programs-do-more-harm-than-good/

According to Texas Administrative Code (2018), Title 19, Part 7, Chapter 247, Rule § 247.2, Standard 3.4 states "The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation"

Ensuring that the discipline policy, including DAEP placement, is consistent due to data collection of behaviors is critical. Moreover, aligning local policy to state and local law and collaborating throughout discipline decisions removes the opportunity for discrimination to occur when making discipline decisions as a school administrator.

References:

Texas Administrative Code, Title 19, Part 7, Chapter 247, Rule

§247.2, Standard 3.4. (2018). Code of Ethics and

Standard Practices for Texas Educators. Retrieved from

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage ?app=9&ch=247&rl=2&ti=19

• Reading, analyzing, and understanding the law surrounding mandated and discretionary DAEP placements at the state and local encourages me that decisions I have made thus far have followed these mandates.

• Specifically regarding the data from studies investigated and explored through this context, ensuring that DAEP is not overutilized is crucial, and that providing training to staff and aligning administration on ways to provide alternative disciplinary actions to these discretionary placements would be impactful to student success.

• Upon reflection on this one individual ethical and legal issue I identified, I feel a bit overwhelmed when I think about the number of issues and various situations that come up daily and the speed at which decisions are sometimes made. Ensuring that I take the time, even when it doesn't exist, to research state and federal law, Millsap ISD Code of Conduct, and Chapter 37 discipline guidelines every time to ensure alignment and consistency with the mandates in place is critical to protect student rights.

• Before all disciplinary placements into DAEP, ensure that Chapter 37 discipline guidelines are reviewed and adhered to, including MDR (if applicable) and student due process.

• Evaluate DAEP for effectiveness and compliance, including annual monitoring or DAEP placements. The effectiveness of DAEP should include academic effectiveness that aligns with the students' original campus and continues to grow students, and behavior interventions to support DAEP and aid in the transition back to campus.

• Implementation of a positive behavior intervention plan, training, and coaching for all stakeholders, including intensive interventions with chronic behavioral students and concerns that could be addressed before the need for DAEP is even present.

• Follow due process for all students and ensure students have a voice, parents are notified prior to DAEP hearing, and appeal processes are clear and communicated to parents/guardians to ensure that there is a fair system in place to voice concerns and ensure accountability of these legal mandates by school districts.

• Develop clear, consistent behavioral/discipline matrix to ensure all administrators throughout the district/campus are providing students equivalent discipline consequences for similar behaviors.

• Annually review the DAEP discipline and analyze for discrimination, discretionary placements, academic achievement, and disproportionate placement.