Student Discipline Disciplinary Alternative Education Program (DAEP) Placement by Laura Bettin https://padlet.com/lbettin1/DAEP Legal and Ethical Guide en-us 2021-07-18 17:03:59 UTC 2026-03-24 17:48:59 UTC hello@padlet.com #13 Recommendations/Best Practices lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653791494 * Always stay well informed. Laws, rules, regulations, and policies are always updating and changing, particularly in the area of student mental health. Build a strong community of colleagues to collaborate with and discuss current trends.
* School Climate - Work collaboratively with all campus members. Foster a nurturing environment that encourages academic and social success. Keep each other informed without violating school privacy laws.
* Continue training in discipline management, how to handle behavioral problems. and work with students from diverse backgrounds.
* Discipline - maintain an effective, consistent discipline system that helps develop self control and coping skill.s
* Encourage parental involvement - parents can be a great asset when working with at risk students. 
* Counseling services - Be an advocate for students - build a strong community of resources to assist students and families in need. ]]> 2021-07-18 17:05:34 UTC https://padlet.com/lbettin1/DAEP/wish/1653791494 #11 Ethical Principle lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793066
ASCA A.10 Underserved and At Risk Populations
School counselors play a key role in creating a safe school environment. It is important to collaborate with students and parents to ensure safety at home and at school. School counselors can assist in identifying resources to help at risk students in areas that may be preventing them from learning. Students should not feel stigmatized based on their housing status or special needs. Recognize student strengths and provide support in both academics as well as social and emotional needs (ASCA, 2016).

Reference:
American School Counselor Association. (2016). ASCA Ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf


]]> 2021-07-18 17:10:56 UTC https://padlet.com/lbettin1/DAEP/wish/1653793066 #10 Local Administrative Law/Policy/Rule lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793162 Round Rock Independent School District Code of Conduct
The Student Code of Conduct is adopted to meet the requirements set forth in Chapter 37 of the Texas Education Code. The Code of Conduct identifies what the district considers misconduct and disciplinary consequences.  It covers general conduct violations, discipline techniques, suspension, DAEP placement, and expulsion (Round Rock ISD Code of Conduct, 2021).

Reference:
Round Rock Independent School District. (2020, August 21). Code of Conduct. https://drive.google.com/drive/folders/0B_Y0f6SUnConcG83YlpBZVFfN2s?resourcekey=0-4ffA4waraEgMbVwJFmsYjw
 

]]> 2021-07-18 17:11:18 UTC https://padlet.com/lbettin1/DAEP/wish/1653793162 #9 Source of Law lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793307 Statutory Law
Mandatory Placements
Texas Education Code 37.006
Removal for Certain Conduct
Certain violations of the student code of conduct require immediate and mandatory placement to a DAEP
* False alarm or terroristic threat
* Conduct punishable as a felony
* Sells gives, delivers, possesses marijuana or alcohol
* Public lewdness
* Harassment or retaliation
(37 TEC §37.006)
Conduct off school grounds that require mandatory placement
* felony offense of aggravated robbery
* Felony offenses under Title 5 of the Penal Code: homicide, kidnapping, trafficking, sexual offenses, assaultive offenses
(Tex. Penal Code § 5.19-5.22)

References:
Texas Penal Code § 5.19-5.22 (2015)



]]> 2021-07-18 17:11:48 UTC https://padlet.com/lbettin1/DAEP/wish/1653793307 #8 Source of Law lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793444 Statutory Law:
Texas Education Code 37.008
Disciplinary Programs
Each school district must provide a program that:
* A setting other than the regular classroom, located on or off campus, and separated from others students not assigned to DAEP
* Focus on English language arts, math, science, history, and self discipline
* Provide for educational and behavior needs
* Provide supervision and counseling
The program must include standards relating to:
* Student teacher ratios
* Student health and safety
* Reporting abuse
* Training teachers in behavioral management and safety procedures
* Planning for student transition to regular classroom
(37 TEC § 37.008)

See also Administrative Law:
Standards for the Operation of School District Disciplinary Alternative Education Programs
19 TAC § 103.1201

Reference:
Texas Safe Schools Act, 37 TEC § 37.008 (1995)

]]> 2021-07-18 17:12:18 UTC https://padlet.com/lbettin1/DAEP/wish/1653793444 #7 Source of Law lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793478 Judicial Law:
Student Due Process Rights
In the case of Goss vs. Lopez, any deprivation of educational services must involve due process.
* The student must be given oral or written notice
* If charges are denied, be given explanation of the evidence
* Be given an opportunity to present their side of the story (Goss v. Lopez, 1975).

Texas Education Code § 37.001a requires that each school district must have a student code of conduct informing students of behavior that is unacceptable or may get them in trouble. This, in part, covers the due process in that the students and parents are provided with conduct the district considers prohibited. In 2009, the law added four mitigating factors for DAEP placement: self-defense, intent, discipline history, and disability. However, Texas Education Code 37.006 is clear on mandatory placement offenses that would not allow for mitigating factors. There are no due process requirements for DAEP placements because students are not deprived of their property or liberty rights since they are still receiving an education (Walsh et al., 2014).

References:
Goss v. Lopez, 419 U.S. 565 (1975).
Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The educator’s guide to Texas school law: Vol. Eighth Edition. University of Texas Press.

]]> 2021-07-18 17:12:29 UTC https://padlet.com/lbettin1/DAEP/wish/1653793478 #6 Source of Law lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793524 Constitutional Law:
US Const. Amend X
Powers not delegated to the federal government are reserved to the states or to the people.  (U.S. Const. amend. X)
Education is the responsibility of each state, with the exception of federally funded programs such as:
* Elementary and Secondary Education Act
* Individuals with Disabilities Education Act
* Improving Teacher Quality
* 21st Century Community Learning Centers
* English Language Learners
* Impact Aid
(U.S. Department of Education, 2014)

The Texas Constitution, Article 7, Education, outlines the governance and funding of Texas public schools. Disciplinary Alternative Education Programs fall under the same guidelines as other public schools in the state. (Tex. Const. Art 7 § 1-20)

References:
Tex Const. art. 7 § 1-20
U.S. Const. amend X
United States Department of Education. (2014). 10 facts about k-12 education funding.https://www2.ed.gov/about/overview/fed/10facts/index.html

]]> 2021-07-18 17:12:39 UTC https://padlet.com/lbettin1/DAEP/wish/1653793524 #5 Current News lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793907 Students face felony charges, expulsions as Texas schools ramp up fight against vaping
Schools across Texas are dealing with an alarming number of student discipline issues related to vaping. Teen vaping has become a major health issue, and now school officials are faced with a major problem; how to discipline the increasing number of students found vaping with little assistance from the law or policy makers. Additionally, many schools do not have access to testing kits to determine if the vape pens contain nicotine, which would constitute a minor disciplinary action, or if it contains THC, a felony offense. A Georgetown ISD student was caught with a vape pen. The student claimed he was unaware it contained THC. He was charged with a 3rd degree felony and expelled from school. This is not out of the ordinary. A San Antonio school district saw an increase of felony level substance use six times higher than the 2017-1018 school year. Northeast ISD had 598 disciplinary incidents related to vaping. All students were expelled, as state law required. Mitigating factors should be considered; however, school officials have complete discretion (Swaby, A. and McCullough, J., 2019)

Reference:
Swaby, A. & McCullough, J. (2019, December 23). Students face felony charges, expulsions as Texas schools ramp up fight against vaping. Texas Tribune. https://www.statesman.com/news/20191223/students-face-felony-charges-expulsions-as-texas-schools-ramp-up-fight-against-vaping
 
]]> 2021-07-18 17:14:16 UTC https://padlet.com/lbettin1/DAEP/wish/1653793907 #4 Current News lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653793948 As discipline guidance pendulum swings once again, what does it mean for schools
* Biden administration expected to reinstate guidance regarding disproportionately disciplining students of color
* Executive order for federal agencies to review if new guidance may be necessary to promote equity for all
* Federal guidance establishes what schools must do to stay within the law
* Need to expand previous school discipline guidance to encompass additional student groups
* Prioritize funding for professional development, evidence based techniques, anti-bias training, school psychologists and counselors, teacher retention (Nodan, 2021).

Reference:
Modan, N. (2021, June 15). As discipline guidance pendulum swings once again, what does it mean for schools. K-12 Drive. https://www.k12dive.com/news/as-discipline-guidance-pendulum-swings-once-again-what-does-it-mean-for-sc/601631/

]]> 2021-07-18 17:14:26 UTC https://padlet.com/lbettin1/DAEP/wish/1653793948 #3 Professional Association lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653794045 The American School Counselor Association is an informative resource that can assist counselors in areas of discipline, child abuse/neglect prevention, character education, homelessness, group counseling, behavior interventions, school violence, and social emotional development (ASCA, 2021).

Reference:
American School Counselor Association. (2021). The school counselor and discipline. https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Discipline

]]> 2021-07-18 17:14:49 UTC https://padlet.com/lbettin1/DAEP/wish/1653794045 #2 Interview lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653794096 Pamela Holmes is the Assistant Principal at Round Rock Opportunity Center, a Disciplinary Alternative Education Program (DAEP) in the Round Rock Independent School District.  She has worked in the education field for 33 years, the last 19 years as an assistant principal. Holmes is responsible for the disciplinary actions of high school students on campus (P. Holmes, personal communication, July 8, 2021).  

In an effort to understand the responsibilities associated with student discipline, more specifically, her role within the DAEP, it is important to consider the student population. The Opportunity Center serves seven high schools and eleven middle schools. On any given day, the enrollment can be as low as ten students up to 198 students, all considered at risk and with his or her own needs. As such, it is not out of the ordinary to deal with disciplinary issues on a daily basis. It is imperative school board policies and state laws are understood and correctly enforced (P. Holmes, personal communication, July 8, 2021). 

 Holmes explained discipline policies are “a guideline for all stakeholders; the school, parents, community, and district. They set the precedent of all our rules and procedures so everyone is informed before students enroll. They are a roadmap to ensure student safety and security” (P. Holmes, personal communication, July 8, 2021).

There has been an increase in school violence, particularly with bullying and cyberbullying. Many students do not want to come to the Opportunity Center. Having polices in place acts as a buffer or deterrent and can help to decrease the number of incidences (P. Holmes, personal communication, July 8, 2021).

When it comes to discipline, there are always emerging issues. Holmes believes students returning to on campus learning after the pandemic with little or no discipline guidance is going to cause issues on campuses across the district. There will be an increase in DAEP referrals and the campus must be prepared and ready to handle the increase in enrollment P. Holmes, personal communication, July 8, 2021). 

Holmes discussed an issue currently impacting the campus. There is an increase of minorities and special education student assignments on discretionary placements. Last year, three special education students were assigned to the campus for discretionary reasons during testing. The home campus principal was adamant about getting them off her campus.  Because it was not a violent disciplinary issue, she reached out to the area superintendent, who instructed home campus to keep the students.  In order to stay current on student discipline issues, Holmes attends regular principal meetings, district trainings, and educational leadership trainings (P. Holmes, personal communication, July 8, 2021).

Best Practices:
* One on one counseling
* Parent communication
* Teacher student conferences
* Restorative practices
* Student leadership


]]> 2021-07-18 17:14:58 UTC https://padlet.com/lbettin1/DAEP/wish/1653794096 #1 Professional Prospective lbettin1 https://padlet.com/lbettin1/DAEP/wish/1653794121 My name is Laura Bettin. I graduated from Arizona State University with my Bachelor of Arts in Secondary Education. I have been in the education field for about 18 years, the last twelve years teaching at risk students in a disciplinary alternative education program (DAEP). 

Disciplinary problems are nothing new in the public education system. Working with “at risk” students, I see firsthand the hardships and obstacles that impact students every day. The struggles many of my students face often have negative consequences on academics. Over the past ten years, I have seen a significant increase in the number of students experiencing emotional and behavioral problems. Aggression and the inability to socialize appropriately are common among the students placed on our campus. Unfortunately, those with higher disciplinary violations usually perform poorly in school, have attendance issues, drop out, and are at a higher risk of trouble with the law. 

Despite the significant changes in education, particularly in regards to the mental health of students, the number of disciplinary exclusions continues to rise. DAEP’s are in a position to provide additional programs that can help improve coping skills, conflict resolution, and social skills. Understanding the law and using research based best practices can help many of these students get back on track. 
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