Removal to a Disciplinary Alternative Education Program (DAEP)
A school district must place in a DAEP, subject to consideration of mitigating factors, any student who, while on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property, engages in the following:
Conduct punishable as a felony;
Conduct containing the elements of the offense of assault causing bodily injury;
Conduct containing certain elements of the offense of harassment;
Selling, giving, delivering to another person or possessing, using or being under the influence of a controlled substance, a dangerous drug or an alcoholic beverage;
Commission of a serious act or offense while under the influence of an alcoholic beverage;
Possessing, using, or being under the influence of, or selling, giving, or delivering to another person marijuana or tetrahydrocannabinol (THC);
Selling, giving, or delivering to another person an alcoholic beverage, committing a serious act or offense while under the influence of alcohol, or possessing, using, or being under the influence of an alcoholic beverage;
Conduct containing the elements of an offense relating to an abusable volatile chemical; or
Conduct containing the elements of public lewdness or indecent exposure.
A student, whether or not on school property or at a school event, must be placed in a DAEP for engaging in conduct that:
Constitutes retaliation, i.e., harming or threatening to harm by an unlawful act a school employee on account of the employee’s job-related duties; or
Involves a public school and contains the elements of the offense of false alarm or report or terroristic threat.
A student must be placed in a DAEP if, based on conduct occurring off campus and not in attendance at a school-sponsored or school-related activity, the student receives deferred prosecution for the felony offense of aggravated robbery or other violent offenses; a court or jury finds that the student has engaged in delinquent conduct that would include various felony offenses; or the superintendent or designee has a reasonable belief that the student engaged in the felony offense of aggravated robbery.
A student may be placed in a DAEP if the superintendent or designee has a reasonable belief that the student, while off campus and not in attendance at a school-sponsored or school-related activity, has engaged in conduct defined as a felony offense, and the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.
A student who is required to register as a sex offender must be placed in a DAEP or JJAEP for at least one semester.
An elementary school student may not be placed in a DAEP with nonelementary school students.
Students younger than age 6 may not be removed to a DAEP, unless they bring a firearm to school.
Teacher removal of a student
A teacher may send a student to the campus behavior coordinator to maintain effective classroom discipline.
A teacher may remove a student from class who repeatedly interferes with the teacher’s ability to communicate with the class; engages in behavior so unruly, disruptive, or abusive that it seriously interferes with instruction; or engages in conduct that constitutes bullying.
Following removal, the principal may place the student in a disciplinary alternative education program, in-school suspension, or another teacher’s class.
A teacher must remove from class and send to the principal any student who engages in conduct for which the student must be placed in a DAEP or for which the student may or must be expelled.
A conference — in which the removing teacher is allowed to participate — must be held within three class days of the removal, during which time the student may not be returned to the regular classroom.
A removed student cannot be returned to the teacher’s classroom unless the teacher gives written consent or a return to class plan is developed. The teacher may not be coerced to consent.