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The Texas Education Agency has rewritten the rules for disciplinary alternative education programs (DAEPs), incorporating several positive changes suggested by TCTA.  TCTA was the only teacher association to comment on the recently adopted rules providing standards for the operation of DAEPs required by House Bill 426, which passed during the 80th legislative session.  HB 426 amended the Education Code, and required TEA to adopt rules for school districts with DAEPs to ensure a quality education for students enrolled in such programs. 

The final rules include provisions relating to student-to-teacher ratios; student health and safety; reporting of abuse, neglect, or exploitation of students; training for teachers in behavior management and safety procedures; and planning for a student's transition from a DAEP to a regular campus.  These rules appear to move toward ensuring a higher standard of education for those in DAEP settings. 

TCTA's written comments to the agency resulted in several positive changes to the rule's language and are included in a summary of comments and Agency responses.

Specifically, the rules include the following requirements:

• Performance of DAEP students shall be monitored, including information on:

• student groups served, including overrepresentation of students from economically disadvantaged families, with ethnic and racial representations, and with a disability who receive special education and limited English proficiency services;

• attendance rates;

• pre- and post-assessment results;

• dropout rates;

• graduation rates; and

• recidivism rates.

• Each school district shall provide an academic and self-discipline program that includes instruction in each student's currently enrolled foundation curriculum necessary to meet the student's individual graduation plan, including special education services.

• The school day for a DAEP shall last at least seven hours but no more than ten hours in length, including intermissions and recesses. 

• The certified teacher-to-student ratio in a DAEP shall be one teacher for each 15 students in elementary through high school grades.

• DAEP staff training shall be provided to respond to health issues and emergencies.

• Each district shall establish a board-approved policy for discipline and intervention measures.

• Staff at each DAEP shall participate in training programs on education, behavior management and safety procedures that focus on positive and proactive behavior management strategies.

• Procedures for each DAEP shall be developed and implemented for newly entering students and their parents or guardians on the expectations of the DAEP. 

• Transition procedures for a student who is exiting a DAEP and returning to the student's locally assigned campus shall be implemented.

• A student's four-year graduation plan shall not be altered when the student is assigned to a DAEP.

Updated: 01/15/09

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