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Mandatory DAEP Placement

The Texas Legislature passed legislation that gives more authority to teachers to maintain a safe and orderly classroom.  Until recently, a school was limited on what they could do with a student who threatened a teacher.  Consequences ranged from conferences with the student to out-of-school suspension.

As of September 1, 2019, the Texas Legislature now mandates that a student who intentionally threatens an educator with physical injury must be sent to the district’s disciplinary alternative education program (DAEP).  In addition, a student must also be sent to DAEP for intentionally obscene comments directed towards a teacher.  See excerpts of law below.

TEXAS EDUCATION CODE  Section 37.006 – Removal for Certain Conduct

LAW – Mandatory DAEP Placement

(a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student:

(2) commits the following on or 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 of school property:

Added by Senate Bill 2432 – Effective 9/1/19

(G) engages in conduct that contains the elements of the offense of harassment under Section 42.07 (a) ( 1), (2), (3), or (7), Penal Code, against an employee of the school district.

TEXAS PENAL CODE  Section 42.07 – Harassment

(b)  A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1)  initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2)  threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property;

(3)  conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(7)   sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

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