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The most notable thing about Melissa’s son’s 6th birthday should have been the vacation the family took. Instead, it was the letter waiting for them when they returned home.
Her child was assigned to the disciplinary campus in their school district in McKinney, Texas, for 30 days, the April 2024 letter told them, over allegations that the kindergartner had assaulted a teacher about a week prior. Melissa, whose last name is being withheld to protect her son’s privacy, said the incident occurred when the boy had struggled against a restraint, kicking a teacher.
State law requires school districts in Texas to have a disciplinary alternative education program, or DAEP, to send misbehaving students. Students 5 and younger are not allowed to be placed in these programs.
The letter was dated the day Melissa’s son turned 6.
“They waited until his birthday,” she said. “They already had this planned.”
Melissa’s son is one of thousands of elementary school students in Texas sent to these programs each year. In 2022-23, the most recent year for which data were available, nearly 4,000 such placements were made.
Lawmakers created Texas’ system of DAEPs as a punishment for the most serious infractions, including bringing drugs to school or harassing school employees. However, school districts have wide latitude to send students for weeks or months at a time for a whole host of reasons, including minor misbehavior such as swearing or violating dress codes. Last year, legislators made it even easier for districts to send disruptive students to DAEPs. Critics argue that the programs often offer lackluster education, typically on computers, and are extremely strict.
DAEP placements can be especially complicated when it comes to young students, who may act out due to undiagnosed disabilities or simply may not understand the rules. Experts warn that removing young children from their classrooms for any length of time can lead to significant social and academic consequences, compounding existing issues.
“It’s not going to be a positive experience coming back,” said Shantel Meek, executive director of the Children’s Equity Project, emphasizing that students will likely be behind in their studies and feel stigmatized by their peers. “Whatever behavior that prompted the suspension is now one little piece of a much bigger problem that probably snowballs over time.”
Texas law places no limits on DAEP placements for any child age 6 or above. Districts are only required to keep young students separate from middle and high schoolers in these alternative programs. The state does not regularly publish DAEP placement data by grade.
A spokesperson for the Texas Education Agency, Ricky Garcia, indicated that DAEP placements for young students depend on local district policies but emphasized the agency promotes alternative practices, such as Restorative Practices, particularly for younger students.
Garcia noted that discipline conferences over DAEP placements should occur within three days of administrators learning of a student’s misconduct. However, Melissa claims this was not followed in her son’s case.
Before the DAEP placement, Melissa’s son struggled in kindergarten. She suspected he had a disability leading to behavior issues, but was told he was too young for a diagnosis, preventing her from securing necessary support.
By December 2023, Melissa received regular reports from the school indicating her son had difficulty sitting still and was exhibiting challenging behaviors, such as screaming and climbing furniture. Meanwhile, her son expressed distress about his experience at school, telling her, “Mommy, my teacher screams, my teacher yells.”
Melissa attempted to have him evaluated for attention-deficit/hyperactivity disorder to secure special education services. Under the Individuals with Disabilities Education Act, students in special education have certain protections related to school discipline, and Texas school officials must consider disability status in DAEP placements.
However, the DAEP placement for allegedly assaulting a teacher left Melissa frustrated. She stated she never received evidence of her son injuring the teacher and expressed concern that the school simply wanted to avoid dealing with his challenges.
Experts note that it is common for young students to display challenging behavior. They argue that without adequate support, including access to school psychologists and aides, teachers may resort to removing students from the classroom. Large class sizes exacerbate this issue, leaving teachers feeling overwhelmed.
The consequences of such removals can be significant for young children. Friendships can change rapidly in elementary school, and a student sent away for a month may return to find themselves isolated and ostracized. Missing foundational lessons can hinder long-term academic progress.
A review of DAEP handbooks from 75 Texas districts indicates that students typically must work silently through lessons, a method that does not align with how young children learn, which often involves engagement and interaction.
During a 2025 legislative hearing, Texas Sen. José Menéndez expressed concern over the appropriateness of DAEP placements for young students. The bill sponsor, Sen. Charles Perry, acknowledged that while young children could be assigned to DAEP, he did not anticipate many 6-year-olds being punished in this manner unless their behavior was egregious.
District records indicate that elementary students have been sent to DAEPs for various infractions, often unrelated to safety. Reports include students facing DAEP placements for attendance violations or vague “violations of local code of conduct.” For instance, a first grader was assigned DAEP for 15 days for placing feces in a water fountain, while another student received 20 days for inappropriate language towards staff.
Perry explained that districts possess limited options for punishing young children, allowing DAEP placements for children under 10, though it is not mandatory. Experts argue that young children should be treated differently, given their developmental limitations.
“The idea that an alternative school is filling a gap in our criminal legal system makes absolutely no sense,” said Kate Zinsser, a psychology professor at the University of Illinois Chicago. “They do not have the cognitive capacity to learn on their own to change their behavior.”
Unlike the criminal justice system, school administrators do not have to allow an appeal for most DAEP placements and are not required to prove misbehavior beyond a reasonable doubt.
