A 6-year-old boy in McKinney, Texas, faced a 30-day placement in a disciplinary school after allegedly kicking a teacher during a restraint incident. The notice arrived on his sixth birthday. His mother, Melissa, insisted the struggle began when her son resisted being held down, though school officials never provided proof he harmed the teacher. “He was 5. Come on,” she said. “I think they just didn’t want to deal with him anymore.”
Texas’s DAEP Policy and Numbers
Texas law mandates that districts send disruptive students to Disciplinary Alternative Education Programs (DAEPs), but these programs have no minimum age requirement for children aged 6 or older. During the 2022-23 school year, nearly 4,000 elementary students were funneled into these programs for offenses including swearing and dress code violations.
Melissa’s son had exhibited behavioral challenges in kindergarten, with school records describing him as unable to remain seated, screaming frequently, and climbing on furniture. She suspected undiagnosed attention-deficit/hyperactivity disorder (ADHD) but was told he was too young for an evaluation. Before his DAEP assignment, administrators repeatedly restrained and suspended him, despite her concerns about his unmet needs.
Texas does not categorize DAEP placements by grade, but data shows elementary students are sent for reasons including defiance and attendance issues. Some districts justify removals with vague references to “violation of local code of conduct.” A 2025 legislative hearing revealed lawmakers had assumed few 6-year-olds would face such punishments, yet placements persisted.
Another DAEP Case: 10-Year-Old Girl
A 10-year-old girl in Round Rock ISD was ordered into a 20-day DAEP after school officials claimed she and peers had sniffed markers in class. Her parents, Joseph and Vera Southwell, denied the markers contained harmful chemicals. The district initially upheld the punishment but later reversed it after admitting insufficient evidence.
Texas Education Agency spokesperson Ricky Garcia confirmed placements follow local policies but emphasized the agency’s push for alternatives like Restorative Practices for younger students. However, districts retain broad discretion, and appeals are uncommon.
Melissa’s son had endured repeated restraints and suspensions in kindergarten, with school records noting his inability to sit still, frequent screaming, and climbing behavior. She reported teachers frequently yelled at him, yet administrators never investigated whether his actions stemmed from an undiagnosed disability. Under the Individuals with Disabilities Education Act (IDEA), students suspected of having disabilities are entitled to evaluations, but Melissa said officials dismissed her requests, citing his age. Without a diagnosis, he lacked access to support services like modified behavior plans.
By the time of his DAEP assignment, Melissa had requested multiple ADHD evaluations, but responses were delayed. “I feel like he’s too young to go through all of that,” she said. Instead of evaluations, school staff relied on restraints—physical holds to subdue students—which critics say are overused with young children, particularly those with unaddressed needs.
Life Inside the Disciplinary School
While in the DAEP, the program’s structure isolated her son further. Reviews of 75 Texas district handbooks by the Children’s Equity Project show students are often required to work silently on computer-based lessons with minimal interaction. “That’s not how kids learn, especially little kids,” Meek said. They “learn through engagement and interaction with other people.” The lack of social interaction contributed to his academic regression; upon returning to his classroom, he struggled with foundational skills like reading and math.
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