Clear Path Education Group
Texas DAEP Compliance
Self-Audit Checklist
A 20-point internal review guide for campus administrators and district compliance officers — covering placement documentation, SPED manifestation determination, parent notification, and re-entry planning.
2026 Edition · Texas Education Code Reference
Intro
How to Use This Checklist
Who this is for: Principals, assistant principals, DAEP coordinators, SPED liaisons, and district compliance officers conducting internal reviews of their disciplinary alternative education placement process.
When to use it: Conduct this self-audit annually, following a TEA monitoring visit, or any time a placement decision is challenged. It can also be completed record-by-record for a random file sample.
About TEC citations: All Texas Education Code references in this document are marked with a ⚠ Verify TEC Citation notice. Districts should confirm current statutory language with legal counsel, as TEA may update requirements. Citations are provided for navigation purposes only and do not constitute legal advice.
Scoring: Use the Self-Audit Scorecard on the final page. A score below 18 indicates areas requiring immediate attention.
Section 1
Placement Eligibility & Documentation
Offense code has been documented and verified against the district discipline management plan and campus behavior matrix.
The documented offense must align to the applicable TEC mandatory or discretionary placement category.
Placement order has been signed by an authorized administrator with appropriate authority to impose the placement.
Verify that the signing administrator holds a valid administrator certificate and is named in district policy for this authority.
Written copies of the placement notice have been provided to both the student and parent/guardian prior to or at the time of placement.
Student disciplinary record is complete, up-to-date, and contains all documentation required for the placement decision.
Includes witness statements, prior discipline history relevant to this decision, and any supporting documentation used to determine placement type and duration.
⚠
Verify TEC Citations
Mandatory DAEP placements: TEC §37.006 | Discretionary placements: TEC §37.007 | Placement order requirements: confirm with legal counsel. Citations are provided for reference and should be verified against current statutory text.
Section 2
SPED & 504 Manifestation Determination
Manifestation determination reviews (MDR) are required when disciplining a student with a disability. Failure to conduct a proper MDR — or conducting one with the wrong team members — is one of the most common OCR audit findings. Complete this section for any student with an active IEP or 504 plan.
Manifestation determination review (MDR) was conducted within 10 school days of the disciplinary decision.
The 10-day clock begins on the date of the disciplinary removal, not the date the parent was notified.
All required team members were present at the MDR meeting — ARD committee for students with IEPs, or 504 committee for students with 504 plans.
Required participants include the parent/guardian. Document attendance and any substitutions made with parent agreement.
MDR findings — including the committee's determination of whether the conduct was a manifestation of the student's disability — are documented and filed in the student's record.
Parent/guardian received written notification of the MDR outcome, including the committee's determination and any resulting changes to the student's placement or services.
If the conduct was determined to be a manifestation of the disability, the district reviewed and, if appropriate, revised the student's IEP or 504 plan and behavior intervention plan.
If a BIP did not exist prior to this event, one must be developed following a functional behavioral assessment.
⚠
Verify TEC Citations
SPED discipline protections and MDR requirements: TEC §37.004 | MDR procedures: TEC §37.0041 | Federal overlay: IDEA, 20 U.S.C. §1415(k). All citations require verification against current statutory text and applicable federal regulations.
Section 3
Transition Plan & Academic Continuity
Texas law requires that students in DAEP receive instruction and services sufficient to enable them to continue to participate in the general education curriculum and advance from grade to grade. The transition plan is the primary documentation mechanism for ensuring academic continuity.
A transition plan was completed before or at the time of placement start — not added retroactively.
The academic coursework and instructional plan is documented in the transition plan, including how the student will continue to access the general curriculum during placement.
For students with IEPs, document how DAEP placement services align with IEP goals and required minutes of specialized instruction.
30-day review has been scheduled and completed (or documented as not yet due if placement began within the last 30 school days).
60-day review has been scheduled and completed (or documented as not yet due).
90-day / re-entry review has been scheduled and completed, including documentation of re-entry conditions and any behavior supports to be continued.
⚠
Verify TEC Citations
DAEP instructional requirements and transition planning: TEC §37.008. Review intervals and academic continuity requirements should be confirmed against current statute and applicable TEA guidance documents.
Section 4
Parent Notification Requirements
Written placement notice was sent to the parent/guardian within the required timeframe following the discipline decision.
Consult district policy and applicable TEC provisions for the specific notification deadline for your placement type.
The written notice includes: (a) the reason for placement, (b) the placement duration and location, and (c) the parent's right to appeal the placement decision.
The delivery method for the notice has been documented in the student record — e.g., hand-delivered with signature, certified mail with tracking, or electronic delivery per district policy.
Oral notification alone is generally insufficient. Always obtain written documentation of delivery.
⚠
Verify TEC Citations
Parent notification of DAEP placement: TEC §37.009. Notification requirements for SPED students are additionally governed by federal IDEA procedural safeguards. Confirm all citation text with legal counsel.
Section 5
Re-Entry Planning
A re-entry conference has been scheduled prior to the student's return to the home campus, with relevant staff and parent/guardian invited.
The re-entry conference should include a review of the student's progress during placement and identification of any lingering risk factors.
The student's behavior support plan has been reviewed and updated (if needed) before the re-entry date. Any FBA/BIP revisions required by MDR outcomes have been completed.
The receiving campus (home campus) has been formally notified of the student's return date and any re-entry conditions, supports, or monitoring requirements.
This notification should be documented and acknowledged by the receiving campus administrator.
⚠
Verify TEC Citations
Re-entry planning and transition back to home campus: consult district policy and applicable TEA guidance. Specific statutory citations for re-entry procedures should be confirmed with legal counsel.
Scorecard
20-Point Self-Audit Scorecard
For each item, mark Yes if the requirement is fully met and documented. At the end, count your Yes responses and use the scoring bands below to assess your district's compliance posture. Conduct this review on a representative sample of student files — at minimum one file per campus per semester.
| # |
Compliance Item |
Yes |
| 1 |
Offense code documented and matches district discipline management plan |
|
| 2 |
Placement order signed by authorized administrator |
|
| 3 |
Written placement notice provided to student and parent/guardian |
|
| 4 |
Student disciplinary file is complete and up-to-date prior to placement |
|
| 5 |
All applicable TEC timelines verified and documented |
|
| 6 |
MDR conducted within 10 school days of discipline decision (SPED/504 students) |
|
| 7 |
Required team members present at MDR (ARD or 504 committee + parent) |
|
| 8 |
MDR findings documented and filed in student record |
|
| 9 |
Parent notified in writing of MDR outcome |
|
| 10 |
IEP/504 or BIP reviewed/revised following manifestation finding (if applicable) |
|
| 11 |
Transition plan completed before or at placement start |
|
| 12 |
Academic coursework and instructional plan documented in transition plan |
|
| 13 |
30-day progress review completed (or scheduled if not yet due) |
|
| 14 |
60-day review completed (or scheduled if not yet due) |
|
| 15 |
90-day / re-entry review completed and documented |
|
| 16 |
Parent notification sent within required timeframe with required content |
|
| 17 |
Delivery method of parent notice documented (signature, certified mail, etc.) |
|
| 18 |
Re-entry conference scheduled prior to student's return |
|
| 19 |
Behavior support plan reviewed/updated before re-entry date |
|
| 20 |
Receiving campus notified of return date and re-entry conditions |
|
18 – 20
Compliant
Strong compliance posture. Address any gaps and maintain regular review cadence.
14 – 17
At Risk
Systemic gaps identified. Prioritize process improvement before the next audit cycle.
< 14
Urgent Review
Significant compliance exposure. Engage legal counsel and begin remediation immediately.
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Disclaimer: This checklist is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for consultation with qualified legal counsel regarding your district's specific compliance obligations. Texas Education Code citations are provided for reference navigation only and must be verified against current statutory text. Clear Path Education Group, LLC makes no representations or warranties regarding the completeness, accuracy, or applicability of this material to any particular district's circumstances. Compliance with applicable law is the responsibility of each individual district and its legal counsel.
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