What happened: At its Nov. 18 meeting, Midland ISD administrators told trustees that the district handles students charged with serious criminal offenses, such as felony assault, deadly conduct, or gun-related crimes, in three ways. The district expels some without providing educational instruction, teaches others virtually, and places others in the Midland Alternative Program (MAP).

Why it matters: Texas law provides another placement option for students involved in serious criminal behavior, a Juvenile Justice Alternative Education Program (JJAEP). A JJAEP explicitly serves students expelled for the most serious on-campus offenses and for major felony offenses committed off campus. A JJAEP doesn’t currently exist in Midland County.

MISD recorded 32 expellable offenses last year and eight so far this school year. Administrators told trustees they would assign all eight current cases to a JJAEP if one existed locally. Without a JJAEP, the district must rely on MAP to continue educating some students whose offenses fall within the law’s envisioned category for a more secure, separate setting.

The big picture: Under Chapter 37 of the Texas Education Code, expulsions fit into two groups:

  • Mandatory expulsions for specific on-campus criminal behavior, such as firearms, arson, aggravated assault, drug distribution, and other severe violations of the Student Code of Conduct.

  • Discretionary expulsions for major Title V felony offenses committed off campus, such as murder, aggravated assault, aggravated sexual assault, kidnapping, and deadly conduct.

Texas law then defines how districts must educate these students:

  • DAEP — required in every school district (§37.008): DAEPs house students removed for school-related disciplinary violations such as fighting, drug possession, harassment, or persistent misbehavior. MISD meets this requirement through MAP, which provides academic instruction in a setting separate from the general student population.
  • JJAEP — required only in certain counties (§37.011): JJAEPs house students expelled for mandatory on-campus offenses, discretionary off-campus felony offenses, or court-ordered placements. Counties with more than 125,000 residents, as determined by the 2000 census, must operate a JJAEP. Counties below that population, including Midland (116,009 residents in 2000), can operate a JJAEP but do not have to.

Go deeper: In a discretionary county like Midland, creating a JJAEP requires action from the county juvenile board. If the board chooses to pursue one, it must draft an operational plan and submit it to the Texas Juvenile Justice Department for review. After that, MISD and the county must negotiate a required memorandum of understanding (MOU) outlining who qualifies for placement, how long students stay, and funding.

MISD told trustees that no MOU currently exists, though the district has provided sample agreements to county officials.

Catch up quickly: Under §37.007(b), districts may expel students who commit certain felony offenses off campus without continuing to provide educational instruction. MISD reported that about half of this year’s JJAEP-eligible cases involve these types of offenses, including felony assault, deadly conduct, and weapon charges occurring away from school.

House Bill 6, passed earlier this year, created a new virtual expulsion option for counties without a JJAEP. MISD is awaiting Texas Education Agency guidance, expected in January, before evaluating the use of this new program.

Zoom out: Students assigned to a JJAEP might be there for several reasons. In the juvenile justice system, many youths await adjudication at home because authorities release them to a parent rather than keep them in custody. Courts often place youths on probation rather than ordering secure confinement, and students who serve time in a state facility typically return to their home school district upon completing their sentence.

Judges can also order a youth to attend a JJAEP as a condition of release. Officers may arrest students for serious off-campus felonies, but juvenile courts often decline to detain them long-term, reserving secure detention for the highest-risk cases. To understand how those pathways fit within the broader juvenile justice structure, it helps to look at the other placements outside the district.

  • Juvenile detention: The Culver Youth Center is Midland County’s pre-adjudication juvenile detention facility. Youth are typically held in custody for up to 15 days after arrest before their initial court hearings.  Culver is not an educational program, though MISD may provide remote or packet-based instruction as needed.
  • Post-adjudication placement: If a juvenile judge adjudicates a youth delinquent, the court may send the student to a secure state facility operated by the Texas Juvenile Justice Department. When a student eventually returns to school, a district would typically route them through a JJAEP before they re-enter a regular school campus.

The bottom line: The law does not require Midland County and MISD to operate a JJAEP. Both entities should evaluate the cost-benefit of creating one to house students involved in violent or felony-level offenses separate from the general population, or whether the district should continue relying on MAP, use the new virtual expulsion program, or expel eligible students without providing further instruction.