JJAEP Expilsion before being charged with crime

I live in Texas. Can a juvenile be expelled by a school and sent to a Juvenile Justice Center Alternative Education Placement before he is found guilty of the crime? I thought students only go to JJAEP if the are found guilty or are a danger to themselves or to others. My son was sent there before the DA ever decided if he would prosecute. I feel he should have gone to a regular AEP. Any comments

I don't know how the laws work in Texas, but generally, there are both school punishment mechanisms and criminal punishment mechanisms.

The school method is supposed to entitle the student to due process -- notice, an opportunity to be heard and fair adjudication of the issues. Sometimes the school process is sorely lacking in those areas, but basically there has to be some sort of official determination that your son did break the rules and should be punished and how.

If he's accused of something that is a crime, then the state can step in and decide his situation. But, again, there needs to be some sort of formal determination (trial) in order for the punishment to be given out by the state.

I hope this helps answer your question.

This is about all I can tell you with the information you provided.