Texas Schools’ Hard Line on Vaping

For two years, Texas schools have taken a hard line on vaping: If students are caught with an e-cigarette on campus, state law requires them to be removed to a disciplinary alternative school.

What’s resulted is a spike in children kicked out of school and pushback from educators, politicians, and public health officials.

Now state lawmakers are debating whether to ease up — or double down.

The Current Situation

Vaping is a serious concern in schools, Wylie ISD chief of staff Jessica Branch told lawmakers during a Senate education committee meeting. But the strict punishment dictated during the last legislative session resulted in “unnecessary removals” to the off-campus Disciplinary Alternative Education Program, or DAEP.

“When students are removed from their classrooms, they lose valuable instruction time with their teachers of record, educators who know their learning styles, needs, and goals,” she said.

E-cigarette offenses were the fourth most common reason that students were disciplined last year, with more than 32,000 violations, according to state data. Far more students were sent to DAEP last year than at any point in the past decade.

Proposed Changes

House Bill 6 — an expansive proposed rewrite of state discipline code — originally set out to eliminate the 2023 provision that made DAEP a mandatory punishment for vaping.

But members of the Senate seem less convinced than those in the lower chamber. An even stricter crackdown is proposed in a rewrite of the bill.

DAEP wouldn’t just be mandatory in such instances, but a loophole that allows districts to opt-out of the state discipline law would be eliminated under the version of the bill being debated by the Senate education committee.

Concerns and Criticisms

Several schools have gotten around the vaping law because of the state’s “District of Innovation” system, which allows them to skirt certain rules. Most districts in the state are designated as District of Innovation, and some have used it specifically to avoid the DAEP mandate for vaping.

Houston ISD leaders, for example, built a District of Innovation plan specifying school officials can handle vaping at a student’s home campus, through counseling or other measures.

“Texas is diverse, and a one-size-fits-all mandate doesn’t always serve all of our communities. Local control would be much appreciated in this area,” Wylie ISD’s Branch said.

Alternative Solutions

Sen. José Menéndez, D-San Antonio, called for “common sense flexibility,” specifically for young students and first-time offenders. He brought up the example of a child finding an older sibling’s vape pen and bringing it to school to show friends.

“That kid’s never been in trouble, and now our state law says … they’ve got to go to DAEP?” he said.

Public health officials and juvenile justice advocates have expressed concern at the idea of disciplining children who likely need help with nicotine addiction. They’re calling for more educational and treatment resources for young people.

Next Steps

With less than a month left in the session, lawmakers must hammer out differences between how the chambers want to approach school discipline reform — including when it comes to vaping.

“I think 99% of kids, when they see consequences, they usually change their ways a little bit,” Perry said. “But if they’re unfortunately already addicted, that’s a different conversation.”

Perry told colleagues he was open to conversations about the bill’s direction. He did not respond to a request for comment.

Conclusion

The debate over vaping in Texas schools is complex and multifaceted. While some lawmakers are pushing for stricter punishments, others are advocating for more flexibility and alternative solutions. As the legislative session comes to a close, it remains to be seen what changes will be made to the state’s discipline code.

Frequently Asked Questions

Q: What is the current law regarding vaping in Texas schools?

A: Currently, state law requires students caught with an e-cigarette on campus to be removed to a disciplinary alternative school.

Q: What are the proposed changes to the law?

A: House Bill 6 proposes to eliminate the mandatory punishment for vaping, while the Senate is considering an even stricter crackdown.

Q: What are the concerns about the current law?

A: Critics argue that the law leads to unnecessary removals from school, and that it fails to address the root cause of substance use.

Q: What alternative solutions are being proposed?

A: Some lawmakers are advocating for more flexibility and alternative solutions, such as counseling and educational programs, to help students with nicotine addiction.