SB114 went into effect on Sept. 1 and requires public schools to send students caught with vapes or e-cigarettes to discipline centers designated for students in serious trouble. The law groups possession of an e-cigarette on school grounds in the same punishment classification as felony offenses like bringing a gun to school, terror threats, and violent assault. According to data compiled by the Chronicle, more than 1,300 students in the area's five largest districts have been disciplined this year, with a majority sent to alternative schools. The law does allow for out-of-school or in-school suspension if there is no capacity at a DAEP.
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In 2023, according to the CDC, more than 2.1 million students reported using e-cigarettes, which can be highly addictive and potentially harmful. But critics of the new Texas law include school administrators, parents, and advocates who say the punishment is too severe, that there is no flexibility, and that students would be better served by treatment and intervention than punishment. State Rep. Ed Thompson, R-Pearland, who authored the bill, said it's intended to keep kids out of the criminal justice system and that Brazoria County law reports a decline in youth vaping cases since the bill.
In HISD, nearly 370 students were sent to alternative schools for vaping through early December. A district spokesperson told the Chronicle the district opposes the measure. But now that HISD is designated a "District of Innovation," it is exempt from the law and can handle vaping on a case-by-case basis.
Thompson said he introduced the vaping measure after learning that some Brazoria County schools and law enforcement agencies were overwhelmed by the problem. Many students in the area were referred to the criminal justice system for using or selling e-cigarettes containing nicotine or marijuana, he said.
Thompson said he hoped the bill would give schools the ability to deal with those students internally - with a punishment severe enough to "put the fear of God into these kids" - rather than stretching thin county resources. He also hoped to keep kids from getting a criminal record for "making a really dumb decision one time."
Dr. Steven Kelder, a professor at UTHealth Houston School of Public Health, said he hopes the new bill will heighten awareness around the harms of e-cigarettes, which can be highly addictive, especially for kids. There may additionally be long-term health risks associated with the cancer-causing chemicals and ultra-fine particles contained in e-cigarettes, Kelder said, although it is too soon to say for sure.
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In addition to discipline, Kelder agreed that it is important to meet the problem with prevention, intervention and cessation resources. The new law does not require such resources but notes that a student and their parents may receive educational and support services for offenses involving drugs, alcohol, or e-cigarettes.
"Kids that are caught in school, many of them may be addicted, and if they're addicted, then they should be directed towards treatment services," he said. "Disciplining your way out of it without treatment might not be the best way to go."
Celeste Barretto Milligan, an HISD parent and member of the District Advisory Committee, said she believes the mandatory, severe consequence was unjust, especially for something that "amounts to a very common mistake," and could contribute to the school-to-prison pipeline.
"I have two middle school boys," she said. "I would hate for them to be held accountable at that level for such a mistake."
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