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As the academic year draws to a close in Texas, 13 Investigates revisits HB114, a contentious law implemented this year aimed at curbing e-cigarette usage among students.
Sponsored by State Rep. Ed Thompson, R-Brazoria County, the law mandates mandatory placement in an alternative school for any student caught in possession of an e-cigarette. Thompson emphasized the importance of addressing what he views as a serious issue and providing school districts with the means to capture students’ attention.
The prevalence of e-cigarette use among students, with over 2.1 million reported users nationwide in 2023 according to a U.S. Food and Drug Administration survey, has raised concerns. Instances of usage among elementary school students in Texas have underscored the gravity of the trend, prompting alarm among experts.
Dr. Steven Kelder of UTHealth highlighted the addictive nature of e-cigarettes, emphasizing the long-term implications of addiction for young users.
The new Texas law, effective since Sept. 1, classifies possession of an e-cigarette as a serious offense under Section 37 of the Texas Education Code, warranting removal from school. Critics, such as Celeste Milligan, a parent in the Houston Independent School District (HISD), argue that the punitive measures are disproportionate to the offense and advocate for a more supportive approach focused on education and intervention.
Data obtained by ABC13 indicates that a significant number of students from major school districts in the Houston area have been sent to alternative schools for e-cigarette violations this academic year. However, Rep. Thompson asserts that the law has contributed to a decrease in cases referred to juvenile justice in Brazoria County.
Nevertheless, concerns persist regarding the potential consequences of placement in alternative school settings, with experts cautioning against perpetuating the school-to-prison pipeline. Research suggests that such punitive measures may exacerbate future involvement with the justice system and impede academic success.
Questions also arise about the effectiveness of punishment as a deterrent to nicotine use, with experts advocating for a more holistic approach that includes education and treatment.
While the bill permits substance abuse education, it does not mandate it. Rep. Thompson acknowledges the possibility of unintended consequences and suggests that the state reassess the legislation’s severity.
Some school districts have taken alternative approaches to address e-cigarette usage, such as reclassifying violations or implementing substance abuse programs focused on prevention and education.
The debate surrounding HB114 underscores the complexities of addressing youth substance use and highlights the importance of considering both prevention and intervention strategies in tackling the issue.