KY House discussing anti-vaping in school bill, local schools chime in

Kentucky schools may have to find disciplinary actions against vaping after the Education Committee unanimously approved House Bill 142 on Tuesday. The bill would ban all tobacco and vapor products in public schools and require schools to take action should a student be caught using a product.

Representative Mark Hart, R-Falmouth, primarily leads the bill. Hart said the bill targets tobacco, alternative nicotine and vapor products and would require schools to adopt disciplinary procedures for violations.

“It outlines a mechanism for reporting to the Kentucky Department of Education on a yearly basis so that we can track the progress and see how effective this is in the future,” Hart said.

HB142, according to Hart, is aiming to give school districts “some teeth” to find and enforce anti-vaping policies. Part of the required consequences would be confiscating any products in the student’s possession.

The bill also requires if a student is caught twice or subsequently to be disciplined through in-school or out-of-school suspension.

Rep. Tina Bojanowski, D-Louisville, said she supports HB 142 but is concerned that suspension won’t deter behavior. She asked Hart if he’d considered adding a treatment referral or other program option to the bill.

Hart said a floor amendment to the bill is forthcoming to address the question of alternative schools and other program options.

Representative DJ Johnson, R-Daviess, said that since the bill has just left committees, he has yet to read the proposed bill fully. Still, he said his preliminary thoughts show something needs to be done.

“I haven’t gotten to review the bill thoroughly, but my general thoughts are we do need to do something,” Johnson said. “Vaping products were not the solution to nicotine we thought they were.”

Locally, Owensboro Public Schools Public Information Office Jared Revlett said the bill “doesn’t impact us.” OPS already has policies in place in the student handbook. Policy reads, “Students shall not be permitted to use or possess any tobacco product, alternative nicotine product, or vapor product as defined in KRS 438.305 on or in all Board property at all times, including any vehicle, owned, operated, leased, or contracted for use by the Board and while attending or participating in any school-related student trip or student activity.”

Consequences include penalties set forth in the local code of acceptable behavior and discipline and may be issued a juvenile complaint or a uniform citation by a law enforcement officer for using or processing a tobacco product.

Revlett noted that the school system does have issues with vaping, yet things are on a downward trend.

“We still have some issues with vaping, but with the addition of vape sensors in our middle and high school and our metal detectors (that also pick up vape devices), we have seen a decrease in the number of occurrences/violations in our schools,” Revlett said.

Daviess County Public Schools Public Information Officer Maddie Edwards said DCPS has similar procedures already in place.

According to the Code of Conduct, students are prohibited from using, possessing and distributing tobacco and tobacco-related products.

Similar to OPS, Edwards said they still face issues with vaping and e-cigarettes but efforts have lowered the number over recent years.

“We still have some reports of students vaping. We installed vape sensors throughout all 6 middle and high school buildings and they have helped combat the issues,” Edwards said.

Rep. Jared Bauman, R-Louisville, asked what is being done to punish retailers who sell these products to children.

Hart said another representative is working on a bill to address that issue. Penalties for retailers who sell vaping and other nicotine or tobacco products to minors were originally included in HB 142. Still, Hart said it was best to keep his bill limited to the school issue.

“We didn’t want to create a bill that seemed like we were trying to punish kids when we’re trying to deter kids,” Hart added.

Rep. Steve Riley, R-Glasgow, said he’s talked to educators who have told him vaping is an epidemic. He said HB 142 is a “good first step” at tackling the problem.

“I think it’s something we owe our students,” Riley said.

HB 142 now heads to the full House for consideration.

Majority Caucus Chair Suzanne Miles, R-Daviess, did not respond in time.