New vaping law lands hundreds of North Texas students in alternative school

Hundreds of North Texas students were sent to disciplinary alternative schools this school year because they were caught vaping — an offense that requires strict punishment under a new state law.

More than one-fifth of students assigned to such campuses in eight Dallas County districts were there because of e-cigarettes, according to discipline records analyzed by The Dallas Morning News.

The state mandate raises questions among education advocates — and even the legislator who pushed for the law addressing vaping. Some are worried that time spent in alternative school can derail students’ learning. Public health officials are concerned about the idea of disciplining children who likely need help.

“You can’t punish your way out of an addiction issue,” said Charlie Gagen, the American Lung Association’s Director of Advocacy for Texas. “We’d really like to see more resources for youth education and cessation and leave the punishment aspect for those retailers” who sell products to minors.

The News requested data covering the first five months of the academic year that detailed how many students were sent to Disciplinary Alternative Education Programs, or DAEP, because of vaping.

More than one in 10 Dallas ISD students sent to alternative schools as of Feb. 1 were removed from their home campuses because of e-cigarettes. The percentages are more striking in districts such as Duncanville and Mesquite, where around 40% of alternative school placements were for vaping.

Students are generally sent to these alternative schools for serious offenses, such as making terroristic threats, selling drugs or assaulting an employee. Now schools across the state have information campaigns reminding students: VAPE = DAEP.

Some DAEP campuses were pushed to capacity, which meant children were routed to in-school suspension instead.

More than one in 10 high school students in Texas reported using e-cigarettes in the past 30 days in 2021, according to statewide survey data. Nearly 6% of middle schoolers did so.

Dallas County reported its first vaping-related death — a teenager — in 2020.

It’s challenging to respond to the influx of e-cigarette use, school officials have said.

Such devices may look like conventional cigarettes. Others resemble pens, USB sticks or highlighters. It’s also difficult to discern whether an e-cigarette is loaded with nicotine or THC, a compound in the cannabis plant, which makes it a more serious issue.

Lawmakers established the discipline mandate in response to the striking rise in e-cigarette use among minors.

The bill’s sponsor questions how it’s played out.

Rep. Ed Thompson, R-Pearland, hoped to give schools flexibility over how they handle students caught vaping. He said he was inspired to take the issue on after hearing about many teenagers getting routed to Juvenile Justice Alternative Education — a more severe disciplinary school — because of e-cigarettes.

His bill was amended during the legislative process to include the strict DAEP mandate. Thompson is not returning to the Legislature in 2025, but he thinks lawmakers will revisit vaping discipline rules then.

“I want there to be flexibility for the schools,” he said. “My intent was never to tie anyone’s hands.”

Health officials concerns

Some worry about the long-term impact of DAEP placements on students’ emotional state. What about their grades? Mental health?

Dr. Bonnie Halpern-Felsher, professor of pediatrics in adolescent medicine at Stanford University, said the data stemming from Texas schools’ crackdown on vaping should be studied.

“I do have concerns,” said Halpern-Felsher, founder and executive director of Tobacco Prevention Toolkit.

Preventing teens from using e-cigarettes in the first place should be Texas’ priority, public health officials say. Several programs — such as CATCH My Breath or Truth Initiative — promote lessons on vaping education.

“Not all students understand that there’s nicotine or cannabis — drugs — in these devices,” Halpern-Felsher said. “They’re still thinking that it’s just flavored water.”

For those who have already started vaping, advocates advise, the state must do more to help teenagers quit.

“Offering cessation services sounds like the right thing to do for kids who are addicted to nicotine. Disciplining them and putting them into alternative schools might be overkill,” said Dr. Steven Kelder, a UTHealth Houston School of Public Health professor. “Although, yes, the students need to account for their actions, I’m sure most or all of them didn’t plan on getting addicted.”

Patchwork approach

Despite the new law, districts approach punishment for vaping in a patchwork way.

A Dallas high schooler caught for the first time with a nicotine vape faces a 20-day placement in alternative school, for example.

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