Texas Senate Bill SB2428

Texas 2023 - 88th Regular

• Filed: 3/10/23
• Out of Senate Committee: 5/1/23
• Voted on by Senate: 5/15/23

Caption

Relating to the removal of a public school student from the classroom for the possession or use of an e-cigarette.

Impact

The implications of SB2428 on state laws include a shift towards stricter oversight and regulation of student behavior regarding e-cigarette usage. By instituting educational requirements for those caught with e-cigarettes, the bill not only aims to enforce disciplinary measures but also seeks to inform students about the dangers associated with vaping. This could lead to a reduction in vaping incidents within schools as students become more aware of the potential consequences of such behaviors. The introduction of in-school suspension as a temporary measure during DAEP capacity constraints indicates a responsive approach to resource limitations while still enforcing accountability.

Summary

SB2428, introduced by Senator Creighton, addresses the growing concern of vaping among public school students. The bill mandates that students found in possession of or using e-cigarettes must be removed from their classrooms and placed in a disciplinary alternative education program (DAEP). Furthermore, students are to complete a program focused on education regarding the risks associated with substance abuse and e-cigarette usage before being permitted to return to class. This legislative approach highlights a proactive stance towards combating substance-related issues in school environments.

Sentiment

Overall, the sentiment surrounding SB2428 appears to be supportive among those advocating for public health and safety within school settings. Proponents of the bill argue that it is a necessary step to ensure the well-being of students and create an environment conducive to learning and discipline. However, there are also concerns expressed about punitive responses to what some view as a broader youth culture trend, with debates over the balance between education and discipline becoming a prominent theme in discussions surrounding the bill.

Contention

Notable points of contention include the potential for the bill to disproportionately affect students and critiques from advocacy groups suggesting that education should be prioritized over punishment. There were discussions around the need for flexibility in how schools engage with students caught using e-cigarettes, indicating a desire for frameworks that support student development rather than merely imposing punitive consequences. The ongoing dialogue around these issues highlights the complexities involved in addressing substance use in schools and the varying opinions on the most effective methodologies.

Texas Constitutional Statutes Affected

Education Code

• Chapter 37. Discipline; Law And Order
  • Section: New Section
  • Section: New Section
  • Section: New Section

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: 081
  • Section: 081
  • Section: 081