A new state bill, House Bill 114, which will go into effect Sept. 1, now requires school districts to place students caught with vape devices into an alternative education program.

Some education officials have said the bill emphasizes punishment rather than rehabilitation of students.

The overview

While the bill steepens the penalty for getting caught with a device on campus, it also lowers the punishment for those caught with THC, which used to lead to expulsion.

The new requirements are prompting some districts to either adjust their disciplinary policies or look for ways to cover the extra seats that could be needed in their respective programs.


To keep up with the new requirements, CCISD officials are implementing a new policy that will escalate discipline with each offense.

House Bill 114 includes the following mandates:
  • Students caught with vape devices must be placed in their district’s disciplinary alternative education program, also known as a DAEP.
  • If a DAEP is at capacity, vaping students can be placed in in-school suspension to make room for violent offenders but must be put back in if space opens up.
  • Districts maintain power over how long a DAEP term lasts as well as capacity and staffing.
What they're saying

“It seems like an overreach to make vaping a mandatory DAEP offense. ... But I think it gives us an opportunity to emphasize the seriousness of it,” CCISD general counsel Leila Sarmecanic said.

“I think we need to discourage kids from using these vape pens, period. These kids are old enough to understand the consequences,” said Rep. Ed Thompson, R-Pearland.


The approach

Sarmecanic said despite the bill’s wording, the district maintains power over many aspects of how it carries out discipline for vaping.

Other state statutes allow the district to choose which punishments meet mandatory DAEP placement or discretionary placement.

A litany of factors, such as previous offenses or intent, can levy a range of penalties for students caught. This school year, CCISD will implement an escalating discipline policy and be working with the Bay Area Alliance for Youth and Families to implement programs that focus on rehabilitation instead of just discipline.


CCISD’s escalating discipline policy is as follows:
  • For the first offense, the student receives one day of out-of-school suspension and two days of in-school suspension.
  • For the second offense, the student receives one day of out-of-school suspension and four days of in-school suspension as well as a behavior contract that lays out the punishment for another offense.
  • For the third offense, the student receives out-of-school suspension and a DAEP placement.