In 2023, House Bill 114 took effect in the State of Texas. The law mandates that students found in possession of electronic cigarettes be sent to a disciplinary alternative education program (“DAEP”). Although the law may soon be relaxed to allow schools to make the DAEP referral on a case-by-case basis, the law has resulted in dramatic increases in the number of students being sent to DAEP, and some critics are questioning its effectiveness and fairness.

The Lento Law Firm's Student Defense Team can help students across the country with aggressive penalties imposed by school districts. Our team has experience nationwide in defending students who have been accused of any type of misconduct. To find out how the Lento Law Firm can help you, call 888-535-3686 or fill out our confidential, online contact form today.

Texas Law Imposes Harsh Penalties for a Minor Offense

Electronic cigarettes and vaping have become a significant public health issue in recent years. E-cigarette companies intentionally market their product to young people and promote the claim that vaping is safer than cigarettes.

While it is no doubt an admirable goal to reduce vaping among teens, critics say that the law allowing a referral to DAEP may have pushed the envelope too far. Under the law, a student found to be in possession of an electronic cigarette device may be sent to DAEP. This penalty is severe, as previously, DAEP was reserved for students who had engaged in serious misconduct.

Recent Data Is Alarming

Data reported by one school district shows that for the 2023-2024 school year, almost 35% of all DAEP referrals resulted from vaping. In that district, 133 students had been referred to DAEP in 2023-2024, and in the current year, that number has increased to 180. This data unquestionably shows that despite the admirable goal of reducing student use of electronic cigarettes, the law is not achieving its goal.

Data from that school district also shows that the law is having a disproportionate impact on minorities. Referrals for vaping to DAEP of Black and Hispanic students have far outpaced referrals for other demographics.

Critics of the law point out that this form of punishment has the unintended consequence of placing otherwise good students in a school with students with disciplinary histories. Students with a history of disciplinary issues may be more likely to go down the wrong path and end up in the criminal justice system later in life.

The Lento Law Firm Can Help Protect Your Rights

The Student Defense Team at the Lento Law Firm has defended students in Texas and nationwide against many types of matters, including overbroad laws passed by states. We stand ready to defend your rights, including the right to due process. Our Student Defense Team has experience defending students across the country.

Being charged with misconduct can be scary, and retaining a team focused on defending students can be crucial to standing up for your rights. The Lento Law Firm team has the experience you need to defend yourself. Call 888-535-3686 or fill out our confidential contact form today.