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Slide 11 - Recommendations for Compliance 

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Slide 11 - Recommendations for Compliance 

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1. Make students, staff, and stakeholders aware of what constitutes contraband as it relates to HB 114.

2. Make students, staff, and stakeholders aware of what constitutes school, school property, and school sponsored events.

3. Make students and stakeholders aware of the disciplinary alternative education program as it pertains to the length of time and course work for violators.

4. Create awareness about the health effects of vaping, marijuana, and tobacco use.

5. Make staff aware of the correct process for reporting students in violation.

6. Review data on violations and collaborate with local law enforcement and resource officers regularly.

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Slide 10 - Personal Connection to Legal and Ethical Standards

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Slide 10 - Personal Connection to Legal and Ethical Standards

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In my time as an aspiring principal, I have come to value the importance of staying abreast of legislative issues. As I have moved from the secondary level to elementary, I have become more lax in this aspect. Recently, I have developed a better understanding of the "pipeline" from federal government to state government to TEA to local school districts.

I feel as if many laws that affect education are great ideas but are created with unrealistic expectations. I also realize that rural districts across the state have much less influence on amending legislation than the larger cities. In a broad sense I wish to see school districts given more freedom on the subject of discipline.

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Per the Texas Education Code, EDUC § 38.006 (2021), school districts shall prohibit tobacco or e-cigarette use on school property or at school sanctioned events. Additionally, they are to ensure school personnel enforce the policy.

An example of this ethical dilemma that has occurred recently at a local school district sanctioned event is students using tobacco in a vehicle at a county stock show. A staff member had to choose to report the violators to school administrators.

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1. Adopting a tobacco prevention toolkit for your school district (Tobacco Related Disease Research Program, 2014). There are many of these available, and they include signs, videos, and communication suggestions.

2. Stakeholder meetings over the implications of tobacco and marijuana violations that is relevant to your community.

3. Student and stakeholder communication over the health risks of tobacco, marijuana, and e-cigarette use. Highlighting the risks it poses to adolecense.

New Tobacco Prevention Toolkit for Youth. (n.d.). TRDRP. Retrieved March 5, 2024, from https://www.trdrp.org/news/tobacco-prevention-toolkit%20.html

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School districts are responsible for enforcing House Bill 114 2023, 88 (R) (2023) Our school district provides guidance and policy on prohibited drugs and contraband for staff, students, and parents in the District Handbook and the Student Code of Conduct.

-What constitutes contraband

-Consequences of violations

-DAEP as it relates to coursework and timeframes (GISD Student Code of Conduct, 2023)

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The Tobacco Control Act of 2009 gives the FDA, which is a government agency, control of the manufacturing, marketing, and distribution of tobacco (Tobacco Control Act, 2009).

-Restricts sales to minors

-Prohibits tobacco in vending machines

-Prohibits sponsorship of sports and entertainment events

-Requires warning labels

H.R.1256 - 111th Congress (2009-2010): Family Smoking Prevention and Tobacco Control Act. (n.d.). Congress.gov. Retrieved March 2, 2024, from https://www.congress.gov/bill/111th-congress/house-bill/1256

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To protect the public health of the U.S. population and create a healthier future, the Family Smoking Prevention and Tobacco Control Act ( Tobacco Control Act), signed into law on June 22, 2009, gives FDA authority to regulate the manufacture, distribution, and marketing of tobacco products.
The Tobacco Control Act:
Restricts Tobacco Marketing and Sales to Youth

The Tobacco Control Act puts in place specific restrictions on marketing tobacco products to children and gives FDA authority to take further action in the future to protect public health. These provisions ban:

sales to minors

vending machine sales*

the sale of packages of fewer than 20 cigarettes

tobacco-brand sponsorships of sports and entertainment events or other social or cultural events

free giveaways of sample cigarettes and brand-name non-tobacco promotional items

*except in adult-only facilities

Requires Smokeless Tobacco Product Warning Labels

The Tobacco Control Act requires that smokeless tobacco packages and advertisements have larger and more visible warnings. Smokeless tobacco includes tobacco products such as moist snuff, chewing tobacco, and snus. Every smokeless tobacco package and advertisement will include one of the following warning label statements:

WARNING: This product can cause mouth cancer.

WARNING: This product can cause gum disease and tooth loss.

WARNING: This product is not a safe alternative to cigarettes.

WARNING: Smokeless tobacco is addictive.

For smokeless tobacco packaging, the warning label statement must be located on the two principal sides of the package and cover at least 30% of each side.

For advertisements, the warning label statements must cover at least 20% of the area of the ad.

These changes aim to increase awareness of the health risks associated with smokeless tobacco use and improve the public health.

Ensures "Modified Risk" Claims are Supported by Scientific Evidence

The landmark law prohibits tobacco companies from making reduced harm claims like "light," "low," or "mild," without filing an application for a modified risk tobacco product and obtaining an order to market as such.

Requires Disclosure of Ingredients in Tobacco Products

Tobacco companies must provide FDA with detailed information about the ingredients in their products.

Preserves State, Local, and Tribal Authority

The Tobacco Control Act preserves the authority of state, local, and tribal governments to regulate tobacco products in specific respects.

Additional Authorities

The Tobacco Control Act gives FDA authority to help protect the public and create a healthier future for all Americans. For example, the Tobacco Control Act:

Requires tobacco company owners and operators to register annually and open their manufacturing and processing facilities to be subject to inspection by FDA every two years.

Allows FDA to implement standards for tobacco products to protect public health. For example, FDA has the authority to regulate nicotine and ingredient levels.

Bans cigarettes with characterizing flavors, except menthol and tobacco.

Funds FDA regulation of tobacco products through a user fee on the manufacturers of certain tobacco products sold in the United States, based on their U.S. market share.

The Tobacco Control Act does not:

The law makes clear that FDA's role is to regulate and protect the public health, but it places a few restrictions on FDA's powers. FDA cannot:

Require prescriptions to purchase tobacco products.

Require the reduction of nicotine yields to zero.

Ban face-to-face sales in a particular category of retail outlets.

Ban certain classes of tobacco products.

Search the Act
: This overview highlights some of the provisions of the Tobacco Control Act and is not intended to be a comprehensive guide or to reflect FDA's interpretation of the Tobacco Control Act. For complete information, you must read the entire law.
Additional Resources

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Family Smoking Prevention and Tobacco Control Act

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The TCA gives FDA authority to regulate the manufacture, distribution, and marketing of tobacco products to protect American families from tobacco.

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There has been numerous cases against tobacco companies in the last 30 years. In 1992 congress enacted the (Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act, 1992). This made the tobacco use age 18 years old.

In 2019 legislation was created to raise the minimum tobacco use age to 21. This is referred to as the Tobacco 21 Act (Tobacco to 21 Act, 2019).

In 2022 popular vape company JUUL was ordered by the FDA to stop selling their product due to its marketing of minors and misleading side effects. JUUL has been involved in over 5,000 lawsuits. Since then many more e-cigarette manufacturers have been involved in litigation (Campaign for Tobacco-Free Kids, 2024).

S.1306 - 102nd Congress (1991-1992): ADAMHA Reorganization Act | Congress.gov | Library of Congress. (n.d.). Congress.gov. Retrieved March 5, 2024, from https://www.congress.gov/bill/102nd-congress/senate-bill/1306

Text - H.R.2411 - 116th Congress (2019-2020): Tobacco to 21 Act | Congress.gov | Library of Congress. (n.d.). Congress.gov. Retrieved March 5, 2024, from https://www.congress.gov/bill/116th-congress/house-bill/2411/text

U.S. Federal Court Cases. (2023, July 24). Campaign for Tobacco-Free Kids. Retrieved March 5, 2024, from https://www.tobaccofreekids.org/what-we-do/us/us-federal-court-cases

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Slide 4 - Statutes and Administrative Laws

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Slide 4 - Statutes and Administrative Laws

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Statute: Penal Code Chapter 48 includes ages and places where e-cigarettes and tobacco are prohibited.

-Theaters

-Schools

-Public buses, planes, and trains

-Libraries and museums

-Hospitals

Administrative Laws: The Texas Education Agency, which enforces all policies pertaining to education, is regulated by the Texas Administrative Code (TAC) 34 TAC §3.1206.

PENAL CODE CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH. (n.d.). Texas Constitution and Statutes. Retrieved March 3, 2024, from https://statutes.capitol.texas.gov/Docs/PE/htm/PE.48.htm

Texas Administrative Code. (n.d.). Texas Administrative Code. Retrieved March 3, 2024, from https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=1206

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PENAL CODE CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH

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PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH Sec. 48.01. SMOKING TOBACCO. (a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code.

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Federal: In 2019, the U.S. Congress raised the federal minimum age to buy tobacco products from 18 to 21 years of age (Tobacco to 21 Act, 2019).

-Called the Tobacco to 21 Act

-Prohibits the sale or possession of tobacco to individuals under the age of 21

State: Senate Bill 21 made Texas the 16th state to raise the legal tobacco age to 21 (TX SB21, 86(R) 2019).

Text - H.R.2411 - 116th Congress (2019-2020): Tobacco to 21 Act | Congress.gov | Library of Congress. (n.d.). Congress.gov. Retrieved March 3, 2024, from https://www.congress.gov/bill/116th-congress/house-bill/2411/text

TX SB21 | 2019-2020 | 86th Legislature. (n.d.). LegiScan. Retrieved March 3, 2024, from https://legiscan.com/TX/bill/SB21/2019

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Federal: House Bill 114 2023, 88 (R) (2023) was passed by the House on April 25, 2023, and by the Senate on May 24, 2023. This Bill will be headed by the Commissioner of Education.

State: Enforcing said policy will fall to the Texas Education Agency (TEA) and individual school districts. The TEA is headed by the Commissioner of Education.

The school districts are held accountable by TEA, which has the authority to audit, withhold funds, and, in dire situations, conduct a complete district takeover.

Bill Text: TX HB114 | 2023-2024 | 88th Legislature | Enrolled. (n.d.). LegiScan. Retrieved March 5, 2024, from https://legiscan.com/TX/text/HB114/id/2820174

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As a future principal, the induction of House Bill 114 2023, 88 (R) (2023) has tremendous implications for many school districts around the state of Texas. The mandatory placement of any student in possession of marijuana, and the popular e-cigarettes into a discipline alternative education program can be a hefty task. This Bill is a topic of interest because it poses a challenge to staffing, housing of students, stakeholder push-back, ethical decision-making, and reduced class time for punished students. This new policy has many pros and cons.