Koby Andrews - EDG - 6305 - Legal and Ethical Application - House Bill 114 by Koby Andrews

Slide 1 - My Professional Perspective

kandrews5_1 — 2024-03-02 16:01:11 UTC

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.

Slide 2 - Governing Agencies

kandrews5_1 — 2024-03-02 19:24:26 UTC

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

Slide 3 - Constitutional Laws

kandrews5_1 — 2024-03-02 19:42:54 UTC

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

Slide 4 - Statutes and Administrative Laws

kandrews5_1 — 2024-03-02 20:04:20 UTC

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

Slide 5 - Case Laws

kandrews5_1 — 2024-03-02 22:46:14 UTC

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

Slide 6 - Federal Regulation

kandrews5_1 — 2024-03-02 22:57:26 UTC

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

Slide 7 - Local Policy

kandrews5_1 — 2024-03-02 23:04:44 UTC

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)

Slide 8 - Risk Management

kandrews5_1 — 2024-03-03 01:09:31 UTC

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

Slide 9 - Ethical Principal

kandrews5_1 — 2024-03-03 14:25:40 UTC

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.

Slide 10 - Personal Connection to Legal and Ethical Standards

kandrews5_1 — 2024-03-03 14:48:11 UTC

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.

Slide 11 - Recommendations for Compliance

kandrews5_1 — 2024-03-03 15:18:01 UTC

Make students, staff, and stakeholders aware of what constitutes contraband as it relates to HB 114.
Make students, staff, and stakeholders aware of what constitutes school, school property, and school sponsored events.
Make students and stakeholders aware of the disciplinary alternative education program as it pertains to the length of time and course work for violators.
Create awareness about the health effects of vaping, marijuana, and tobacco use.
Make staff aware of the correct process for reporting students in violation.
Review data on violations and collaborate with local law enforcement and resource officers regularly.