Trustees for the San Antonio Independent School District voted unanimously Monday night to claim an exemption from a 2023 state law that mandates punishments for students caught with vapes or THC cartridges.
Under the law, students who use or possess e-cigarettes must be removed from class and placed in an alternative school. Students who use or possess tetrahydrocannabinol, or THC, face the same automatic punishment.
“We were under the impression that we had to pass this amendment in order to be in compliance with TEA,” Board President Christina Martinez said before the vote. “We have since found and discussed at a board workshop that, because we are a district of innovation, that we do not have to abide by this state mandate.”
Trustees voted to approve an amendment to SAISD’s district of innovation plan to claim exemption from that mandate “to allow the district to have discretion in the disciplinary consequences assigned for students in violation of the student code of conduct for offenses related to vaping, alcohol, or THC and marijuana.”
According to the amendment, 993 SAISD students were sent to alternative school during the 2023-2024 school year because of the new law.
“Each day of placement in a Disciplinary Alternative Education Program (DAEP) results in an interruption of instruction, increases a student’s risk for failure and school dropout,” the amendment said, citing research from the University of Texas at Austin.
An earlier version of the Texas Education Code also required students be sent to alternative school for the use or possession of alcohol. SAISD also requested an exemption from that policy.
“I'm actually really pleased that we're using this opportunity,” Trustee Sarah Sorensen said during board discussion. “I mean, I have some critiques about district of innovation policy on some things — class size, maybe — but I think this is definitely student centered.”
“No one’s arguing that students should be vaping in school at all,” Sorensen said. “But this gives us a chance to deal with each unique situation.”
Trustee Alicia Sebastian also said she was happy to have the chance to give the district discretion over discipline.
“This reinforces our commitment to find other ways to deal with the challenges our students face,” Sebastian said. “I appreciate us looking at this with a different viewpoint, understanding that every situation is not a one-size-fits-all situation.”
Superintendent Jaime Aquino said the issue had come at the Student Advisory Council, and that the District Advisory Council had also approved the change.
In the amendment claiming exemption from the state mandate, district officials committed to documenting all cases of vaping and possession of THC, marijuana and alcohol, reporting them to parents and guardians, and “implementing a progressive response,” which may include drug and alcohol counseling on campus.
Other potential consequences include a disciplinary hearing to consider placement in alternative school.
The Texas Education Agency did not respond to TPR's request for clarification on whether or not the discipline mandate qualifies for an exemption for districts of innovation. However, Austin ISD adopted a similar exemption in April to gain discretion over their response to the use of vapes that contain nicotine. Almost every traditional school district in Texas has a district of innovation designation.
