Business and Noninstructional Operations
Board Policy No. 3513.3
Policy Revised:  Nov. 2, 2023

TOBACCO-FREE SCHOOLS

The Governing Board recognizes that smoking and other uses of tobacco and nicotine products
constitute a serious public health hazard and are inconsistent with District goals to provide a healthy
environment for students and staff. (cf. 6143--Courses of Study)

The Board prohibits the use of tobacco products at any time in District-owned or leased buildings, on
District property and in District vehicles. (Health and Safety Code 1044220; 104559)

This prohibition applies to all employees, students and visitors at any school-sponsored instructional
program, activity, or athletic event held on or off District property. Any written joint use agreement
governing community use of District facilities or grounds shall include notice of the District’s tobacco free schools policy and consequences for violation of the policy.

Smoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe,
tobacco, or plant product intended for inhalation, whether natural or synthetic, in any manner or form,
and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5; Education Code 48901)

Tobacco products include: (Business and Professions Code 22950.5; Education Code 48901)

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, or snuff

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the
device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah

3. Any component, part, or accessory of a tobacco product, whether or not sold separately
This policy does not prohibit the use or possession of prescription products and other cessation aids that have been approved by the U. S. Department of Health and Human Services, Food and Drug
Administration, such as nicotine patch or gum. Smoking or use of tobacco-related products or disposal of any tobacco-related waste is prohibited within 25 feet of any playground, except on a public sidewalk located within 25 feet of the playground. In addition, any form of intimidation, threat, or retaliation against the person for attempting to enforce this policy is prohibited. (Health and Safety Code 104495)

Legal Reference:
EDUCATION CODE
48900 Grounds for suspension/expulsion
48901 Prohibition against tobacco use by students
HEALTH AND SAFETY CODE
39002 Control of air pollution from nonvehicular sources
104350-104495 Tobacco use prevention
104495 Prohibition of smoking and tobacco waste on playgrounds
119405 Unlawful to sell or furnish electronic cigarettes to minors
LABOR CODE
3300 Employer, definition
6304 Safe and healthful workplace
6404.5 Occupational safety and health; use of tobacco products
UNITED STATES CODE, TITLE 20
6083 Nonsmoking policy for children's services
7100-7117 Safe and Drug Free Schools and Communities Act
CODE OF FEDERAL REGULATIONS, TITLE 21
1140.1-1140.34 Unlawful sale of cigarettes and smokeless tobacco to minors