Business and Noninstructional Operations
Board Policy No. 3513.3
Policy Adopted:  September 18, 2014

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; Labor Code 6404.5; 20 USC 6083)

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.

Prohibited products include any product containing tobacco or nicotine, including but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, electronic cigarettes, electronic hookahs, and other vapor-emitting devices with or without nicotine content, that mimic the use of tobacco products

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