3513.3
AR
Administrative Regulation
Tobacco-Free Schools
Information about the district's tobacco-free schools policy and enforcement procedures shall be communicated clearly to employees, parents/guardians, students, and the community. (Health and Safety Code 104420)
The Superintendent or designee may disseminate this information through annual written notifications, district and school web sites, student and parent handbooks, and/or other appropriate methods of communication.
The Superintendent or designee shall ensure that signs stating "Tobacco use is prohibited" are prominently displayed at all entrances to school property.
Enforcement/Discipline
Any employee or student who violates the district's tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate.
Any other person who violates the district's policy on tobacco-free schools shall be informed of the district's policy and asked to refrain from smoking. If the person fails to comply with this request, the Superintendent or designee may:
- Direct the person to leave school property
- Request local law enforcement assistance in removing the person from school premises
- If the person repeatedly violates the tobacco-free schools policy, prohibit him/her from entering district property for a specified period of time
The Superintendent or designee shall not be required to physically eject a nonemployee who is smoking or to request that the nonemployee refrain from smoking under circumstances involving a risk of physical harm to the district or any employee. (Labor Code 6404.5)
Legal & Management References
State
Bus. Code 22950.5 - Stop Tobacco Access to Kids Enforcement Act - Definitions
Ed. Code 48900 - Grounds for suspension or expulsion
Ed. Code 48901 - Smoking or use of tobacco prohibited
H&S Code 104350-104495 - Tobacco-use prevention education
H&S Code 104495 - Prohibition of smoking and tobacco waste on playgrounds
H&S Code 104559 - Tobacco use prohibition
H&S Code 119405 - Unlawful to sell or furnish electronic cigarettes to minors
H&S Code 39002 - Control of air pollution from nonvehicular sources
Lab. Code 3300 - Definition of employer
Lab. Code 6304 - Safe and healthful workplace
Lab. Code 6404.5 - Occupational safety and health; use of tobacco products
Federal
20 USC 6083 - Nonsmoking policy for children's services
20 USC 7111-7122 - Student support and academic enrichment grants
21 CFR 1140.1-1140.34 - Unlawful sale of cigarettes and smokeless tobacco to minors
Management Resources
PERB Ruling - CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School District (1989) PERB Order #750 (13 PERC 20147)
PERB Ruling - Eureka Teachers Assn. v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168)
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, Tobacco-Free School District Certification
Website - Occupational Safety and Health Standards Board
Website - California Department of Public Health, Tobacco Control
Website - California Department of Education, Alcohol, Tobacco and Other Drug Prevention
Website - U.S. Environmental Protection Agency
Cross References
0450 AR Comprehensive Safety Plan
1113 AR District And School Websites
1250 AR Visitors/Outsiders
1330 AR Use Of School Facilities
1330.1 BP Joint Use Agreements
3513.4 BP Drug And Alcohol Free Schools
3515.2 AR Disruptions
4112.9 AR Employee Notifications
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4159 BP Employee Assistance Programs
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4259 BP Employee Assistance Programs
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4359 BP Employee Assistance Programs
5030 BP Student Wellness
5131.62 AR Tobacco
5141.23 AR Asthma Management
5144 AR Discipline
5144.1 AR Suspension And Expulsion/Due Process
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6142.8 AR Comprehensive Health Education
6143 AR Courses Of Study