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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