3513.3
BP
Board Policy
Tobacco-Free Schools
The Board of Education recognizes the health hazards associated with smoking and the use of tobacco and nicotine products, including the breathing of second-hand smoke, constitute a serious public health hazard and are inconsistent with district goals and desires to provide a healthy environment for students and staff.
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 104420; Labor Code 6404.5; 20 USC 6083)
This prohibition applies to all employees, students and visitors at any 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 violations 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)
- 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
- 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
- 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 any tobacco-related product 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 a person for attempting to enforce this policy is prohibited. (Health and Safety Code 104495)
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