Sample Board Policy (BP)
Tobacco-Free Schools - Business and Noninstructional Operations
The Governing Board recognizes that the health hazards associated with smoking and the use of tobacco products, including the breathing of second-hand smoke, are inconsistent with its goal to provide a healthy environment for students and staff.
(cf. 3514 - Environmental Safety)
(cf. 4159/4259/4359 - Employee Assistance Programs)
(cf. 5030 - Student Wellness)
(cf. 5131.62 - Tobacco)
(cf. 5141.23 - Asthma Management)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)
Note: Health and Safety Code 104420 mandates districts receiving Tobacco-Use Prevention Education (TUPE) funds to adopt a tobacco-free schools policy that prohibits the use of tobacco anytime, anywhere in district-owned or leased buildings, on district property, and in district vehicles (Option 1 below). Districts must certify compliance with this requirement by submitting a California Department of Education (CDE) certification form and supporting documentation to the county office of education's TUPE coordinator by July 1 in order to apply for TUPE funding for that fiscal year. The certification process also requires submission of the district's written policy and enforcement procedures; see the accompanying administrative regulation for enforcement procedures.
Districts that do not receive TUPE funds may select Option 2 below, which prohibits smoking only in enclosed spaces pursuant to Labor Code 6404.5 and 20 USC 6083, or may choose the more stringent requirements in Option 1.
OPTION 1: (Districts Receiving TUPE Funds)
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 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 violations of the policy.
(cf. 1330 - Use of School Facilities)
(cf. 1330.1 - Joint Use Agreements)
Note: State law does not define "tobacco products" for purposes of the district's tobacco-free schools policy. The CDE's Web site recommends that a district's policy define "tobacco products" to prohibit the use of products containing tobacco or nicotine, including nicotine delivery devices such as electronic cigarettes which provide an inhalable dose of nicotine by delivering a vaporized solution. Health and Safety Code 119405, added by SB 882 (Ch. 312, Statutes of 2010), makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a minor under age 18.
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, and nicotine delivery devices such as electronic cigarettes. Exceptions may be made for the use or possession of prescription nicotine products.
OPTION 2: (Districts Not Receiving TUPE Funds)
In accordance with law, smoking is prohibited in district vehicles and in all enclosed spaces in district facilities, including, but not limited to, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. (Labor Code 6404.5; 20 USC 6083)
Note: Only districts selecting Option 2 may use the following optional paragraph.
Pursuant to Labor Code 6404.5, a district may provide breakrooms designated for smoking provided that (1) air from the smoking room is exhausted directly to the outside by an exhaust fan, (2) the district complies with ventilation and other standards adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency, (3) the smoking room is located in a nonwork area where no one is required to enter as part of his/her work responsibilities, and (4) there are sufficient nonsmoking breakrooms to accommodate nonsmokers.
The Superintendent or designee may provide employee breakrooms designated for smoking only if such rooms meet the requirements of Labor Code 6404.5 and are not accessible to minors. Employees and visitors may smoke outside on school or district grounds except in those areas designated as nonsmoking or otherwise prohibited by law.
Note: The following paragraph is for use by all districts.
Smoking or use of any tobacco-related products and disposal of any tobacco-related waste are prohibited within 25 feet of any playground, except on a public sidewalk located within 25 feet of the playground. (Health and Safety Code 104495)
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, especially:
104495 Prohibition of smoking and tobacco waste on playgrounds
119405 Unlawful to sell or furnish electronic cigarettes to minors
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
Eureka Teachers Assn. v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168)
CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School District (1989) PERB Order #750 (13 PERC 20147)