Sample Administrative Regulation (AR)
Tobacco-Free Schools - Business and Noninstructional Operations
Note: Districts receiving Tobacco-Use Prevention Education (TUPE) funds are required by Health and Safety Code 104420 to communicate information about the district's tobacco-free schools policy. Districts that do not receive TUPE funds may delete or revise the following paragraph. 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)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
Note: The following optional paragraph may be revised to reflect district practice.
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.
(cf. 1113 - District and School Web Sites)
OPTION 1: (Districts Receiving TUPE Funds)Signs stating "Tobacco use is prohibited" shall be prominently displayed at all entrances to school property. (Health and Safety Code 104420)
OPTION 2: (Districts Not Receiving TUPE Funds)
Note: The following paragraph is for use by districts that do not receive TUPE funds and have selected Option 2 in the accompanying Board policy. If a district not receiving TUPE funds has chosen to adopt the more stringent prohibitions against smoking (see Option 1 in the accompanying Board policy), it should select Option 1 above.
At each entrance to a building or structure, the Superintendent or designee shall post a sign stating "No smoking" or "Smoking is prohibited except in designated areas" as appropriate. (Labor Code 6404.5)
Note: Pursuant to Labor Code 6404.5, no employer shall knowingly or intentionally permit the smoking of tobacco products in an enclosed space at a place of employment. The effects of the district's tobacco policy, including any disciplinary action taken against employees resulting from the enforcement of the policy, may be subjects of negotiation between the Governing Board and employee organizations. Pursuant to Education Code 48900(h), a student may be subject to disciplinary action when it is determined that he/she possessed or used tobacco or nicotine products; see AR 5144.1 - Suspension and Expulsion/Due Process.
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.
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Note: Labor Code 6404.5 requires the district to take "reasonable steps" to prevent smoking by nonemployees. These reasonable steps include posting clear and prominent signs as specified in the "Notifications" section above and requesting that the nonemployee refrain from smoking in the enclosed workplace. The following optional paragraph may be revised to reflect district practice.
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
(cf. 1250 - Visitors/Outsiders)
(cf. 3515.2 - Disruptions)
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)