Skip to content
Printer-friendly version

Tobacco-Use Prevention Administrative Regulation

Assists schools in developing regulations to enforce board adopted tobacco-use prevention education policies.
This sample is made available by permission from the California School Boards Association (CSBA) to assist schools in developing regulations to enforce board adopted tobacco-free policies. More information can be found at CSBA’s Policy Services External link opens in new window or tab. or by calling 916-371-4691.

Sample Administrative Regulation (AR)

Students - Tobacco-Use Prevention Education

AR 5131.62

Note: The following optional administrative regulation reflects requirements of the state's Tobacco-Use Prevention Education (TUPE) program pursuant to Health and Safety Code 104350-104495 and may be adapted by other districts that do not receive TUPE funding.

Effective July 1, 2009, the TUPE program provides competitive grant funding for local programs targeting students in grades six through twelve. The district may modify the following administrative regulation to reflect the grades at which the district's program is offered.

The district's tobacco-use prevention program shall provide students in grades six through twelve instruction which addresses the following topics: (Health and Safety Code 104420)

  1. Immediate and long-term undesirable physiologic, cosmetic, and social consequences of tobacco use
  2. Reasons that adolescents say they smoke or use tobacco
  3. Peer norms and social influences that promote tobacco use
  4. Refusal skills for resisting social influences that promote tobacco use

(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)

Note: Health and Safety Code 104420 requires local TUPE programs to provide access to intervention and cessation services to high-risk groups in grades seven through twelve. The California Department of Education (CDE) has determined that these services should be directed toward current users and should be voluntary for students. The CDE's TUPE program application clarifies that districts are not required to directly provide the services, but may instead refer students to community services to satisfy this requirement.

As appropriate, the district shall provide or refer students in grades seven through twelve to tobacco-use intervention and cessation activities. (Health and Safety Code 104420)

(cf. 1020 - Youth Services)
(cf. 5141.6 - School Health Services)
(cf. 6164.2 - Guidance/Counseling Services)

These services shall be directed toward current users and shall be voluntary for students who desire assistance in ceasing the use of tobacco.

Note: The following paragraph is optional. In addition to targeting current tobacco users, Health and Safety Code 104420 requires the CDE to give funding priority to programs that target students most at risk for beginning to use tobacco. Student populations considered to be "most at risk" are to be identified by the district through a local needs assessment; see the accompanying Board policy. On the TUPE application, the district must provide a description of the student population and the district's rationale for designating that population as "high risk." Examples of "high-risk" populations may include students whose parents/guardians smoke, students transitioning from one educational setting to another (e.g., middle school to high school), or students in continuation education or other nontraditional education settings.

In addition to targeting students who currently use tobacco, the district's program shall target students most at risk for beginning to use tobacco as identified through a local needs assessment.

Note: Health and Safety Code 104460 requires districts receiving TUPE funds to provide access to tobacco-use prevention and intervention services to pregnant and parenting students, as provided below. The TUPE application clarifies that districts are not required to directly provide the following services, but may instead refer students to community services.

The district shall provide or refer every pregnant and parenting minor enrolled in the district to tobacco-use prevention services. Such services may be integrated with existing programs for pregnant and parenting minors and shall include: (Health and Safety Code 104460)

  1. Referral to perinatal and related support services
  2. Outreach services and assessment of smoking status
  3. Individualized counseling and advocacy services
  4. Motivational messages
  5. Cessation services, if appropriate
  6. Incentives to maintain a healthy lifestyle
  7. Follow-up assessment
  8. Maintenance and relapse prevention services

(cf. 5146 - Married/Pregnant/Parenting Students)

Back to California Tobacco-Free School District Certification

Questions: John Lagomarsino | jlagomarsino@cde.ca.gov | 916-323-1540 
Download Free Readers