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Viewing Policy: BP 5131.62 – Tobacco-Free Schools



BP 5131.62

Students

 

Tobacco-Free Schools

 

The Governing Board recognizes the serious health risks presented by tobacco use and desires to ensure that, through adoption of consistent policies, district students are made aware of those risks and, to the extent possible, protected from them.  The Superintendent or designee shall establish a coordinated school health system which includes a comprehensive behavioral health education component that teaches students the knowledge, skills, and attitudes they need in order to lead healthy lives and avoid high-risk behaviors, such as tobacco use.

The Superintendent or designee shall provide prevention, intervention, and cessation education, information, activities, and/or referrals to district students and shall ensure consistent enforcement of district policies prohibiting student possession and use of tobacco products.

Prohibition Against Tobacco Use

Education Code 48900 and 48901 prohibit students from possessing, smoking, or using tobacco on school grounds, as provided in the following paragraph. Pursuant to Education Code 48900, students who violate this prohibition may be subject to discipline, including suspension or expulsion.  However, pursuant to Education Code 48900.5, it is recommended that other means of correction that address the student’s conduct be implemented instead of suspension or expulsion.  In addition, Health and Safety Code 104420 mandates that any district receiving funding through the TUPE program adopt and enforce a tobacco-free schools policy which prohibits the use of tobacco products in district buildings, on district property, and in district vehicles by any person at any time.

Students shall not possess, smoke, or use tobacco or any product containing tobacco or nicotine while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees.  Prohibited products include, but are not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.  (Education Code 48900, 48901)

Students’ possession or use of electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products is also prohibited.

These prohibitions do not apply to a student’s possession or use of his/her own prescription products.  However, student possession or use of prescription products in school shall be subject to the district’s policy and regulation for addressing the administration of medications on campus.  (Education Code 48900)

(cf. 5141.21 – Administering Medication and Monitoring Health Conditions)

Prevention Instruction

The district shall provide developmentally appropriate tobacco-use prevention instruction for students at selected grade levels from K-12 pursuant to Education Code 51202.  Such instruction shall be aligned with state content standards and the state curriculum framework for health education and with any requirements of state and/or federal grant programs in which the district participates.

Intervention/Cessation Services

The district may provide or refer students to counseling, intensive education, and other intervention services to assist in the cessation of tobacco use.  Such intervention services shall be provided as an alternative to suspension for tobacco possession.

Program Planning

 

The district’s tobacco-use prevention and intervention program shall be based on an assessment of tobacco-use problems in district schools and the community, an examination of existing services and activities in the community, and a determination of high-risk student populations that are most in need of district services.

 

The Superintendent or designee shall coordinate with the local health department and county office of education in program planning and implementation. He/she may establish an advisory council including students, parents/guardians, district staff, representatives of the local health department and community organizations, law enforcement professionals, and/or others with demonstrated expertise in tobacco prevention and cessation.

 

The Superintendent or designee also shall coordinate the district’s tobacco-use prevention and intervention program with other district efforts to reduce students’ use of illegal substances and to promote student wellness.

 

The Superintendent or designee shall select tobacco-use prevention programs based on the model program designs identified by the California Department of Education (CDE) and may adapt the model to meet district needs.  (Health and Safety Code 104420)

 

The Superintendent or designee shall not accept for distribution any materials or advertisements that promote the use or sale of tobacco products.  He/she also shall not accept tobacco-use prevention or intervention funds or materials from the tobacco industry or from any entity which is known to have received funding from the tobacco industry.

 

Program Evaluation

To evaluate the effectiveness of the district’s program and ensure accountability, the Superintendent or designee shall biennially administer the California Healthy Kids Survey or other appropriate student survey at selected grade levels in order to assess student attitudes toward tobacco and student use of tobacco. He/she also shall annually report to the Board, and to the CDE if required, the data specified in Health and Safety Code 104450.

The results of program evaluations shall be used to refine program goals and objectives and make changes as needed to strengthen program implementation.

 

Legal Reference:

EDUCATION CODE

48900  Suspension or expulsion (grounds)

48900.5  Suspension, limitation on imposition; exception

48901  Smoking or use of tobacco prohibited

51202  Instruction in personal and public health and safety

60041  Instructional materials, portrayal of effects of tobacco use

HEALTH AND SAFETY CODE

104350-104495  Tobacco-use prevention education

119405  Unlawful to sell or furnish electronic cigarettes to minors

PENAL CODE

308  Minimum age for tobacco possession

CODE OF REGULATIONS, TITLE 17

6800  Definition, health assessment

6844-6847  Child Health and Disability Prevention program; health assessments

UNITED STATES CODE, TITLE 20

7111-7117  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

ATTORNEY GENERAL OPINIONS

88 Ops.Cal.Atty.Gen. 8 (2005)

 

Policy Adopted: 6-3-15