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Burlingame SD |  BP  5131.62  Students

Tobacco   

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The Board of Trustees recognizes that tobacco use presents serious health risks and desires to provide support and assistance in reducing the number of students who begin or continue to use tobacco. The Superintendent or designee shall establish a comprehensive program that includes consistent enforcement of laws prohibiting tobacco possession and use by students, tobacco-use prevention education, and intervention and cessation activities and/or referrals.

Prohibition Against Tobacco Use

Students shall not 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 any product containing tobacco or nicotine, including, but not limited to cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clover cigarettes, betel, and nicotine delivery devices such as electronic cigarettes or electronic Hookahs, and other vapor-emitting devices, or any electronic or non-electronic device that mimics or implies the act of smoking. This also includes any tobacco related paraphanalia, including but not limited to rolling papers, pipes, lighters, etc. This prohibition does not include students' possession or use of their own prescription nicotine products or other FDE-approved cessation aids such as nicotine patches or nicotine gum. (Education Code 48900, 48901)

(cf. 3513.3 - Tobacco-Free Schools)

(cf. 5131 - Conduct)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

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.

(cf. 1020 - Youth Services)

(cf. 5141.6 - School Health Services)

(cf. 6164.2 - Guidance/Counseling Services)

Prevention Instruction

The district shall provide developmentally appropriate tobacco-use prevention instruction for students at selected grade levels from K-8. 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.

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

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

Program Planning

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.

(cf. 1220 - Citizen Advisory Councils)

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

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

(cf. 1325 - Advertising and Promotion)

(cf. 5030 - Student Wellness)

(cf. 5131.6 - Alcohol and Other Drugs)

The district's program shall be aligned with guidelines issued by the California Department of Education (CDE) and with federal Principles of Effectiveness described in 20 USC 7115. The Superintendent or designee shall:

1. Base the district's program on a thorough assessment of objective data regarding tobacco-use problems in district schools and the community

This assessment shall include an analysis of data regarding the incidence and consequences of tobacco use, an examination of existing efforts and activities in the community, and a determination of high-priority groups that are most in need of district services.

2. Establish a set of measurable goals and objectives and design the program to meet those goals and objectives

3. Design and implement the program based on scientific research or evaluation that provides evidence that the strategies will prevent or reduce tobacco use

4. Use the results of ongoing program evaluations to strengthen the program and refine program goals and objectives

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 to students 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 the CDE on program activities, program expenditures, the number of individuals receiving each type of service or training, progress toward program goals and objectives, and other data required pursuant to Health and Safety Code 104450.

(cf. 0500 - Accountability)

(cf. 5022 - Student and Family Privacy Rights)

(cf. 6162.8 - Research)

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)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

TUPE Acceptance of Funds Guidance

Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008

Health Framework for California Public Schools: Kindergarten Through Grade Twelve, 2003

Getting Results: Part II California Action Guide to Tobacco Use Prevention Education, 2000

WEST ED PUBLICATIONS

Guidebook for the California Healthy Kids Survey

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Tobacco-Use Prevention Education: http://www.cde.ca.gov/ls/he/at/tupe.asp

California Department of Public Health, Tobacco Control: http://www.cdph.ca.gov/programs/tobacco

California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Healthy Kids Survey: http://www.wested.org/hks

Centers for Disease Control and Prevention, Smoking and Tobacco Use: http://www.cdc.gov/tobacco

U.S. Surgeon General: http://www.surgeongeneral.gov

Policy BURLINGAME SCHOOL DISTRICT

adopted: September 21, 2010 Burlingame, California

revised: May 26, 2015