The Board of Trustees recognizes the health hazards associated with smoking and the use of tobacco products, including the breathing of second-hand smoke, and desires to provide a healthy environment for students and staff.
(cf. 4159/4259/4359 - Employee Assistance Programs)
(cf. 5131.62 - Tobacco)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)
The Board prohibits the use of tobacco products at any time in district-owned or leased buildings, on district property and in district vehicles. 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 or electronic Hookahs, and other vapor-emitting devices, or any electronic or non-electronic device that mimics or implies the acts of smoking. This also includes any tobacco related paraphanalia, including but not limited to rolling papers, pipes, lighters, etc. This prohibition does not include use of prescription nicotine products or other FDA-approved cessation aids such as nicotine patches or nicotine gum. (Health and Safety Code 104420; Labor Code 6404.5; 20 USC 6083)
This prohibition applies to all employees, students and visitors at any instructional program, activity or athletic event. Smoking or use of any tobacco-related products and disposal of any tobacco-related waste are prohibited, as referenced and described above, on all school grounds and within 25 feet of any playground, (Health and Safety Code 104495)
Legal Reference:
EDUCATION CODE
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
LABOR CODE
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
PERB RULINGS
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)
Management Resources:
WEB SITES
California Department of Education, Alcohol, Tobacco and Other Drug Prevention: http://www.cde.ca.gov/ls/he/at
California Department of Education, Tobacco-Free School District Certification: http://www.cde.ca.gov/ls/he/at/tobaccofreecert.asp
California Department of Public Health, Tobacco Control: http://www.cdph.ca.gov/programs/tobacco
Occupational Safety and Health Standards Board: http://www.dir.ca.gov/OSHSB/oshsb.html
U.S. Environmental Protection Agency: http://www.epa.gov
Policy BURLINGAME SCHOOL DISTRICT
adopted: September 21, 2010 Burlingame, California
revised: May 26, 2015