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Elk Grove USD  |  BP  3513.3  Business and Noninstructional Operations

Tobacco-Free Schools   

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The Governing Board recognizes that smoking and other uses of tobacco and nicotine products constitute a serious public health hazard and are inconsistent with district goals to provide a healthy environment for students and staff.

(cf. 3514 - Environmental Safety)

(cf. 4159/4259/4359 - Employee Assistance Programs)

(cf. 5030 - Student Wellness)

(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. (Health and Safety Code 104420; Labor Code 6404.5; 20 USC 6083). Prohibited tobacco products include, but are not limited to cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, betel, and electronic nicotine delivery and vaping devices. "Electronic nicotine delivery and vaping devices" are defined as battery-operated or other electronic products designed to deliver nicotine, flavor, and other chemicals by turning the substance into a vapor that is inhaled by the user, including but not limited to electronic vaping devices, personal vaporizers, digital vapor devices, electronic nicotine delivery systems, hookah pens, and similar devices..

The Board further prohibits the use of tobacco products (as defined in this board policy) at all times on district grounds. This prohibition applies to all employees, students, visitors and other persons at any activity or athletic event on property owned, leased or rented by or from the district. Any written joint use agreement governing community use of district facilities or grounds shall include notice of the district's tobacco-free schools policy and consequences for violations of the policy.

The Superintendent or designee shall inform students, parents/guardians, employees, and the public about this policy and related procedures.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

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

(cf. 1330 - Use of School Facilities)

Signs prohibiting the use of tobacco shall be prominently displayed at all entrances to school property.

Information about smoking cessation programs shall be made available and encouraged. (Health and Safety Code 104420.)

(cf. 4159 -Employee Assistance Programs)

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

Regulation ELK GROVE UNIFIED SCHOOL DISTRICT

Adopted: January 4, 1985 Elk Grove, California

Revised: July 2, 1990

Amended: October 1, 1990

Revised: September 8, 1992

Revised: April 19, 1993

Revised: June 19, 1995

Revised: November 2, 1998

Revised: May 19, 2015