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Menifee Union SD |  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 hazards 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. 5141.23 - Asthma Management)

(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; (20 U.S.C. 6083, Labor Code 6404.5)

This prohibition applies to all employees, students and visitors at any school-sponsored instructional program, activity or athletic event held on or off district property. 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.

Smoking or use of any tobacco-related products and disposal of any tobacco-related waste are prohibited within 25 feet of any playground, except on a public sidewalk located within 25 feet of the playground. (Health and Safety Code 104495)

(cf. 1330 - Use of School Facilities)

(cf. 1330.1 - Joint Use Agreement)

The products prohibited include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products.

The policy does not prohibit the use or possession of prescription products and other cessation aids that have been approved by the U. S. Department of Health and Human Services, Food and Drug Administration, such as nicotine patch or gum.

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

LABOR CODE

6404.5 Occupational safety and health: use of tobacco products

UNITED STATES CODE, TITLE 20

6083 Nonsmoking policy for children's services

7111-7117 Safe and Drug Free Schools and Communities Act

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

CDE: http://www.cde.ca.gov

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

Environmental Protection Agency: http://www.epa.gov

Policy MENIFEE UNION SCHOOL DISTRICT

adopted: May 27, 1986 Menifee, California

revised: February 13, 1990

suspended: March 9, 1993

revised: January 25, 1994

revised: April 23, 1996

revised: May 27, 2003

revised: September 23, 2003

revised: April 14, 2015