The Governing Board 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)
In accordance with state and federal law, smoking is prohibited in all enclosed district facilities and vehicles. (Labor Code 6404.5; 20 USC 6083)
Employees and visitors may smoke outside on school or district grounds, except in those areas designated as nonsmoking or otherwise prohibited by law.
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)
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
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 NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 8, 2009 Costa Mesa, California