Tobacco-Free Schools
Regulation 3513.3: Tobacco-Free Schools - Status: ADOPTED
Original Adopted Date: 11/08/2016
Notifications
Information about the district's tobacco-free schools policy and enforcement procedures shall be communicated clearly to employees, parents/guardians, students, and the community. (Health and Safety Code 104420)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
(cf. 5145.6 - Parental Notifications)
The Superintendent or designee may disseminate this information through annual written notifications, district and school web sites, student and parent handbooks, and/or other appropriate methods of communication.
(cf. 1113 - District and School Web Sites)
The Superintendent or designee shall ensure that signs stating "Tobacco use is prohibited" are prominently displayed at all entrances to school property. (Health and Safety Code 104420, 104559)
Enforcement/Discipline
Any employee or student who violates the district's tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate.
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Any other person who violates the district's policy on tobacco-free schools shall be informed of the district's policy and asked to refrain from smoking. If the person fails to comply with this request, the Superintendent or designee may:
- Direct the person to leave school property
- Request local law enforcement assistance in removing the person from school premises
- If the person repeatedly violates the tobacco-free schools policy, prohibit him/her from entering district property for a specified period of time.
The Superintendent or designee shall not be required to physically eject a nonemployee who is smoking or to request that the nonemployee refrain from smoking under circumstances involving a risk of physical harm to the district or any employee. (Labor Code 6404.5)
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
| State | Description |
|---|---|
| Bus. Code 22950.5 | Stop Tobacco Access to Kids Enforcement Act - Definitions |
| Ed. Code 48900 | Grounds for suspension or expulsion |
| Ed. Code 48901 | Smoking or use of tobacco prohibited |
| H&S Code 104350-104495 | Tobacco-use prevention education |
| H&S Code 104495 | Prohibition of smoking and tobacco waste on playgrounds |
| H&S Code 104559 | Tobacco use prohibition |
| H&S Code 119405 | Unlawful to sell or furnish electronic cigarettes to minors |
| H&S Code 39002 | Control of air pollution from nonvehicular sources |
| Lab. Code 3300 | Definition of employer |
| Lab. Code 6304 | Safe and healthful workplace |
| Lab. Code 6404.5 | Occupational safety and health; use of tobacco products |
| Federal | Description |
|---|---|
| 20 USC 6083 | Nonsmoking policy for children's services |
| 20 USC 7111-7122 | Student support and academic enrichment grants |
| 21 CFR 1140.1-1140.34 | Unlawful sale of cigarettes and smokeless tobacco to minors |
| Management Resources | Description |
|---|---|
| PERB Ruling | CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School District (1989) PERB Order #750 (13 PERC 20147) |
| PERB Ruling | Eureka Teachers Assn. v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168) |
| Website | |
| Website |
California Department of Education, Tobacco-Free School District Certification |
| Website | |
| Website | California Department of Education, Alcohol, Tobacco and Other Drug Prevention |
| Website |