Tobacco-Free Schools

Regulation 3513.3: Tobacco-Free Schools - Status: ADOPTED

Original Adopted Date: 11/08/2016


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)


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:

  1. Direct the person to leave school property
  2. Request local law enforcement assistance in removing the person from school premises
  3. 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)

CSBA District and County Office of Education Legal Services


California Department of Education, Tobacco-Free School District Certification


Occupational Safety and Health Standards Board

Website California Department of Education, Alcohol, Tobacco and Other Drug Prevention

U.S. Environmental Protection Agency

Cross References

Code Description
0450 Comprehensive Safety Plan
0450 Comprehensive Safety Plan

District And School Web Sites

1113 District And School Web Sites
1113-E(1) District And School Web Sites


1250 Visitors/Outsiders

Use Of School Facilities


Use Of School Facilities

1330-E PDF(1) Use Of School Facilities

Joint Use Agreements


Drug And Alcohol Free Schools

3515.2 Disruptions
3515.2 Disruptions
3516 Emergencies And Disaster Preparedness Plan
3516 Emergencies And Disaster Preparedness Plan

Employee Notifications

4112.9-E PDF(2) Employee Notifications
4112.9-E PDF(3) Employee Notifications
4118 Dismissal/Suspension/Disciplinary Action
4118 Dismissal/Suspension/Disciplinary Action
4119.21 Professional Standards
4119.21-E PDF(1) Professional Standards
4212.9 Employee Notifications
4212.9-E PDF(2)

Employee Notifications

4212.9-E PDF(3) Employee Notifications
4218 Dismissal/Suspension/Disciplinary Action
4218 Dismissal/Suspension/Disciplinary Action
4219.21 Professional Standards
4219.21-E PDF(1) Professional Standards - Employment Responsibilities

Employee Notifications

4312.9-E PDF(2)

Employee Notifications

4312.9-E PDF(3)

Employee Notifications

4319.21 Professional Standards
4319.21-E PDF(1)

Professional Standards

5030 Student Wellness
5030 Student Wellness
5131.62 Tobacco
5131.62 Tobacco
5141.23 Asthma Management
5141.23 Asthma Management
5144 Discipline
5144 Discipline
5144.1 Suspension And Expulsion/Due Process
5144.1 Suspension And Expulsion/Due Process

Parent/Guardian Notifications

5145.6-E PDF(2) Parent/Guardian Notifications
5145.6-E PDF(3) Parent/Guardian Notifications

Comprehensive Health Education

6142.8 Comprehensive Health Education
6143 Courses Of Study
6143 Courses Of Study