Policy 105

  • POLICY ON TOBACCO-FREE ENVIRONMENT

     

    I.          PURPOSE

     

    The purpose of this policy is to maintain a learning and working environment that is tobacco-free.

     

    II.         GENERAL STATEMENT OF POLICY

     

    A.     It shall be a violation of this policy for any student, teacher, administrator, other school personnel of the school district, or person to use tobacco, tobacco-related devices, or electronic cigarettes in a public school.  This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.  This prohibition includes all school district property and all off-campus school district-sponsored events.

     

    B.     It shall be a violation of this policy for any student to possess any type of tobacco, tobacco-related device, or electronic cigarette in a public school.  This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.  This prohibition includes all school district property and all off-campus school district-sponsored events.

     

    C.     The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or person who is found to have violated this policy.

     

    D.     The school district will not solicit or accept any contributions or gifts of money, curricula, materials, or equipment from companies that directly manufacture and are identified with tobacco products, devices, or electronic cigarettes. The school district will not promote or allow promotion of tobacco products or e-cigarettes on school property or at school-sponsored events.

     

    III.        TOBACCO AND TOBACCO RELATED DEVICES DEFINED

     

    A.     “Electronic cigarette” means any oral device that provides a vapor of liquid nicotine, lobelia, and/or other similar substance, and the use or inhalation of which simulates smoking. The term shall include any such devices, whether they are manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pipes, or under another product name or descriptor.

     

    B.     “Tobacco” means cigarettes and any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.

     

    C.     “Tobacco-related devices” means cigarette papers or pipes for smoking.

     

    D.     “Smoking” means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted  tobacco or plant product intended for inhalation and the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device.

     

    IV.       ENFORCEMENT

     

    A.     All individuals on school premises shall adhere to this policy.

     

    B.     Students who violate this tobacco-free policy shall be subject to school district discipline procedures.

     

    C.     School personnel who violate this tobacco-free policy shall be subject to school district discipline procedures.

     

    D.     School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota or federal law, and school district policies.

     

    E.     Persons who violate this tobacco-free policy may be referred to the building administration or other school district supervisory personnel responsible for the area or program at which the violation occurred.

     

    F.      School administrators may call the local law enforcement agency to assist with enforcement of this policy.  Smoking or use of any tobacco product in a public school is a violation of the Minnesota Clean Indoor Air Act and is a petty misdemeanor.  A court injunction may be instituted against a repeated violator.

     

    Legal References:        Minn. Stat. §114.411-144.417, (Minnesota Clean Indoor Air Act)

                                              Minn. Stat. §609.685, Subd. 1(a) and (b) (Sale of Tobacco to Children)

                                              2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)

     

    Cross References:       MSBA/MASA Model Policy 403 (Discipline, Suspension and Dismissal of School District Employees)

                                              MSBA Service Manual, Chapter 6, District Education Program (A-11:  Student Suspension, Exclusion and Expulsion) (A-12:  Student Removal from Class and Adoption of Local Discipline Policies)

                                              MSBA Service Manual, Chapter 7, School Facilities, (W:  Tobacco Products Prohibited in Public Schools)

     

     

    ADOPTED BY THE BOARD OF EDUCATION:             May 4, 1998

    REAFFIRMED BY THE BOARD OF EDUCATION:       January 6, 2003, May 19, 2008

    AMENDED BY THE BOARD OF EDUCATION: April 18, 2016