105 Policy: Tobacco-Free Environment

I. PURPOSE

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

A. The school board believes that accepting tobacco industry gifts or materials will send an inconsistent message to students, staff, and visitors. RPS will not accept funding, donations, or materials from the tobacco industry or electronic cigarette industry.  Any exceptions to this practice will be determined by RPS leadership and will only be utilized for efforts related to anti-tobacco initiatives. 

B. The school board recognizes that the use of tobacco products is a health, safety, and environmental hazard for students, staff, visitors, and school facilities. The board is acutely aware of the serious health risks associated with the use of tobacco products, both to users and non-users. The board believes that the use or promotion of tobacco products on school grounds and at off-campus school-sponsored events is detrimental to the health and safety of students, staff, and visitors. 

C. The board acknowledges that adult staff and visitors serve as role models for students. The board embraces its obligation to promote positive role models in schools, and to provide an environment for learning and working that is safe, healthy, and free from unwanted smoke and tobacco use for the students, staff, and visitors. Therefore, the board has provided the following tobacco-free policy.

II. GENERAL STATEMENT OF POLICY 

A. It shall be a violation of this policy for any student, teacher, administrator, other school personnel of Richfield Public Schools, or any other person to use tobacco, tobacco-related devices, or use or carry an electronic delivery device in a public school. This prohibition extends to all individuals on school grounds. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a District owns, leases, rents, contracts for, or controls.  This prohibition includes all District property and all off-campus events sponsored by the District.

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

C. It shall be a violation of this policy for any person to promote, or for Richfield Public Schools to promote or allow promotion of tobacco products, tobacco-related devices, or electronic delivery devices on the school property or at off-campus, school-sponsored events. This includes promotion of these products via gear, bags, clothing, any personal articles, signs, structures, vehicles, flyers or any other materials.

D.   The District will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or person found to have violated this policy. Enforcement of this policy includes all individuals on school grounds.

III. DEFINITIONS

A. “Electronic cigarette industry” means manufacturers, distributors or wholesalers of e-cigarettes.  This includes parent companies and subsidiaries.

B. “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol or vapor from the product.  Electronic delivery devices includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.  Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

C. “Tobacco” means cigarettes and any product 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, including, but not limited to, 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. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

D. “Tobacco industry” means manufacturers, distributors or wholesalers of tobacco products. This includes parent companies and subsidiaries.

E. “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors aerosol or vapor of tobacco or tobacco products.  Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.

F. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.  Smoking includes carrying or using an activated electronic delivery device.

G. “Vaping” means using an activated electronic delivery device or heated tobacco product.

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 District discipline procedures as outlined in Policy 541: Student Behavior.

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

D. 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 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/or the Freedom to Breathe Act of 2007 and is a petty misdemeanor.  A court injunction may be instituted against a repeated violator.

G. No persons shall be discharged, refused to be hired, penalized, discriminated against, or in any manner retaliated against for exercising any right to a smoke-free environment provided by the Freedom to Breathe Act of 2007 or other law.

V. EXCEPTIONS

A. It shall not be a violation of this policy for an adult Native American to use tobacco as part of a traditional Native American spiritual or cultural ceremony. A Native American student may carry a medicine pouch containing loose tobacco intended as observance of traditional spiritual or cultural practices. A Native American is a person who is a member of an Indian tribe or a descendent of a member.

B. It shall not be a violation of this policy for tobacco products, tobacco-related devices, imitation tobacco products, lighters, or electronic delivery devices to be included in instructional or work-related activities in Richfield Public Schools buildings if the activity is conducted by a staff member or an approved visitor and the activity does not include smoking, chewing, vaping, or otherwise ingesting the product.

C. It shall not be a violation of this policy to use a product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Nothing in this exception authorizes smoking or use of tobacco, tobacco-related devices, or electronic delivery devices on school property or at off-campus events sponsored by the District.

VI. VAPING PREVENTION INSTRUCTION

The District provides vaping prevention instruction at least once to all students during middle school and at least once during high school.

VII. DISSEMINATION OF POLICY 

Appropriate signage shall be posted throughout the District at building entrances and other highly visible locations on all school buildings, building entrances, vehicles, vehicular entrances to school grounds, and all indoor and outdoor athletic facilities indicating that Richfield Public Schools requires a tobacco-free environment. 

A. The school shall notify students and parents/guardians of this policy through student handbooks.

B. The District shall provide notice of this policy through the District website.

C. The school or District shall make tobacco-free reminder announcements at school events at appropriate intervals throughout the events, when possible.

 

Legal References: 

Minn. Stat. § 120B.238 (Vaping Awareness and Prevention)

Minn. Stat. § 114.411-144.417 (Minnesota Clean Indoor Air Act)

Minn. Stat. § 609.685 (Sale of Tobacco to Children)

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

 

Cross References:

Board Policy 104: Drug-Free Workplace/Drug-Free School

Board Policy 110: Chemical Use/Abuse

Board Policy 413: Staff Use of School Facilities

Board Policy 541: Student Behavior

Board Policy 979: Community Use of School Facilities and Grounds

 

RATIFIED BY THE BOARD OF EDUCATION: May 4, 1998

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

REVISED BY THE BOARD OF EDUCATION: April 18, 2016; September 16, 2019; March 18, 2024