5131.62 – Student – Student Activities – Tobacco

Policy – x
Regulation –
Exhibit –

Adopted – 11/6/1997
Revised – 5/1/2014
The Board of Education recognizes that tobacco use presents serious health risks and desires to provide support and assistance in the prevention and intervention of tobacco use among youth.
(cf. 5131.6 – Alcohol and Other Drugs)
Consistent with the Education Code, the District’s Governing Board considers the possession, use or distribution of any form of tobacco or nicotine product on District premises or during school related activities harmful, and such conduct is strictly prohibited. (Education Code 48901)

The District defines “tobacco and nicotine products” as, but not limited to, a lighted or unlighted cigarette, cigar, pipe or other smoking product or material, smokeless tobacco in any form, snuff, chew, clove cigarettes, electronic nicotine delivery systems and electronic cigarettes. “Electronic nicotine delivery systems and electronic cigarettes” are defined as battery-operated or other electronic products designed to deliver nicotine, flavor, and other chemicals by turning the substance into a vapor that is inhaled by the user, including, but not limited to electronic vaping devices, personal vaporizers, digital vapor devices, electronic nicotine delivery systems, and hookah pens. (Education Code 48901)

Students determined to have used or to be in possession of tobacco or nicotine products at school or school related activities may be subject to discipline under District policy, Education Code 48900(h), and/or other applicable laws. Students determined to have used or to be in possession of products at school or school related activities that can be used to consume and/or use tobacco or nicotine products, including but not limited to “electronic cigarettes” as defined above, but which do not contain tobacco, nicotine, or any other controlled substance, may be subject to discipline under District policy, Education Code 48900(k), and/or other applicable laws.
(cf. 3513.3 – Tobacco-Free Schools)
(cf. 5144 – Discipline)
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 5144.2 – Suspension and Expulsion/Due Process (Students with Disabilities))
The district’s comprehensive prevention/intervention program shall be based on an ongoing assessment of objective data regarding tobacco use in the schools and community and on research identifying strategies that have proven effective in preventing or reducing tobacco use among youth. The program shall be designed to meet a set of measurable goals and objectives and shall be periodically evaluated to assess progress.
(cf. 0500 – Accountability)
The district shall provide developmentally appropriate tobacco use prevention instruction for students in grades kindergarten through 12.
(cf. 6142.8 – Comprehensive Health Education)
(cf. 6143 – Courses of Study)
The Superintendent or designee also may provide students with counseling and other support services to assist in the prevention or reduction of tobacco use.
(cf. 6164.2 – Guidance/Counseling Services)
Because of the additional health risks of tobacco use for prenatal development, the district shall provide outreach, motivational and other support services to prevent or reduce tobacco use among pregnant and parenting minors.
(cf. 5146 – Married/Pregnant/Parenting Students)
Information about smoking cessation programs shall be made available and encouraged for students and staff. (Health and Safety Code 104420)
(cf. 4159/4259/4359 – Employee Assistance Programs)
The Superintendent or designee shall coordinate prevention and cessation efforts with the local health department, other local agencies and community organizations and shall involve students, parents/guardians, families and the community in support of school-based programs.
(cf. 1020 – Youth Services)
(cf. 1400 – Relations Between Other Governmental Agencies and the Schools)

EDUCATION CODE
48900 Suspension or expulsion (grounds)
48900.5 Suspension, limitation on imposition; exception
48901 Smoking or use of tobacco prohibited
51202 Instruction in personal and public health and safety
60041 Instructional materials, portrayal of effects of tobacco use
HEALTH AND SAFETY CODE
104350-104495 Tobacco-use prevention education
119405 Unlawful to sell or furnish electronic cigarettes to minors
PENAL CODE
308 Minimum age for tobacco possession
CODE OF REGULATIONS, TITLE 17
6800 Definition, health assessment
6844-6847 Child Health and Disability Prevention program; health assessments
UNITED STATES CODE, TITLE 20
7111-7117 Safe and Drug-Free Schools and Communities Act
CODE OF FEDERAL REGULATIONS, TITLE 21
1140.1-1140.34 Unlawful sale of cigarettes and smokeless tobacco to minors
ATTORNEY GENERAL OPINIONS
88 Ops.Cal.Atty.Gen. 8 (2005)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008
Health Framework for California Public Schools: Kindergarten Through Grade Twelve, 2003
Getting Results: Part II California Action Guide to Tobacco Use Prevention Education, 2000
WEST ED PUBLICATIONS
Guidebook for the California Healthy Kids Survey
WEB SITES
CSBA: http://www.csba.org
California Department of Education, Tobacco-Use Prevention Education: http://www.cde.ca.gov/ls/he/at/tupe.asp
California Department of Public Health, Tobacco Control: http://www.cdph.ca.gov/programs/tobacco
California Healthy Kids Resource Center: http://www.californiahealthykids.org
California Healthy Kids Survey: http://www.wested.org/hks
Centers for Disease Control and Prevention, Smoking and Tobacco Use: http://www.cdc.gov/tobacco
U.S. Department of Education: http://www.ed.gov
U.S. Surgeon General: http://www.surgeongeneral.gov
CSBA Date – 10/94

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