Board of Education Policy 5640: Smoking/Tobacco Use

Series 5000 Non-instructional/Business Operations

School Grounds

The use of tobacco products is prohibited on school grounds. Smoking and vaping are prohibited on school grounds and within 100 feet of the entrances, exits, or outdoor areas of any of the District’s schools. In addition, the use of tobacco products, smoking, and vaping are prohibited at any school-sponsored event or activity that occurs off school grounds, including those taking place in another state.

For purposes of this policy, the following definitions apply:

a) Tobacco products mean one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water, or any other tobacco products.

b) Smoking means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance containing tobacco.

c) Vaping means the use of an electronic cigarette.

d) Electronic cigarette (or e-cigarette) means an electronic device delivering vapor inhaled by an individual user, and includes any refill, cartridge, and any other component of such a device.

e) School grounds means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District’s preschool, nursery school, elementary, or secondary school’s legally defined property boundaries as registered in the County Clerk’s Office, as well as any vehicles used to transport children or school personnel.

This policy does not apply to smoking or vaping in a residence, or within the real property boundary lines of residential real property

Prohibition of Tobacco Promotional Items/Tobacco Advertising

Tobacco use is prohibited by students at any school sponsored event or activity off school grounds.

Tobacco promotional items (e.g., brand names, logos, and other identifiers) are prohibited:

a) On school grounds;

b) In any vehicles used to transport students or school personnel;

c) At school-sponsored events or activities, including those that take place off school grounds, including in another state;

d) In school publications;

e) On clothing, shoes, accessories, gear, and school supplies in accordance with the District’s Code of Conduct and applicable collective bargaining agreements

This prohibition of tobacco promotional items will be enforced in accordance with the District’s Code of Conduct and applicable collective bargaining agreements.

The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.

20 USC §§ 6081-6084, 7971-7974

Education Law § 409

Public Health Law §§ 1399-n, 1399-o, 1399-p and 1399-aa

8 NYCRR §§ 155.5, 156.3

NOTE:      Refer also to Policies  #3280 — Use of School Facilities, Materials and Equipment

#7320 — Alcohol, Tobacco, Drugs, and Other Substances

District Code of Conduct

Adopted October 17, 2016, Updated January 14, 2020