Board of Education Policy 5640: Smoking/Tobacco Use

Series 5000 Non-instructional/Business Operations

School Grounds

Tobacco use shall not be permitted and no person shall use tobacco on school grounds or within one hundred (100) feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary schools. However, this shall not apply to smoking in a residence, or within the real property boundary lines of such residential real property. For purposes of this policy, “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 all District vehicles, including vehicles used to transport children or school personnel.

Tobacco incudes e-cigarettes and vapor products that contain nicotine but does not include current FDA-approved smoking cessation products.

Off-School Grounds

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

Posting/Notification of Policy

In compliance with the New York State Clean Indoor Air Act, the District will prominently post its Smoking/Tobacco Use policy and signs prohibiting all forms of tobacco products in District buildings and other appropriate locations; and will supply a copy upon request to any current or prospective employee. The District will also designate a school official to tell individuals who smoke in a non- smoking area that they are in violation of the New York State Public Health Law, Education Law, the federal Pro-Children Act of 1994 and District policy.

The District shall also ensure that this policy is communicated to staff, students, parents/guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District’s “No Smoking” Policy and environment.

Prohibition of Tobacco Promotional Items/Tobacco Advertising
Tobacco promotional items (e.g., brand names, logos and other identifiers) are prohibited:

a) On school grounds;

b) In school vehicles;

c) At school sponsored events, including those that take place off school premises and in another state;

d) In school publications;

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

This prohibition of tobacco promotional items shall be implemented in accordance with the Code of Conduct and applicable collective bargaining agreements.

In addition, tobacco advertising is also prohibited in all school sponsored publications and at all school sponsored events. The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.

Safe and Drug-Free Schools and Communities Act, 20 USC Section 7101 et seq.

Pro-Children Act of 2001, as amended by the No Child Left Behind Act of 2001, 20 USC Sections 7181-7184

Education Law Sections 409, 2801(1) and 3020-a Public Health Law Article 13-E

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

#3410 — Code of Conduct on School Property

#7320 — Alcohol, Tobacco, Drugs, and Other Substances (Students)

District Code of Conduct

Adopted October 17, 2016