Adopted: MSBA/MASA Model Policy 419
Orig. 1995
Revised: Rev. 2023
419 TOBACCO-FREE ENVIRONMENT; POSSESSION AND USE OF TOBACCO, TOBACCO-RELATED
DEVICES, AND ELECTRONIC DELIVERY DEVICES; VAPING AWARENESS AND PREVENTION
INSTRUCTION
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. A violation
of this policy occurs when any student, teacher, administrator, other school
personnel of the school district, or person smokes or uses tobacco,
tobacco-related devices, or carries or uses an activated electronic delivery
device 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. In addition, this prohibition
includes vehicles used, in whole or in part, for work purposes, during hours of
school operation, if more than one person is present. This prohibition includes all school district
property and all off-campus events sponsored by the school district.
B. A violation
of this policy occurs when any elementary school, middle school, or secondary
school student possesses any type of tobacco, tobacco-related devices, or
electronic delivery devices 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 and includes vehicles used, in whole or in part, for school purposes,
during hours of school operation, if more than one person is present. This prohibition includes all school district
property and all off-campus events sponsored by the school district.
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.
[Note: The following language is not required by law, but is
recommended by MSBA for inclusion in 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, tobacco-related devices, or electronic delivery devices. The school district will not promote or allow
promotion of tobacco products or electronic delivery devices on school property
or at school-sponsored events.
III. DEFINITIONS
A.
“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.
B.
“Heated tobacco product” means a
tobacco product that produces aerosols containing nicotine and other chemicals
which are inhaled by users through the mouth.
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-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.
E.
“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.
F.
“Vaping” means using an activated
electronic delivery device or heated tobacco product.
IV. EXCEPTIONS
A. A violation
of this policy does not occur when an Indian adult lights tobacco on school
district property as a part of a traditional Indian spiritual or cultural
ceremony. An
American Indian student may carry a medicine pouch containing loose tobacco
intended as observance of traditional spiritual or cultural practices. An Indian is a person who is a member of an Indian tribe as
defined under Minnesota law.
B. A violation
of this policy does not occur when an adult nonstudent possesses a
tobacco or nicotine product that has been approved by the United States 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 school district.
V. VAPING
PREVENTION INSTRUCTION
A.
The school district must provide vaping
prevention instruction at least once to students in grades 6 through 8.
B.
The school district may use
instructional materials based upon the Minnesota Department of Health’s school
e-cigarette toolkit or may use other smoking prevention instructional materials
with a focus on vaping and the use of electronic delivery devices and heated
tobacco products. The instruction may be provided as part of the school
district’s locally developed health standards.
[NOTE: In addition,
school districts may choose to require (a) evidence-based vaping prevention
instruction to students in grades 9 through 12; and/or (b) a peer-to-peer
education program to provide vaping prevention instruction.]
VI. 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
district administrators and other 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/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.
VII. DISSEMINATION
OF POLICY
A. This policy
shall appear in the student handbook.
B. The school
district will develop a method of discussing this policy with students and employees.
Legal References: Minn. Stat. § 120B.238 (Vaping Awareness
and Prevention)
Minn.
Stat. §§ 144.411-144.417 (Minnesota Clean Indoor Air Act)
Minn. Stat. § 609.685 (Sale of Tobacco to Persons Under Age
21)
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/MASA Model Policy 506 (Student Discipline)