Policy - ADC

POLICY: ADC

EFFECTIVE DATE: 3-6-24

CANCELS SHEET DATED: 5-4-22

REVIEWED BY POLICY COMMITTEE: 1-17/24

TOBACCO-FREE SCHOOLS:  USE AND POSSESSION OF TOBACCO AND 

ELECTRONIC SMOKING DEVICES

The RSU #74 Board recognizes that research shows tobacco is the leading cause of preventable disease and death in Maine and the United States, for both users and those exposed to second-hand smoke. The RSU #74 Board is aware that a growing body of evidence suggests the chemicals present in the aerosols (“vapor”) produced by electronic smoking devices, may pose significant long-term risks to health, including the risk of addiction to nicotine.

The RSU #74 Board is committed to providing a safe and healthy environment for students, staff, and visitors to the schools, including members of the community who use school facilities for recreational and other purposes.

 In maintaining compliance with applicable state and federal laws, all persons are prohibited from smoking and tobacco use in school buildings, on any school grounds (including parking lots), on school buses and school-owned or leased vehicles, and at all school sponsored events not needed.

DEFINITIONS:

For the purpose of this policy:

“Tobacco use” means smoking, carrying or possessing of a tobacco product (22 MRSA § 1578-B (1)(D)).

“Smoking” includes carrying or possessing a lighted or heated cigarette, cigar, pipe, or heated tobacco plant product intended for human consumption through inhalation whether natural or synthetic in any manner or any form. “Smoking” includes the use of an electronic smoking device (22 MRSA § 1541 (6)).

“Tobacco product” means any product that is made from or derived from tobacco, contains nicotine, and is intended for human consumption or is likely to be consumed. This includes but not limited to a cigar, hookah, pipe tobacco, chewing tobacco, snuff or snus. “Tobacco product” also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes and liquids used in electronic smoking devices whether or not they contain nicotine (22 MRSA § 1551 (3)).

All persons are prohibited from selling, distributing, or dispensing tobacco products to students in school buildings, on school grounds or at school-sponsored events.

CONSEQUENCES FOR VIOLATION

STUDENTS:

The superintendent/designee(s) are responsible for developing age-appropriate disciplinary guidelines for students violating this policy and for employing strategies, as practical, to address prevention, education, and information about community programs for cessation assistance.

The superintendent or his/her designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as he/she deems necessary. However, the superintendent/designee shall refer to a law enforcement agency when any student is reasonably suspected of selling, dispensing or distributing tobacco products or vaping devices/products.

Parents/guardians must be notified of all violations involving their student and action taken by the school.

STAFF:

School unit employees who violate this policy are subject to appropriate disciplinary measures up to and including dismissal.

Any school unit employee suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to a law enforcement agency.

OTHER PERSONS IN VIOLATION:

All other persons violating this policy, including parents, vendors/contractors, spectators and other visitors shall be asked to refrain from use and reminded of the RSU #74 Board’s policy. Persons who do not comply, must leave school grounds. Failure to leave school grounds is treated as trespassing and law enforcement personnel shall be contacted.

Persons suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to an appropriate law enforcement agency.

RESPONSIBILITY FOR ENFORCEMENT

The building principal/designee is responsible for enforcing this policy at the school level.

NOTICE

Notice of this policy and disciplinary consequences for violations is posted on the school unit’s website and is included in the student code of conduct and/or student handbooks and in the annual employee communications.

Parents/guardians shall be notified in writing of the RSU #74 Board’s policy at the beginning of the school year.

“Tobacco-free campus” signage is posted in highly visible areas at entrances and on school grounds, including entrances to athletic facilities.

EDUCATION

Age-appropriate tobacco/”vaping” prevention and awareness instruction is incorporated into the school unit’s health curriculum. This is in alignment with Maine’s System of Learning Results and in support of the school unit’s wellness policy goals to educate students about the dangers of tobacco and vapor products and to encourage a tobacco and “vape-free” lifestyle.

As feasible, information regarding treatment and cessation resources are made available to students and school unit employees who want to quit. 

ADVERTISING OF TOBACCO PRODUCTS

Advertising of tobacco products is prohibited in school buildings, on school property, and in school publications.

Legal references: 22 MRSA §§ 1578(A)(3)

                     Me. PL 470 (An Act to Reduce Tobacco Use by Minors)

                     20 USC 6081-6084 (Pro-Children Act of 1994)

Cross Reference:  JICA – Student Dress

                     JL – Student Wellness

                     KF – Community Use of School Facilities

                     KHB – Advertising in the Schools.