3215 – SMOKING AND TOBACCO-FREE ENVIRONMENT

1. PURPOSE
    
   1. The School Board of Brevard County, Florida recognizes that the use of commercial and/or other tobacco products, including electronic nicotine delivery systems/devices, is a health, safety, and environmental hazard for students, employees, parent/legal guardians, visitors, and school facilities. The Board is committed to providing students, staff, and visitors with a smoking and tobacco-free environment on school property and at off-campus, school-sponsored events.
   2. The Board is acutely aware of the serious health risks associated with the use of tobacco products, including electronic nicotine delivery systems/devices, to users and non-users. The Board believes that the use, possession of, or promotion of commercial tobacco products, including electronic nicotine delivery systems/devices, on school grounds, and in all facilities owned, leased, or contracted for by the Board (including, but not limited to, practice fields, playgrounds, football fields, baseball fields, softball fields, pool areas, soccer fields, tennis courts, and all open areas) is detrimental to the health and safety of students, employees, and visitors.
   3. The negative health effects of tobacco use for both users and nonusers, particularly in connection with secondhand smoke, are well established. Further, the Board recognizes that adult staff and visitors serve as role models for students.  The Board embraces its obligation to promote positive role models in schools and to provide an environment for learning and working that is safe, healthy, and free from unwanted smoke or aerosol and other tobacco use for the students, staff and visitors. 
   4. The Board also believes accepting gifts or materials from the tobacco industry will send an inconsistent message to students, employees, and visitors. 
   5. As tobacco products contain nicotine and other ingredients to increase their appeal, and as electronic smoking devices may contain nicotine or other natural synthetic addictive substances, procedures to address student violations of this policy will be applied in a direct and consistent manner, emphasizing the equitable and non-discriminatory use of supportive disciplinary practices that focus on recovery and reduction of tobacco product addiction and dependence.
   6. The chemical composition of electronic smoking devices may be unknown without laboratory testing, thus all violations involving electronic smoking devices will be addressed by this policy unless other objective evidence (e.g., other drug paraphernalia is present or packaging includes images or language indicating the presence of THC) supports laboratory testing and the results from such laboratory testing indicate the violation should be addressed by district policies on the use of other drugs.
   7. Smoking and other uses of tobacco products pose a significant contributor to overall health, medical issues, and death of known users of tobacco products. Thus, the purpose of this policy is to establish that the Board and the District maintains a smoking and tobacco-free environment and to provide for notification to the District employees, students, and the public.
2. APPLICABILITY OF POLICY
   
   This policy applies to students, employees, volunteers, parent/legal guardians, spectators, and visitors while on District-owned property or District or school-sponsored events or activities. Furthermore, the Board prohibits the use of tobacco in all vehicles owned or operated by the Board, including, but not limited to, school buses, vans, trucks, station wagons, golf carts, and cars.
3. DEFINITIONS
   
   For the purposes of this policy, the following definitions shall apply:
    
   1. “At any time” means during normal school and non-school hours: twenty-four (24) hours a day, seven (7) days a week, 365 days a year.
   2. “Electronic smoking device” means any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. “Electronic smoking device” includes but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, or similar devices.  “Electronic smoking device” also includes any component part of a product, whether or not marketed or sold separately, including but not limited to pods, e-liquids, e-juice, cartridges, or other vaping supplies.
   3. “Imitation tobacco product” means any edible non-tobacco product designed to resemble a tobacco product, or any non-edible non-tobacco product designed to resemble a tobacco product and intended to be used by children as a toy. “Imitation tobacco product” includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, pouches containing flavored substances packaged similar to snuff, and shredded beef jerky in containers resembling snuff tins.
   4. “Tobacco product” means any product containing, made, or derived from tobacco or that contains nicotine, whether synthetic or natural, 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: electronic smoking devices, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or any other matter or substances that contain tobacco, in addition to papers used to roll cigarettes.
   5. “School property” means all facilities and property, including land, whether owned, rented, or leased by the Board, and also includes all vehicles owned, leased, rented, contracted for, or controlled by the Board and used for transporting students, staff, or visitors.
   6. “Off-campus” or “school-sponsored events” is defined as any event sponsored by the school or school district that is not on school property, including, but not limited to, sporting events, day camps, field trips, seminars, dances, or theatrical productions.
4. POLICY STATEMENT
    
   1. Students are prohibited from possessing, using, consuming, displaying or selling any tobacco products, tobacco-related devices, electronic smoking devices, imitation tobacco products, lighters, or matches at any time on school property or at any off-campus, school-sponsored event.
   2. Administrators, staff, or visitors are prohibited from using, consuming, displaying, activating, or selling any tobacco products, tobacco related devices, imitation tobacco products, lighters, or matches at any time on school property or at any off campus, school-sponsored events. This includes products or paraphernalia displaying tobacco industry brands. This policy applies to:
       
      1. any building, facility, and or any vehicle owned, leased, or rented, contracted for, or controlled by the Board and used for transporting students, staff, or visitors. 
      2. any school grounds and property, including all schools, district offices, athletic fields, practice fields, playgrounds, parking lot, administrative offices, maintenance, transportation areas, etc., owned, leased, rented, or chartered by the District; and/or
      3. at any off-campus, district, or school-sponsored event.
   3. It is a violation of this policy for administrators or staff to solicit or accept any contributions, gifts, money, curricula, or materials from the tobacco industry.  This includes, but is not limited to, donations, monies for sponsorship, advertising, alleged educational materials, promotions, loans, scholarships, or support for equipment, uniforms, and sports and/or training facilities.  It is also a violation of this policy to participate in any type of service funded by the tobacco industry while in the scope of employment for the Board.
   4. It is a violation of this policy for any person to promote tobacco products on the school property or at off-campus, school-sponsored events via the display of images of tobacco products on gear, technology accessories, bags, clothing, any personal articles, signs, structures, vehicles, flyers, or any other material.
5. EXCEPTIONS
    
   1. It shall not be a violation of this policy for tobacco products, tobacco-related devices, imitation tobacco products, lighters, or matches to be included in an instructional or work-related activity school buildings if the activity is conducted by an employee or an approved visitor and the activity does not include smoking, chewing, or otherwise ingesting the product. 
   2. It is allowable for employees or adult visitors to possess or use a product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation, or as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
6. NOTIFICATION OF POLICY AND IMPLEMENTATION
   
   "No Tobacco" signs will be posted throughout the District. Students will be provided notice of this policy through the Code of Student Conduct, and notice that it is illegal under Federal law for any person, student, or visitor, not of the age of twenty-one (21), to possess, purchase, or attempt to purchase on school property tobacco products and/or anything defined in this policy.
7. TOBACCO PROMOTION PROHIBITED
    
   1. Tobacco advertising and promotion is prohibited on school grounds, in all school-sponsored publications, on District vehicles and buses, and at all school-sponsored events. Tobacco promotional items that promote the use of tobacco products, including but not limited to, clothing, bags, lighters, matches and other tobacco articles are not permitted on school grounds, in school-sponsored publications, in school vehicles or at school-sponsored events.
   2. It shall be a violation of this policy for the Board to solicit or accept any contributions, gifts, money, curricula, or materials from the tobacco industry or from any tobacco products shop. This includes, but is not limited to, donations, monies for sponsorship, advertising, alleged educational materials, promotions, loans, scholarships, or support for equipment, uniforms, and sports and/or training facilities. It shall also be a violation of this policy to participate in any type of service funded by the tobacco industry while in the scope of employment for the District. 
8. EDUCATIONAL AND CESSATION PROGRAMS
    
   1. Prevention Education for Students. The principal or designee will consult with Student Services, Leading and Learning, and other appropriate health organizations to identify and provide programs or opportunities for students to gain a greater understanding of the health hazards of tobacco use and the impact of tobacco use as it relates to providing a safe, orderly, clean, and inviting school environment. The principal or designee will ensure that students in grades K-12 receive tobacco prevention education using sequential, age appropriate, current, accurate, evidenced-based curricula and a skills-based approach (involving students in active “hands on” learning experiences), at least once (1) per year. The curricula for this instruction will not be paid for or developed by the tobacco industry or its subsidiaries.
   2. Cessation Support Programs. The principal or designee will consult with the District Employee Wellness and Student Services, the Brevard County Health Department, the American Cancer Society, the American Lung Association, and other appropriate health organizations to provide employees and students with information and access to support systems, tobacco use cessation programs, and services to encourage them to abstain from the use of tobacco products.
9. RESPONSIBILITY OF ADMINISTRATORS
   
   It is the responsibility of District and School Administrators to:
    
   1. Communicate this policy to students, employees, family members, volunteers, and visitors through signage, and Code of Student Conduct.
   2. Treat violators who are students or employees with disciplinary actions consistent with Board Policies.
   3. Ensure that family members, volunteers, or visitors who violate this policy discontinue using the tobacco product or electronic cigarette or leave the premises. Law enforcement officers may be contacted to escort the violator off the premises or cite the violator for trespassing if the person refuses to leave the school property.
   4. Include the prohibition as provided in this policy in contracts with outside groups who use the school buildings and other facilities.
10. ENFORCEMENT
    
    The success of this policy depends upon the thoughtfulness, consideration and cooperation of the entire school community.  All individuals on school premises, including students, staff, administrators, and visitors are responsible for adhering to and enforcing this policy.  Members of the school community are encouraged to communicate this policy with courtesy and diplomacy. Any person acting in violation of this policy will be informed or reminded of the policy and asked to comply.
     
    1. Students
        
       1. Consequences for students engaging in the prohibited behavior will be provided in accordance with the Code of Student Conduct.
       2. Students who violate this policy may be referred to the school counselor, a school nurse, or other health or counseling services for health information, counseling, and referral for additional services or programs.
       3. Administration may offer violators an Alternative to Suspension (ATS) to include, but not limited to corrective strategies, such as referrals to local youth tobacco cessation programs and/or other services.
       4. Parents/Legal guardians will be notified of all violations and actions taken by the school.
    2. Employees
        
       1. Consequences for employees who violate this policy will be in accordance with the District’s employee policies or any applicable collective bargaining agreement.
11. PROGRAM EVALUATION
    
    This smoking and tobacco-free policy shall be assessed by the school district or its designee evaluator at regular intervals, at least once every three (3) years, to determine whether policies, policy enforcement, communication, education, employee training, and cessation programs are effective. Policies and programs shall be updated and revised accordingly.

Revised 12/9/03
Technical 1/17/08
Revised 10/28/14
Revised 5/25/21
Revised 2/8/22
Reviewed 4/25/23

© Neola 2021
© Brevard County Public Schools 2023