l. PURPOSE
The purpose of this policy is to maintain a learning and working environment that is tobacco-free.
II. GENERAL STATEMENTS
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 electronic cigarettes 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 that are used in whole or in part for work purposes in places of employment 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 device, or electronic cigarette 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.
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, devices, or electronic cigarettes. The school district will not promote or allow promotion of tobacco products or e-cigarettes on school property or at school-sponsored events.
III. DEFINITIONS
A. “Electronic delivery device” means any product containing or delivering nicotine, lobelia, and/or other similar substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices includes, but not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, or under another product name or descriptor. Electronic delivery device includes and 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 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 or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation or the use of electronic cigarettes, including the inhaling and exhaling of vapor from any 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 American Indian adult lights tobacco on school district property as a part of a traditional American 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 American Indian is a person who is a member of an American Indian tribe as defined under Minnesota law.
B. A violation of this policy does not occur when an adult non-student 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.
V. VAPING PREVENTION INSTRUCTION
A. The school district must provide vaping presentation 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 material 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.
VI. ENFORCEMENT
A. All individuals on school premises shall adhere to this policy. Signs will be placed at the entrance to each school district building stating that it is a tobacco-free environment.
B. Students who violate this tobacco-free policy shall be subject to school district discipline procedures. Moorhead School Board Policy 506: Student Discipline and Administrative Procedures 506.1: Discipline Procedures, 506.2: Tennessen Warning and 506.3: Notice of Suspension Form.
C. School district administrators and other school personnel who violate this tobacco-free policy shall be subject to school district discipline procedures. One verbal warning, accompanied by a written warning, shall be issued to the staff member. Further violations shall be considered insubordination and shall be dealt with accordingly, based on applicable collective bargaining agreements, if any, and Minnesota statutes.
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 administrator 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 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.
H. Tobacco Free Assistance
1. The Moorhead Area Public Schools will be proactive in tobacco-free help programs. A list of several resources will be made available for the convenience and preference of the employee.
2. Student help programs will be provided for students as outlined in Moorhead School Board Policy 553: Crisis Intervention and Student Support.
VI. DISSEMINATION OF POLICY
A. Notification will be provided indicating that Moorhead Area Public Schools are a tobacco-free environment.
B. This policy shall appear in student and employee handbooks.
C. 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. 609.685 (Sale of Tobacco to Children)
Minn. Stat. 144.411-144.417 (Minnesota Clean Indoor Air Act)
2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)
Cross References:
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 553: Crisis Intervention and Student Support
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free School
MSBA/MASA Model Policy 419 (Tobacco-Free Environment)