Lewisburg Area School District Policies	Printable version
223 Use of Tobacco Products 223. USE OF TOBACCO PRODUCTS The Board recognizes that tobacco use by students presents a health and safety hazard that can have serious consequences for both users and nonusers and the safety and environment of the schools. For purposes of this policy, tobacco includes a lighted or unlighted cigarette, cigar, pipe, or other lighted smoking product, and smokeless tobacco in any form. The term tobacco also includes any oral device that provides or is designed or intended to provide a vapor of nicotine and/or other substance(s). The term shall include any such devices, whether they are manufactured, distributed, marketed or sold as e-cigarettes, e-cigars, e-pipes, or under any other product name or descriptor. The Board prohibits possession, use or sale of tobacco by students at any time in a school building and on any property, buses, vans and vehicles that are owned, leased or controlled by the school district. The Board prohibits possession, use or sale of tobacco by students at school sponsored activities that are held off school property. In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies. The Superintendent or designee shall annually notify students, parents/guardians and staff about the district’s tobacco use policy in the student handbook, district website and other efficient methods. The administrator or designee may report incidents of possession, use or sale of tobacco by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies. The administrator or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use or sale of tobacco immediately, as soon as practicable. The administrator or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian. In accordance with state law, the Superintendent shall annually report all incidents of possession, use or sale of tobacco by students to the Office for Safe Schools on the required form. A student convicted of possessing or using tobacco in violation of this policy may be fined up to fifty dollars ($50) plus court costs or admitted to alternative adjudication in lieu of imposition of a fine. A student found in possession of or using tobacco on school premises shall promptly turn over the items to the District employee discovering the incident. The discovering employee shall immediately report the incident to the student's building principal for disciplinary action. The parents or guardians of a student who has violated this policy shall be notified by mail or by telephone of the child's violation of this policy and of the disciplinary action to be taken. Disciplinary Procedures: In connection with any violation, the building principal or designee shall initiate prosecution of the student (except in the instance of the first violation for elementary students). Students may be suspended for any violation of this policy including both in-school and out-of-school suspension. References: School Code – 24 P.S. Sec. 510, 1302.1-A, 1303-A State Board of Education Regulations – 22 PA Code Sec. 10.2, 10.22, 10.23, 10.25, 403.1 Sale of Tobacco – 18 Pa. C.S.A. Sec. 6305 Tobacco Use Prohibition – 18 Pa. C.S.A. Sec. 6306.1 School Tobacco Control – 35 P.S. Sec. 1223.5 Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. No Child Left Behind Act – 20 U.S.C. Sec. 7114 Pro-Children Act of 2001 – 20 U.S.C. Sec. 7181 et seq. Individuals With Disabilities Education Act, Title 34, Code of Federal Regulations – 34 CFR Part 300 Board Policy – 000, 103.1, 113.1, 113.2, 805.1