K-12 School Tobacco-Free Model Policy

Purpose

The [District Name] School District is committed to providing a healthy and safe environment for students, staff, and citizens. The [District Name] School Board acknowledges that adult staff and visitors serve as role models for students and embraces its obligation to provide learning and working environments that are safe, healthy and free from unwanted smoke and commercial tobacco use on all district property and during all school-sponsored activities.

Definitions

1. Smoke or Smoking: inhaling, exhaling, burning, operating, or carrying any Tobacco Product (lighted or heated) containing, made, or derived from nicotine, tobacco, or other plant, whether natural or synthetic, that is intended for inhalation. Smoke or Smoking also includes carrying or using an electronic smoking device.
2. Tobacco Product: any product made or derived from tobacco or that contains nicotine, whether natural or synthetic, 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: cigarettes; electronic smoking devices; cigars; little cigars; snuff; snus; bidis; dip; chewing tobacco; and other kinds and forms of tobacco. Tobacco Product also includes vapor products. Tobacco Product does not include traditional tobacco.
3. Electronic smoking device: any device 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, mods, tank systems, or under any other product name or descriptor. Electronic smoking device includes any component part of a product, whether or not marketed or sold separately, including but not limited to e-liquids, e-juice, cartridges, or pods.
4. Nicotine Analog Product: Any chemically engineered product designed for human use that contains compounds structurally similar to nicotine, including its derivatives or metabolites.
5. Traditional tobacco (Ċanśaśa): The cuttings or shavings of plants in their natural form including but not limited to red willow bark, sage, and sweet grass. Traditional tobacco has no additives and is used for medicinal purposes, ceremony, prayer, and social gatherings.
6. [Facility] Property: includes all facilities and property, including land, whether owned, rented, or leased by [District/school/facility name], and all vehicles owned, leased, rented, contracted for, or controlled by [district/school/facility name] used for transporting students, staff, or visitors. but is not limited to [locations].
7. Off-campus, school-sponsored event: 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, dances, or theatrical productions.

*Definitions found in this policy closely resemble the South Dakota State Law.

Policy

The [District Name] School District buildings and grounds are 100% tobacco-free at all times, for all persons, without exception. Use of any type of tobacco is prohibited on or in district parking lots, in district-owned vehicles or in any personal vehicles on the [District Name] School District property. All persons are prohibited from using tobacco at Off-campus, school-sponsored events, which may occur either before, during or after regular school hours. Students are also prohibited from possessing any type of tobacco. Students and staff are prohibited from promoting tobacco through the use or display of tobacco-related materials such as clothing, hats, backpacks and other items promoting tobacco or vaping products.

Exceptions

1. In respect for the traditional use of tobacco by American Indian people, traditional tobacco use will be the exclusive exception to this policy. A person may possess or provide traditional tobacco, related devices, or lighters to any other person as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. Traditional tobacco use for events must be approved prior to usage by the [school administrator/School Board].
   1. Grounds for denial of traditional tobacco use at an event should be applied sparingly and only in exceptional circumstances. School administrators or the School Board should carefully evaluate the situation to ensure that such decisions are made with consideration of both the cultural significance of the event and the well-being of those involved.
2. It shall not be a violation of this policy for a non-student 18+ years old, or an individual under 18 years of age with a medical professionals prescription, to use or possess a product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product, tobacco dependence product, or other medical purposes.

Enforcement

All individuals on school premises, including students, staff, administrators, and visitors are responsible for adhering to and enforcing this policy. Any person acting in violation of this policy will be informed or reminded of the policy and asked to comply.

District administration, including school superintendent and principal(s), will oversee the implementation of enforcement of this policy for all persons.

Students

Students found in violation of the forementioned policy shall be referred to the following consequence(s):

1. First Violation
   1. Confiscation of tobacco products, related devices, imitation products, or lighters; notification of parents and/or guardians; and at least one of the following actions:
      1. A meeting and individual assessment with a chemical health educator or designated staff to discuss tobacco use and school policies.
      2. Participation in an approved tobacco education program.
         1. Students and staff found in violation of hereabove policy ought to be referred to a designated tobacco education program approved by the South Dakota Department of Health, including but not limited to: (1) CATCH My Breath, (2) Vaping: Know the Truth, or (3) Not On Tobacco (NOT).
      3. Access to information on available cessation programs and resources.
         1. Students and staff found in violation of hereabove policy ought to be referred to an official tobacco cessation program approved by the South Dakota Department of Health, including but not limited to: (1) South Dakota QuitLine, (2) EX Program by Truth Initiative, or another cessation program certified by the Centers for Disease Control (CDC).
      4. Second Violation
      5. Confiscation of tobacco products, related devices, imitation products, or lighters; notification of parents and/or guardians; access to information on available cessation programs; and at least one of the following actions:
         1. A meeting and individual assessment with a chemical health educator or designated staff, with the involvement of parents and/or guardians, to address tobacco use and school policies.
         2. Participation in an approved tobacco education program.
            1. Please refer to approved tobacco education programs listed prior.
            2. Third and Subsequent Violations:
         3. Confiscation of tobacco products, related devices, imitation products, or lighters; notification of parents and/or guardians; access to information on available cessation programs; mandatory participation in a tobacco education program; and at least one of the following actions:
         4. A meeting and individual assessment with a chemical health educator or designated staff, with the involvement of parents and/or guardians, to address tobacco use and school policies.
         5. This alternative can include activities related to the tobacco violation, such as cleaning up school grounds of litter or providing tobacco education to younger students.

FDA-approved cessation materials, which may contain nicotine and/or be derived from tobacco, for staff, visitors, students aged 18+, and younger students for whom use of such materials is authorized by a medical professional may request an exemption from this policy there above.

Employees

1. Employees may also be subject to disciplinary action pursuant to [District Name] policy.

Visitors

1. Visitors in violation of this policy will be asked to comply, and if necessary, be subject to appropriate consequences, which may include being directed to leave school property.

Tobacco Cessation Opportunities

Administrators shall consult with their local or state health department or other appropriate health organizations to provide students, staff, faculty, and administrators with information and access to support.

[District Name] School District Students and employees who violate this policy will be encouraged to quit and provided information on cessation, including the SD QuitLine [1-866-737-8487].

The SD QuitLine is a readily available tobacco cessation program funded by the South Dakota Department of Health for South Dakotans aged 13 and above. Those found in violation of the policy found hereabove should be referred to a medical professional for tobacco cessation opportunities.

Dissemination

The superintendent shall provide public notification of the district’s policy through appropriate means, such as signs posted on the perimeter of the property, at entrances and other prominent places, student and staff handbooks, e-notice messaging, and public announcement at school events to faculty, staff, students, parents/guardians, and community members.

Questions

This policy will be maintained by The [District Name] School Board. Any questions regarding the tobacco-free policy should be directed to the school board or school administrator.

Effective Date

The policy set forth above is effective [date] for [organization name and location] and was last updated [date].

Updated on QuittobaccoSD.com January 2025.