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Series 406.5AR - Tobacco-Free and Electronic Delivery Device-Free Environment

Adopted: August 1988
Revised: November 2019

1. No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product, or carry or use an activated electronic delivery device in a public school. No student or person under the age of 18 shall possess any of these items. These prohibitions extend to all district property, which term shall include all facilities, whether owned, rented, or leased, and all vehicles that District 196 owns, leases, rents, contracts for, or controls. Tobacco and tobacco products are defined in Minnesota Statute 609.685, subd. 1(a). An electronic delivery device is defined in Minnesota Statute 609.685, subdivision 1(c) and includes, but is not limited to, liquid or electronic cigarettes and vaping devices.

1.1 The success of this regulation depends on the cooperation of all employees, students and visitors.

1.2 All people on district property shall be responsible for complying with this regulation.

1.3 Nothing in this regulation shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony.

2. The following steps shall be taken if this regulation is violated.

2.1 Employees

2.1.1 First violation – The appropriate supervisor shall give informal verbal notice to the employee and remind the employee about the district’s regulation and the availability of tobacco cessation programs. The district may impose additional consequences, including discipline, if the violation is connected to other misconduct.

2.1.2 Further violations – The employee shall be subject to school district discipline procedures.

2.2 Students

2.2.1   In accordance with Administrative Regulation 503.3AR, Student Behavior Expectations and Consequences for Misbehavior, students are expected to comply with laws and regulations pertaining to the possession and use of tobacco, tobacco products and electronic delivery devices.

2.2.2 Violations should be reported to the building principal or his/her designee.

2.2.3 The building principal shall deal with the student in accordance with school discipline procedures and, when applicable, as required by Minnesota State High School League bylaws.

2.3 Visitors

2.3.1 Visitors are defined as parents, community residents, students and staff from other school districts, and all other persons on or in district property.

2.3.2 Visitors observed violating this regulation on district property should be asked to refrain from doing so.

2.3.2.1 A visitor who continues to violate this regulation on school property should be reported to the supervisory personnel present.

2.3.2.2 The supervisor shall take action which may include asking the person to refrain from violating this regulation or directing the person to leave district property.

2.3.3 Repeated violations may result in a recommendation to the superintendent that the person be prohibited from entering district property for a specified period of time.

2.4 Involvement of law enforcement officials

2.4.1 The administration may call in the local law enforcement agency to help enforce this regulation.

2.4.2 Violation of the Minnesota Clean Indoor Air Act, by smoking in a designated non-smoking area, is a petty misdemeanor and a court injunction can be instituted against a repeated violator.

Reference:

  • Minnesota Statute 144.4165, Tobacco products prohibited in public schools 
  • Minnesota Statute 609.685, Sale of tobacco to children

Regulations/406.5AR/11-26-19