Series: Series9000     Sub Series: 9000     Policy Number: 9330
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The Board of Education, in response to the growing public concern over health issues associated with the use of tobacco, federal and state law, and the need to protect the health and safety of district students and employees, will maintain a smoke-free environment in its buildings and on its grounds. The district further recognizes that tobacco use can be an addictive behavior which requires support through programming for individuals who wish to stop.

Smoking or other tobacco use is prohibited at all times on district property, including grounds, buildings, and vehicles owned, leased, or contracted by the district, or at any school-sponsored event.

Employees in violation of this policy can expect punitive consequences. First time offenders will be asked to stop, and will be counseled on the availability of cessation programs. A second offense will result in a written directive. A third offense will be grounds for appropriate disciplinary action. Federal law imposes civil penalties of up to $1,000 per offense.

The Superintendent of Schools will be responsible for enforcement of this policy. The Building Principals have direct responsibility for its enforcement among students and staff in their buildings.

The Superintendent will have copies of this policy prominently posted in the workplace. In addition, the Superintendent will designate each building principal or supervisor to be responsible for informing individuals using tobacco in a prohibited area that they are in violation of Article 13 of the Public Health Law and/or the federal Pro-Children Act of 1994.

Cessation Program

Employees who wish to stop using tobacco may participate in a district-sponsored tobacco cessation programming. The Superintendent, together with the Building Principals, will be responsible for establishing and maintaining cessation programs as needed. Continued education will support cessation programming and will promote a tobacco-free environment in the district schools.

District Reference:

General Reference:

Goals 2000, Educate America Act §§1041 et seq. (The Pro-Children Act of 1994) 
Public Health Law Article 13-E; §§206; 340; 347
Education Law §§409(2); 3020-a
Newark Valley C.S.D., 83 NY2d 315 (1994)
Oneonta City S.D., 24 PERB & 3025 (1991)

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