Policy 407-R Tobacco-Free Environment Regulations
I. Definitions
A. “Tobacco product” means any products containing, made or derived from tobacco that are 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; cigars; little 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 products exclude any tobacco products that has been approved by the U.S. 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.
B. “Electronic cigarette” means any oral device that provides a vapor of liquid nicotine, lobelia, and/or other substance and the use or inhalation of which simulates smoking. 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.
C. “School property” means all facilities and property, including land, whether owned, rented, or leased by ISD 284, and all vehicles owned, rented, leased, contracted for, or controlled by ISD 284 used for transporting students, staff, or visitors.
D. “Smoking” means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any 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 and the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device.
II. Enforcements
A. All individuals on school premises shall adhere to this policy.
B. Students who violate this tobacco-free policy shall be subject to School District discipline procedures.
C. Employees who violate this tobacco-free policy shall be subject to School District discipline procedures.
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 administration 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 is a petty misdemeanor. A court injunction may be instituted against a repeated violator.
III. Dissemination of Policy
A. Appropriate signage shall be posted throughout the district at building entrances and other highly visible locations on all school buildings, building entrances, vehicles, vehicular entrances to school grounds, and all indoor and outdoor athletic facilities that ISD 284 requires a tobacco-free environment.
B. This policy shall appear in the student and faculty handbook.
C. As appropriate, the school district shall make tobacco-free reminder announcements at school events.
IV. Exceptions
A. It shall not be a violation of this policy for an Indigenous/Native American adult to use lights tobacco on school district property as part of a traditional Indigenous/Native American spiritual or cultural ceremony. An Indigenous/Native American is a person who is a member of a federally recognized Indigenous/Native American tribe as defined under Minnesota law.
B. It shall not be a violation of this policy for tobacco products, tobacco-related devices, imitation tobacco products, lighters, or electronic cigarettes to be included in instructional activities or work related activities in ISD 284 school buildings if the activity is conducted by a staff member or an approved visitor and the activity does not include smoking, chewing, or otherwise ingesting the product.
C. A violation of this policy does not occur when an adult nonstudent 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.
Adoption and Amendment History
- Adopted: August 15, 1987
- Amended: July 12, 2004
- Amended: February 14, 2011
- Amended: February 9, 2015
- Amended: July 11, 2016
- Amended: December 9, 2024
- Last Reviewed: December 9, 2024
