419 - Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices

TOBACCO-FREE ENVIRONMENT; POSSESSION AND USE OF TOBACCO,
TOBACCO-RELATED DEVICES, AND ELECTRONIC DELIVERY DEVICES;
VAPING AWARENESS AND PREVENTION INSTRUCTION

I. PURPOSE

The purpose of this policy is to maintain a learning and working environment that is
tobacco free.

II. GENERAL STATEMENT OF POLICY

A. A violation of this policy occurs when any student, teacher, administrator, other school personnel of the school district, or person smokes or uses tobacco, tobacco-
related devices, or carries or uses an activated electronic delivery device in a public school. This prohibition extends to all facilities, whether owned, rented, or leased,
and all vehicles that a school district owns, leases, rents, contracts for, or controls.
In addition, this prohibition includes vehicles used, in whole or in part, for work
purposes, during hours of school operation, if more than one person is present. This
prohibition includes all school district property and all off-campus events
sponsored by the school district.

B. A violation of this policy occurs when any elementary school, middle school, or
secondary school student possesses any type of tobacco, tobacco-related devices,
or electronic delivery devices in a public school. This prohibition extends to all
facilities, whether owned, rented, or leased, and all vehicles that a school district
owns, leases, rents, contracts for, or controls and includes vehicles used, in whole
or in part, for school purposes, during hours of school operation, if more than one person is present. This prohibition includes all school district property and all off-
campus events sponsored by the school district.

C. The school district will act to enforce this policy and to discipline or take
appropriate action against any student, teacher, administrator, school personnel, or
person who is found to have violated this policy.

D. The school district will not solicit or accept any contributions or gifts of money,
curricula, materials, or equipment from companies that directly manufacture and
are identified with tobacco products, tobacco-related devices, or electronic delivery
devices. The school district will not promote or allow promotion of tobacco
products or electronic delivery devices on school property or at school-sponsored
events.

III. DEFINITIONS

A. “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption that can be used by a person to simulate smoking in the delivery of
nicotine or any other substance through inhalation of aerosol or vapor from the
product. Electronic delivery devices include, but are not limited to devices
manufactured, marketed, or sold as electronic cigarettes, electronic cigars,
electronic pipe, vape pens, modes, tank systems, or under any other product name
or descriptor. Electronic delivery device includes any component part of a product,
whether or not marketed or sold separately. Electronic delivery device excludes
drugs, devices, or combination products, as those terms are defined in the Federal
Food, Drug, and Cosmetic Act, that are authorized for sale by the United States
Food and Drug Administration.

B. “Heated tobacco product” means a tobacco product that produces aerosols
containing nicotine and other chemicals which are inhaled by users through the
mouth.

C. “Tobacco” means cigarettes and any product containing, made, or derived from
tobacco 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, 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 excludes any
drugs, devices, or combination products, as those terms are defined in the Federal
Food, Drug, and Cosmetic Act, that are authorized for sale by the United States
Food and Drug Administration.

D. “Tobacco-related devices” means cigarette papers or pipes for smoking or other
devices intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, smoking, or inhalation of vapors aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-
related devices which may be marketed or sold separately.

E. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, pipe, or any other lighted or heated product containing, made, or
derived from nicotine, tobacco, marijuana, or other plant, whether natural or
synthetic, that is intended for inhalation. Smoking includes carrying or using an
activated electronic delivery device.

F. “Vaping” means using an activated electronic delivery device or heated tobacco
product.

IV. EXCEPTIONS

A. A violation of this policy does not occur when an American Indian adult lights
tobacco on school district property as a part of a traditional American Indian
spiritual or cultural ceremony. An American Indian student may carry a medicine pouch containing loose tobacco intended as observance of traditional spiritual or
cultural practices. An American Indian is a person who is a member of an Indian
tribe as defined under Minnesota law.

B. 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. Nothing in this exception authorizes smoking
or use of tobacco, tobacco-related devices, or electronic delivery devices on school
property or at off- campus events sponsored by the school district.

V. VAPING PREVENTION INSTRUCTION

A. The school district must provide vaping prevention instruction at least once to
students in grades 6 through 9.

B. The school district may use instructional materials based upon the Minnesota
Department of Health’s school e-cigarette toolkit or may use other smoking
prevention instructional materials with a focus on vaping and the use of electronic
delivery devices and heated tobacco products. The instruction may be provided as
part of the school district’s locally developed health standards.

VI. ENFORCEMENT

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. School district administrators and other school personnel 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/or the Freedom to
Breathe Act of 2007 and is a petty misdemeanor. A court injunction may be
instituted against a repeated violator.

G. No persons shall be discharged, refused to be hired, penalized, discriminated against, or in any manner retaliated against for exercising any right to a smoke-free
environment provided by the Freedom to Breathe Act of 2007 or other law.

VII. DISSEMINATION OF POLICY

A. This policy shall appear in the student handbooks and also on the District website.

B. The school district will develop a method of discussing this policy with students
and employees.

Source: Cambridge-Isanti Schools
Legal References: Minn. Stat. § 120B.238 (Vaping Awareness and Prevention)
Minn. Stat. §§ 144.411-144.417 (Minnesota Clean Indoor Air Act)
Minn. Stat. § 609.685 (Sale of Tobacco to Persons Under Age 21)
2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)

Cross References: Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
Policy 506 (Student Discipline)

Reviewed: 07-23-01, 11-20-03, 05-22-08, 09-24-09, 08-19-10, 04-21-16, 01-21-21
Approved: 08-23-01, 12-18-03, 06-19-08, 09-24-09, 09-23-10, 05-19-16, 02-18-21, 04-21-22, 08-24-23