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

Revised and Approved: September 4, 2024

[Note: School districts are not required by statute to have a policy addressing these issues. However,  Minn. Stat. § 144.416 requires that entities that control public places must make reasonable efforts to  prevent smoking in public places, including the posting of signs or any other means which may be  appropriate.]  

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. DISSEMINATION OF POLICY 

A. This policy shall appear in the student handbook.  

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

IV. PROCESS

The superintendent is directed to develop administrative procedures for Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices; Vaping Awareness and Prevention Instruction for the School District that meet the state and federal requirements established in law or rule. 

Legal References:

Minn. Stat. §§ 144.411-144.417 (Minnesota Clean Indoor Air Act)  

Minn. Stat. § 121A.08 (Smudging Permitted)

Minn. Stat. § 609.685 (Sale of Tobacco to Children)  

2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)  

Cross References: 

RAS Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)  

RAS Policy 506 (Student Discipline)

RAS AP 419.1 (Tobacco-Free Environment; Possession and Use of Tobacco, 

Tobacco Related Devices and Electronic Delivery Devices)