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Los Angeles COE |  BP  3513.3  Business and Noninstructional Operations

Tobacco And Marijuana-Free Schools And Facilities   

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The Los Angeles County Board of Education recognizes the health hazards associated with smoking and the use of tobacco and marijuana products, including the breathing of second-hand smoke, and desires to provide a healthy environment for students and staff.

(cf. 4159/4259/4359 - Employee Assistance Programs)

(cf. 5131.62 - Tobacco)

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

The County Board prohibits the use of tobacco and marijuana products at any time in Los Angeles County Office Of Education-owned or leased buildings, on LACOE property and in LACOE vehicles. (Health and Safety Code 104420; Labor Code 6404.5; 20 USC 6083)

This prohibition applies to students and visitors at any instructional program, activity or athletic event. Any written joint use agreement governing community use of LACOE's facilities or grounds shall include notice of LACOE's tobacco and marijuana-free schools policy and consequences for violations of the policy.

(cf. 1330 - Use of School Facilities)

(cf. 1330.1 - Joint Use Agreements)

Smoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, tobacco, marijuana or plant product intended for inhalation, whether natural or synthetic, in any manner or form, and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5; Education Code 48901)

Prohibited products include: (Business and Professions Code 22950.5; Education Code 48901)

1. Any product containing, made, or derived from tobacco, marijuana or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, marijuana or snuff

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah

3. Any component, part, or accessory of a tobacco or marijuana product, whether or not sold separately

This policy does not prohibit the use or possession of prescription products and other cessation aids that have been approved by the U.S. Department of Health and Human Services, Food and Drug Administration, such as nicotine patch or gum.

Smoking or use of any tobacco or marijuana-related products and disposal of any tobacco or marijuana-related waste are prohibited within 25 feet of any playground, except on a public sidewalk located within 25 feet of the playground. (Health and Safety Code 104495)

It is the intention of LACOE to provide a smoke-free workplace within all buildings owned or leased by the Office. Additionally, in accordance with law, the use of tobacco or marijuana products will not be permitted at any time on any property or vehicles owned or leased by LACOE or at LACOE-sponsored events.

Pursuant to law, the County Office shall assure the maintenance of a tobacco and marijuana-free workplace by:

1. Publishing a statement notifying employees and students of the policy and specifying actions to be taken against employees who violate it;

2. Displaying signs stating the prohibition of tobacco and marijuana use at all entrances to all properties and vehicles owned or leased by LACOE;

3. Publishing information to the larger community and students that the use of tobacco or marijuana products is not permitted at any time on any property or vehicle owned or leased by the office or at any office-sponsored event;

4. Taking appropriate personnel action, up to and including termination, within 30 days of receiving notice with respect to any employee who is in violation of the Tobacco and Marijuana-Free Workplace policy;

5. Informing employees and students about the availability of tobacco or marijuana cessation and employee assistance programs;

6. Making a good-faith effort to continue to maintain a tobacco and marijuana-free workplace.

All LACOE administrative and instructional sites, properties, vehicles, and LACOE-sponsored events shall comply with Board Policy 3513.3, Tobacco and Marijuana-Free Schools and Facilities.

Legal Reference:

EDUCATION CODE

48900 Grounds for suspension/expulsion

48901 Prohibition against tobacco use by students

HEALTH AND SAFETY CODE

39002 Control of air pollution from nonvehicular sources

104350-104495 Tobacco use prevention, especially:

104495 Prohibition of smoking and tobacco waste on playgrounds

LABOR CODE

6404.5 Occupational safety and health: use of tobacco products

UNITED STATES CODE, TITLE 20

6083 Nonsmoking policy for children's services

7111-7117 Safe and Drug Free Schools and Communities Act

PERB RULINGS

Eureka Teachers Assn v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168)

CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School District (1989) PERB Order #750 (13 PERC 20147)

Management Resources:

WEB SITES

CDE: http://www.cde.ca.gov

California Department of Public Health, Tobacco Control:

http://www.cdph.ca.gov/programs/tobacco

Occupational Safety and Health Standards Board: http://www.dir.ca.gov/OSHSB/oshsb.html

Environmental Protection Agency: http://www.epa.gov

Policy LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: April 4, 2017 Downey, California