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Santa Clara USD |  AR  5131.62  Students


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"Tobacco and products containing tobacco or nicotine" includes, but is not limited to cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff chewing tobacco, chew packets, betel, and nicotine delivery devices, such as electronic cigarettes. Other vapor emitting electronic devices, such as electronic hookah, with or without nicotine content, that mimic the use of tobacco products, are also prohibited. However, this section does not prohibit the use or possession of prescription products, or other cessation aides such as nicotine patches or nicotine gum. Student use or possession of such products must conform to laws governing student use and possession of medications on school property.

Use and/or Possession

All practical steps to discourage students from usage of tobacco and/or products containing tobacco or nicotine shall be taken.

Possession and/or use of tobacco or products containing tobacco or nicotine on school property (buildings and grounds), at school-sponsored activities, while in district vehicles, or while under the supervision of school district employees is a violation of district policy and is not permitted. Students violating this policy may be subject to the following disciplinary procedures:

1. First Offense:

a. Parents/guardians/caregivers notification.

b. Reprimand by principal or his/her designee. A reprimand is a written notification of unacceptable behavior.

c. Opportunity class (three days) or suspension (one day) and/or placement in a tobacco cessation program when applicable and available.

2. Second Offense:

a. Parents/guardians/caregivers conference.

b. Reprimand by principal or his/her designee.

c. Opportunity class (five days) or suspension (two-three days) and/or placement in a tobacco cessation program when applicable and available.

d. Disciplinary probation with behavioral contract.

(1) Disciplinary probation is a condition whereby a student must fulfill specific commitments or be denied certain privileges until his/her behavior improves.

(2) A behavioral contract is a written agreement between a student, his/her parents/guardians/caregivers, and an administrator.

(3) The contract states the conditions that must be met by the student for the period of disciplinary probation.

(4) Failure to comply with the agreed upon term may result in further disciplinary action.

(3) Subsequent Offenses:

(a) Parents/guardians/caregivers notification/written notification of suspension to be sent by mail.

(b) Student to be suspended for three days.

(c) Parents/guardians/caregivers conference.

(d) Action per behavioral contract including possible assignment to an alternative program.

Tobacco-Use Prevention Education Program

The district's tobacco-use prevention program shall provide students in grades 6-12 instruction which addresses the following topics: (Health and Safety Code 104420)

1. Immediate and long-term undesirable physiologic, cosmetic, and social consequences of tobacco use

2. Reasons that adolescents say they smoke or use tobacco

3. Peer norms and social influences that promote tobacco use

4. Refusal skills for resisting social influences that promote tobacco use

(cf. 5131.6 - Alcohol and Other Drugs)

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

As appropriate, the district shall provide or refer students in grades 7-12 to tobacco-use intervention and cessation activities. (Health and Safety Code 104420)

(cf. 1020 - Youth Services)

(cf. 5141.6 - School Health Services)

(cf. 6164.2 - Guidance/Counseling Services)

These services shall be directed toward current users and shall be voluntary for students who desire assistance in ceasing the use of tobacco.

In addition to targeting students who currently use tobacco, the district's program shall target students most at risk for beginning to use tobacco as identified through a local needs assessment.

The district shall provide or refer every pregnant and parenting minor enrolled in the district to tobacco-use prevention services. Such services may be integrated with existing programs for pregnant and parenting minors and shall include: (Health and Safety Code 104460)

1. Referral to perinatal and related support services

2. Outreach services and assessment of smoking status

3. Individualized counseling and advocacy services

4. Motivational messages

5. Cessation services, if appropriate

6. Incentives to maintain a healthy lifestyle

7. Follow-up assessment

8. Maintenance and relapse prevention services

(cf. 5146 - Married/Pregnant/Parenting Students)


adopted: March 13, 2014 Santa Clara, California