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419 TOBACCO-FREE ENVIRONMENT

Adopted: August 24 th , 2023 MSBA/MASA Model Policy 419
Orig. 1995
Revised: Rev. 2023
1 st Read: July 18, 2023
2 nd Read: Aug. 24, 2023

419 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

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product. Electronic delivery devices includes but is 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 Indian adult lights tobacco on school
district property as a part of a traditional 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 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.

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V. VAPING PREVENTION INSTRUCTION
A. The school district must provide vaping prevention instruction at least once to
students in grades 6 through 8.
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 handbook.
B. The school district will develop a method of discussing this policy with students and
employees.

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: MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School

District Employees)
MSBA/MASA Model Policy 506 (Student Discipline)


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