3515 No Smoking Policy

KEARNY BOARD OF EDUCATION File Code: 3515

Kearny, New Jersey 07032

Policy

FACILITIES USE - SMOKING PROHIBITION

STATE OF NEW JERSEY

On August 27, 2001 the Acting Governor signed into law P.L. 2001, Chapter 226, legislation that expanded the statutory prohibition on smoking in school buildings to school grounds. Smoking is therefore prohibited in any school building and on any district property such as: school parking lots, athletic fields, exterior stairwells and all sidewalks and lawn area contained within property lines. The Kearny Board of Education is now required to make and enforce regulations to prohibit the smoking of tobacco not only anywhere in its buildings but also on school grounds, except as part of a classroom instruction or a theatrical production. Individuals who smoke in school buildings or on school grounds after being ordered to comply with the law may be subject to a fine of up to $100.00.

The Kearny Board of Education believes that the right of persons to smoke must be balanced against the right of those who do not smoke to breathe air untainted by tobacco smoke. In order to protect pupils and employees who choose not to smoke from an environment noxious to them and potentially damaging to their health, the board prohibits smoking in all district buildings and on school grounds.

Notice of this policy shall be given at each school entrance and at appropriate locations on school grounds in accordance with law. Smoking shall not be permitted at any time in classrooms, lecture halls, auditoriums or anywhere else on school grounds.

The principal of each school building is authorized to report violations, in accordance with law, to the board of health. Pupils and district employees who violate the provisions of this policy shall be subject to appropriate disciplinary measures. The chief school administrator shall prepare and the board shall adopt regulations prohibiting smoking in all district buildings and on school grounds.

Definition: For purposes of this policy, “smoking” means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. Chewing tobacco is also specifically prohibited by this policy.

Adopted: September 27, 1990

Amended: January 22, 2002

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The Superintendent of Schools will take “reasonable” steps to enforce the prohibition

of smoking in school buildings and on school grounds by requiring communication such as the following:

1. Announcement of the smoking prohibition prior to indoor school activities, including the possible penalties for noncompliance. Assigned police, administration and faculty will verbally remind offenders to comply.

2. Announcement of the smoking prohibition over the public address system at all outdoor school activities, and the possible penalties for noncompliance. Assigned police, administration and faculty will remind offenders to comply.

3. Posting of the law/policy at appropriate locations on school grounds. A board of education should consider places like refreshment stands, bleachers, entrances to stadia, and fences around athletic fields.

4. Sending a letter to parents, students and staff describing the new law and board policy.

5. Placing an announcement of the new law and policy on the board’s cable access television channel, newsletter or web site in the notice section, if the board has such a channel or web site.

Individuals who smoke in school buildings or on school grounds after being ordered to comply with the law may be subject to a fine of up to $100.00.