Implementing a statewide tobacco-free schools law – 6/2/10

Q: Iowa is in planning stages for a state-wide “Tobacco- Free School Campus” law. In Iowa we will be including public and private schools, so the law will have a broad reach. Some schools already have smoke-free grounds, however, few are totally tobacco-free campuses.

We would be interested in hearing from other states that have brought forward a tobacco-free schools campus law. What were their experiences and lessons learned? Also, please share any tobacco-free school campus policy examples and fact sheet samples with us. We would like to hear how other states have worked through this process.

A:

1. Colorado: Please see the attached copy of the Colorado Tobacco Free Schools law.
   
   We have found that schools benefit from training and technical assistance on implementing a campus policy. Communication tools, signs, and alternatives to suspension are key for successful implementation of a policy. Click here to see a valuable resource for schools in Colorado.
   
   We also have another great resource for college campuses on implementing smoke-free policies. Visit the BACCHUS website for more information.
    
2. California: California has had a requirement since the early 1990's for all schools receiving tobacco-use prevention education funds to adopt tobacco-free school policies. The requirements of the policies are outlined in California Health and Safety Code Section 104420 (n)(2):

   All school districts and county offices of education that receive funding pursuant to paragraph (1) shall adopt and enforce a tobacco-free campus policy no later than July of each fiscal year. The policy shall prohibit the use of tobacco products, any time, in district-owned or leased buildings, on district property and in district vehicles. Information about the policy and enforcement procedures shall be communicated clearly to school personnel, parents, pupils, and the larger community. Signs stating "Tobacco use is prohibited" shall be prominently displayed at all entrances to school property. Information about smoking cessation support programs shall be made available and encouraged for pupils and staff. Any school district or county office of education that does not have a tobacco-free district policy implemented by July 1, shall not be eligible to apply for funds from the Cigarette and Tobacco Products Surtax Fund for that fiscal year.

   The California Department of Education (CDE) recently completed a recertification process with our school districts with the assistance of the County Offices of Education. See the form used to certify the districts in complying with the requirements of Health and Safety Code (HSC) and a copy of the policies at a school district that fulfilled the requirements of HSC.
   
   The CDE will be working with Public Health and voluntary health agencies to make this a requirement of all schools regardless of whether they have accepted tobacco use prevention education funds.
    
3. New Hampshire: New Hampshire's law has been in place since 1990/98. Click here to view the policy. The enforcement arm is the Bureau of Liquor Enforcement. We plan on having them be the enforcement for our clean indoor air act one day. We have had the following issues:
    
   • Teaching staff who celebrate graduation with students by smoking a cigar;
   • Smoking near the kitchen (outside);
   • Athletics/coaches allowing tobacco use.
      
4. North Carolina: Click here to view the response from NC.
    
5. South Carolina: Unfortunately in South Carolina we have not nor have we attempted to implement a Statewide Tobacco-Free Schools Law. We use a regional/district by district approach to encourage adoption of a 100% Comprehensive Tobacco-Free Model Policy.
   
   We do this through several different avenues, but two of our most successful have been to host Prevention Roundtable Forums (where we invite representatives from school districts that have not adopted the 100% Comprehensive Tobacco-Free Model Policy, (usually regionally) to give them an assessment or their school district policy, give them a copy of the model policy, have them hear a success story from other school districts in their regions or from another region in the state and assist them with bringing the policy before their respective boards for consideration/adoption. The other is publicizing/promoting our Blazin' the Way Map, which displays school districts (in yellow) in the state that have adopted a 100% comprehensive Tobacco-Free Model Policy, through our website, by our partners, at meetings and conferences. The map has turned out to be a motivator for the school districts to bring the model policy before their boards for consideration/adoption. It's sort of like a competition for the school districts to be yellow on the map.
   
   The Administrator's Guide to Policy Implementation is to be updated in August 2010.
   
   Lessons Learned: For South Carolina, buy-in from key decision makers (school board members) is a must. No matter how many facts and how much evidence we had stating the importance of adopting a 100% Comprehensive Tobacco-Free Model Policy, if these people were not on board it was pretty challenging!
    
6. Texas: Here is the language we have in our Texas Education Code:

   Sec. 38.006. TOBACCO ON SCHOOL PROPERTY. The board of trustees of a school district shall:

   1. prohibit smoking or using tobacco products at a school-related or school-sanctioned activity on or off school property;
   2. prohibit students from possessing tobacco products at a school-related or school-sanctioned activity on or off school property; and
   3. ensure that school personnel enforce the policies on school property.

   Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

   The law is comprehensive in that it covers not only school property but any location where a school sanctioned activity is occurring. (Like the county fairgrounds where they are holding ag shows.) However, the downside is that the school boards are only able to enforce it on school property. Ways to strengthen the law: enable the school districts to cite jurisdiction to areas off school property when students are present or to change the language to allow local law enforcement to enforce the statute. Currently, most districts enforce the student side of the statute through other school policies regarding the use of tobacco, alcohol or other drugs. While it’s not a perfect statute, it does give us a good foundation for working with the schools.
    
7. Utah: In Utah tobacco-free schools are covered under our Indoor Clean Air Act. Our law states:

   (1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor places of public access and publicly owned building and offices......."Place of public access" means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:........
   
   (k) Public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;

   In the Rule it states:

   R392-510-10. Educational and Cultural Activities Not Exempted.
   
   (1) Educational facilities, as used in the Utah Indoor Clean Air Act, means any facility used for instruction of people, including preschools, elementary and middle schools, junior and senior high schools.
   
   (2) Smoking is prohibited in facilities used by, vocational schools, colleges and universities, and any other facility or educational institution operated by a commercial enterprise or nonprofit entity, including hotel, motel, and convention center rooms, for the purpose of providing academic classroom instruction, trade, craft, computer or other technical or professional training, or instruction in dancing, artistic, musical or other cultural skills as well as all areas supportive of instruction including classrooms, lounges, lecture halls, study areas and libraries.

8. West Virginia: West Virginia Schools have been tobacco-free since 1998 by establishment of a Legislative Rule:

   From WV CSR §§ 126-66-1 et seq. (1998)… “No person shall distribute or use any tobacco product at all times in any building, property or vehicle leased, owned or operated by a county board of education, a Regional Education Service Agency (RESA), the State Department of Education or the State Board of Education. This policy shall apply to any private building, or other property including automobiles or other vehicles used for school activities when students or staff are present. Individuals supervising students off school grounds are prohibited from distributing or using any tobacco product while in the presence of students or any time while engaged in any activities directly involving students.”

   View the state regulation to establish tobacco-free schools in West Virginia.

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