State and Federal Laws Regarding School Tobacco Policy

— A Summary —

New York Education Laws

Article 9 School Buildings and Sites, Section 409

School building regulations in relation to health and safety states that tobacco use shall not be permitted and no person shall use tobacco on school grounds. School grounds are defined as any building, structure and surrounding outdoor grounds contained within a public or private pre-school, nursery school, elementary or secondary school’s legally defined property boundaries as registered in a county clerk’s office.

Article 17 Instruction in Certain Subjects, Section 804

All schools shall include, as an integral part of health education, instruction so as to discourage the misuse and abuse of alcohol, tobacco, and other drugs and promote attitudes and behavior that enhance health, well being, and human dignity. Instruction shall be included in health education provided for all elementary school pupils taught by regular classroom teachers or teachers certified to teach health education. Instruction in junior high and senior high schools shall be an integral part of required health education course at each of these levels in the secondary school’s curriculum.

Commissioner’s Regulations, New York State Department of Education Subchapter G, Part 135 Health, Physical Education and Recreation It is the duty of the trustees and boards of education to provide a satisfactory program in health education in accordance with the needs of pupils in all grades. This program shall include but not limited to instruction concerning the misuse of alcohol, tobacco and other drugs.

New York Public Health Laws

Article 13-E Regulation of Smoking in Certain Public Areas

The New York State Clean Indoor Air Act, 2003

Effective July 24, 2003, the amended New York State Clean Indoor Air Act prohibits smoking in virtually all workplaces, including all schools, school grounds, and places of employment where services are offered to children. School grounds means any building, structure, and surrounding outdoor grounds contained within a public or private pre-school, nursery school, elementary or secondary school’s legally defined property boundaries as registered in a county clerk’s office, and any vehicles used to transport children or school personnel. The changes in the Act reflect the state's commitment to ensuring that all workers are protected from secondhand smoke. "Smoking" or "No Smoking" signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained where smoking is regulated by this article, by the owner, operator, manager or other person having control of such area.

Article 13-F Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors

Adolescent Tobacco Use Prevention Act (ATUPA)

This law was enacted to help stop the sale of tobacco products and herbal cigarettes to anyone under 18 years of age. Included are cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, any other tobacco products, pipes and rolling papers. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco.

United States Department of Education

Title IV Part A — Safe and Drug-Free Schools and Communities

Part C — Environmental Tobacco Smoke No Child Left Behind "Pro-Children Act of 2001"

This law supports programs that prevent the illegal use of alcohol, tobacco, and drugs, involvement of parents and communities, and are coordinated with related Federal, State, school, and community efforts and resources to foster safe and drug-free learning environments that support student academic achievement. Requires that no person shall permit smoking within any indoor facility owned, or leased, or contracted for and utilized by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.

Other Laws

United States Department of Agriculture Public Law 108-265

Child Nutrition and WIC Reauthorization Act of 2004 Section 204 Wellness Policy

This law requires all schools participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to establish a local school wellness policy by school year 2006-07. The law requires community involvement including parents, students, representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.