Law

WHAT DOES THE LAW SAY ABOUT TOBACCO IN SCHOOL?

UNITED STATES DEPARTMENT OF EDUCATION
No Child Left Behind "Pro-Children Act of 2001"
Title IV Part A — Safe and Drug-Free Schools and Communities
Part C — Environmental Tobacco Smoke
Prohibits smoking in any indoor facility owned, leased or contracted for and utilized for kindergarten, elementary, or secondary education or library services to children.

NEW YORK EDUCATION LAW
Article 9 School Buildings and Sites, Section 409
Prohibits tobacco use by anyone on school grounds. School grounds are defined as any building, structure and surrounding outdoor grounds contained within the school’s legally defined property boundaries.

Article 17 Instruction in Certain Subjects, Section 804
Requires all schools to include instruction discouraging the misuse and abuse of tobacco. This instruction shall be included in health education provided for all elementary school pupils taught by the classroom teachers or teachers certified to teach health education. In junior and senior high schools instruction shall be an integral part of required health education at each of these levels.

Commissioner’s Regulations
Subchapter G, Part 135 Health, Physical Education and Recreation
Requires the trustees and boards of education to provide a satisfactory program in health education in accordance with the needs of pupils in all grades, including instruction concerning the misuse of tobacco.

NEW YORK PUBLIC HEALTH LAW
New York State Clean Indoor Air Act, 2003
Article 13-E Regulation of Smoking in Certain Public Areas
Prohibits smoking in nearly all workplaces, including all schools, school grounds, and places of employment where services are offered to children and any vehicles used to transport children or school personnel. School grounds are defined as any building, structure and surrounding outdoor grounds contained within the school’s legally defined property boundaries.

Requires "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, to be prominently posted and maintained where smoking is regulated.

Article 13-F Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors
Adolescent Tobacco Use Prevention Act (ATUPA)
Prohibits the sale or distribution of tobacco products, herbal cigarettes, rolling papers, or pipes to anyone under 18 years of age.

The complete text of these laws can be found at:

New York Education and Public Health Laws are available at the New York State Legislature website
http://public.leginfo.state.ny.us/menuf.cgi

New York State Department of Education Commissioner Regulation is available at:
http://www.emsc.nysed.gov/sss/Laws-Regs/

United States Department of Education—No Child Left Behind Act available at:
http://www.ed.gov/policy/elsec/leg/esea02/index.html