From the KSBA Policy Service
KSBA has begun receiving inquiries about board policy language on e-cigarettes and related products as a result of several recent news stories and local concerns about prohibitions on their possession and use by students.
In the 2014 General Assembly passed Senate Bill 109, which amended KRS 438.350 to generally prohibit persons under the age of 18 from possessing or using alternative nicotine products or vapor products as well as tobacco.
The KSBA Policy Service sent the sample policy language that follows for districts to update in last year’s annual policy update. Please refer to your district’s Policy 09.4232 – Tobacco (Students).
Districts interested in expanding the prohibition on use of electronic cigarettes and/or vapor products to staff and/or visitors to the school should contact their assigned policy consultant.
Tobacco
Students shall not be permitted to use or possess any tobacco product, alternative nicotine product, or vapor product as defined in KRS 438.305 on property owned or operated by the Board, inside Board-owned vehicles, on the way to and from school, and during school-sponsored trips and activities. Students who violate these prohibitions while under the supervision of the school shall be subject to penalties set forth in the local code of acceptable behavior and discipline.
References:
P. L. 107-110 (No Child Left Behind Act of 2001)
KRS 160.290
KRS 160.340
KRS 161.180
KRS 438.050
KRS 438.305
KRS 438.350
OAG 81‑295
OAG 91‑137