Book A
Section: Foundations and Basic Commitments
Title: Tobacco Use and Possession
Code: ADC
Status: Active
Adopted: April 6, 2006
Last Revised: November 17, 2020
Prior Revised Dates: 5/3/2015, 10/29/19
TOBACCO AND VAPING USE AND POSSESSION
In order to promote the health, welfare and safety of students, staff and visitors and to promote the cleanliness of all facilities, the Portland Board of Public Education (the Board) has adopted a tobacco-free policy that prohibits the use and possession of all tobacco products and paraphernalia, including electronic smoking devices, on all school grounds, school buildings, facilities, on school buses, all school owned or leased vehicles, at school sponsored events, and all functions taking place on school grounds by all individuals (including staff, students, and visitors of all ages). All school buildings and property shall be tobacco-free at all times (24 hours per day, 365 days a year).
The policy applies to the smoking or use of all tobacco products and paraphernalia, including but not limited to, cigarettes, cigars, spit and smokeless tobacco, chew, snuff, snus, electronic cigarettes, vaporizers, vape products, and other electronic nicotine delivery systems.
“Electronic smoking device” means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.
Students are further prohibited from selling, distributing, promoting or dispensing tobacco products, paraphernalia or electronic smoking devices at all times on school property, in school buses or other vehicles used to transport students, and during school-sponsored events and activities, wherever they take place.
Employees and all other persons are also strictly prohibited, under law and Board policy, from selling, distributing or in any way dispensing tobacco products, paraphernalia or electronic smoking devices to students. Employees may not use tobacco products or electronic smoking devices at any time while supervising students, whether on or off school property.
This policy will be communicated through a variety of efforts to educate students, school staff, parents, and visitors. Tobacco-free signs will be posted in highly visible areas at facility entrances and throughout the school property, including athletic facilities. The policy will be listed on the school website and printed in employee, student, and adult education booklets on an annual basis.
Legal Reference: 22 MRSA §§ 1578(B), 1580(A)(3)
Me. PL 470 (An Act to Reduce Tobacco Use By Minors 1989)
20 USC § 7181 (Pro-Children Act of 2001)
Portland City Code, Chapter 17, Article V
Adopted: April 6, 2006
Revised: February 3, 2015; October 29, 2019, November 17, 2020