ADC-R - Tobacco Use and Possession Administrative Procedure
Book A
Section: Foundations and Basic Commitments
Title: Tobacco Use and Possession Administrative Procedure
Code: ADC-R
Status: Active
Adopted: February 3, 2015
Reviewed: November 17, 2020
TOBACCO USE AND POSSESSION ADMINISTRATIVE PROCEDURE
This administrative procedure provides for enforcement of The Portland Board of Public Education (“Board”) Policy ADC. School administrators will use the following guidelines to respond to violations of the policy, but decisions as to appropriate action may take into account information relevant to the violation, such as disciplinary history and other circumstances related to the violation.
I.TOBACCO EDUCATION
As capacity allows, students and appropriate student groups will be supported to participate in the tobacco-free school initiative, including but not limited to, increasing policy awareness, implementing policy compliance strategies, and educating students on the dangers of tobacco use and secondhand smoke exposure.
Age-appropriate tobacco prevention, use, and exposure education will be incorporated into the comprehensive health education curriculum in alignment with the Maine Learning Results Education Standards and will include awareness of the tobacco-free policy.
II. RESPONSES
A. Student Violations—Possession/use of prohibited products
If a student is found in violation of the tobacco use and possession policy and is found in possession of or using prohibited products, the following steps will be taken:
a. Parents/legal guardians shall be notified regarding the violation.
b. All prohibited product will be confiscated and disposed of by school personnel.
c. A referral will be made for an evaluation by appropriate school personnel to determine the need for appropriate tobacco cessation programming resources.
d. A meeting with the student, an administrator, parent/guardian, and a school social worker or other appropriate staff will be held to determine the overall response plan.
e. A response plan for a student caught using or possessing prohibited products will be based on the meeting, the assessment, best practice interventions for tobacco cessation, and available resources to address the needs of the student. The group will attempt to reach consensus on the plan, but in the event consensus is not possible or the parents/guardians and/or student refuse to complete the assessment, the administrator will make the final decision based on the following factors:
i.Substance use treatment history
ii.History of other discipline problems
iii.Student attitude and responsibility for actions
iv.Level of involvement in school activities and academics
v.Parental support for options
Administrators may choose for the following list of options to be included in the student’s response plan and the plan may be progressive in severity depending on the number of offenses the student has incurred:
i.Meeting with the school social worker or other appropriate school personnel
ii.Tobacco Education and/or Cessation Programming
iii.Community service
iv.Detention and/or Suspension as appropriate (may be reduced or eliminated based on completion of the response plan)
B. Student Referral to Law Enforcement Agency
The Superintendent/ designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as they may deem necessary. However, the Superintendent/designee shall refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing prohibited products.
C. Employees
1. First Incident – A verbal warning will be given by the appropriate supervisor.
2. Second Incident – The incident shall be documented in a formal written reprimand, and a copy will be placed in the employee’s personnel file.
3. Third Incident – A meeting will be held between the employee and the appropriate administrator who shall determine the consequences, which may include further discipline up to loss of pay.
*Referral to tobacco cessation program may occur at any time at the discretion of the Superintendent.
D. Visitors and Others
Visitors are required to comply with Board Policy ADC, at all times, including at events conducted by non-school organizations. and
Anyone found smoking or using prohibited products will be asked by a school official to refrain from such activity while on PPS property. If the visitor does not comply, they will be asked to leave, and law enforcement assistance may be requested if necessary.
In addition, any person suspected of selling, distributing or in any way dispensing prohibited products to students may be referred to a law enforcement agency.
II. NOTICES
This Board’s policy and procedure shall be included in employee and student handbooks and posted on the school and district websites.
LOCAL TOBACCO CESSATION RESOURCES
(Some programs are free; all for information)
School Nurse
School Based Health Centers
Tobacco Prevention Program
Portland Public Health Division
389 Congress Street
Portland, ME 04101
207-541-6956
Maine Tobacco Helpline
Center for Tobacco Independence
1-800-207-1230
This Is Quitting
Truth Initiative- National program
Text to quit line, free advice, tips, inspiration for parents and students
Text “DITCHJUUL” to 88709
Maine Medical Center
Pulmonary/Critical Care Medicine
Group and individual counseling and support
871-3130
Martin’s Point Education Center
Health for Smokers (ongoing weekly group session) Mondays 5:00 – 6:00 pm
828-2497 or 1-800-260-6681
Mercy Hospital
Pulmonary Medicine
Group and individual counseling
879-3445
Legal References: 20 USC § 6081-6084 (Pro-Children Act of 1994)
22 MRSA § 1578-B
Me. PL 470 (An Act to Reduce Tobacco Use By Minors)
Updated: February 3, 2015