4040 - (GBED / ADC / JICG) Prohibitions Regarding Use and Possession of Tobacco Products, E-Cigarettes and E-Liquids in and on School Facilities and Grounds

A. Definitions.  

 

"Tobacco product(s)" means any product containing tobacco including, but not limited to,
cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless
tobacco, and smokeless cigarettes, as well as any other product or item included in RSA
126-K:2, XI.

"E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating
element, a battery, and electronic circuits that may or may not contain nicotine or e-
liquid. This term shall include such devices whether they are manufactured as e-cigarettes,
e-cigars, or e-pipes, or under any other product name as well as any other product or item
included in RSA 126-K:2, II-b. 

"Liquid nicotine" means any liquid product composed either in whole or in part of pure
nicotine and propylene glycol and manufactured for use with e-cigarettes, as well as any
other product or item included in RSA 126-K:2, III-a.

 

"Facility" is any place which is supported by public funds and which is used for the
instruction of students enrolled in preschool programs and in all grades maintained by the
District. This definition shall include all administrative buildings and offices and areas within
facilities supportive of instruction and subject to educational administration, including, but
not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study
areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.

No student shall purchase, attempt to purchase, possess or use any tobacco product,
device, E-cigarette, E-liquid, or liquid nicotine in any facility, in any school vehicle or
anywhere on school grounds.

Enforcement of the prohibition against students shall initially rest with building principals, or
their designees, who may also report any violation to law enforcement, for possible
juvenile, criminal or other proceedings as provided under state law.  Additional
consequences may be administered pursuant to printed student conduct rules.

 

No employee shall use any tobacco product, device, E-cigarette, E-liquid, or liquid
nicotine, in any facility, in any school vehicle or anywhere on school grounds.
Initial responsibility for enforcement of this prohibition shall rest with building principals, or
their designees.  Any employee(s) who violate(s) this policy is subject to disciplinary action,
up to and including termination.  Violations may also be referred to appropriate law
enforcement and/or other appropriate agencies for criminal or other proceedings as
provided under state law. 

No visitor, contractor, vendor or other member of the public, shall use any tobacco product,
device, E-cigarette, E-liquid, or liquid nicotine in any facility, in any school vehicle, or
anywhere on school grounds.

The building principal(s), and where appropriate, other site supervisor (athletic director,
vehicle driver, etc.), or their designee(s), shall have the initial responsibility to enforce this
section, by requesting that any person who is violating this policy to immediately cease the
use of tobacco products, E-cigarette or liquid nicotine. After this request is made, if any
person refuses to refrain from using such products in violation of this policy, the principal,
site supervisor, or designee may call contact the appropriate law enforcement agency(ies)
for possible criminal or other proceedings as provided under state law.

The Superintendent shall establish administrative rules and procedures to implement this
policy, which rules and procedures may be building level and/or district-wide.  Rules and
procedures relating to student violations and resulting disciplinary consequences should be
developed in consultation with building principal(s).  

The Superintendent, working with the building principal(s), shall provide annual notice to
employees, students and parents of the pertinent provisions of this policy (e.g., student or
staff handbook) along with applicable administrative regulations and procedures, which
may include prescribed consequences for violations of this policy.  Such notice should
include information that violation of this Policy could lead to criminal or other such
proceedings.

Signs shall be placed by the District in all buildings, facilities and school vehicles stating
that the use of tobacco products is prohibited.

RSA 155:64 – 77, Indoor Smoking Act
RSA 126-K:2, Definitions
RSA 126–K:6, Possession and Use of Tobacco Products by Minors
RSA 126-K:7, Use of Tobacco Products on Public Educational Grounds Prohibited

Adopted: 3/1991
Revised: 12/1998, 9/1999, 5/2000, 10/2015, 4/4/2022