The School Board adopted Policy 222 that prohibits the possession, use, purchase, sale of tobacco products including nicotine on school property, on school district transportation vehicles and at any school sponsored activity. Policy 222 is available for review during school hours at the School District’s administrative offices and at any time on the School District’s website. The Student Handbook provides a summary of Policy 222, but the full text of the Policy should be read by parents/guardians and students. Under Policy 222 students are prohibited from possession, use, purchase, or sale of tobacco and vaping products. The prohibition regarding tobacco products applies at any time when a student is in a school building; in any vehicle being used for school transportation; on any property owned, leased or controlled by the School District; or at school-sponsored activity that is held off school property. The Policy has a definition for “tobacco product”. The definition is broadly defined to encompass not only tobacco but also vaping devices. The definition includes any product made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, a cigarette, cigar, little cigar, chewing tobacco, pipe tobacco, snuff and snus. The definition includes any electronic device that delivers a tobacco product or other substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe and a hookah. The Policy prohibitions include a lighted or unlighted cigarette, cigar and pipe; other lighted smoking product; smokeless tobacco in any form; “smokeless” cigarettes, vapes or vape cartridges, or E-smoking devices. Under the Guidelines of Policy 222, the prohibition of tobacco products includes student possession or use of products marketed and sold as tobacco cessation products or for other therapeutic purposes, (except as authorized in the Board’s Medication policy) and the possession of any form of medical marijuana. Policy 222 authorizes the confiscation and disposal of products prohibited under the Policy. A student also violates Policy 222 if the student tampers with devices installed to detect use of tobacco or vaping products. A student who violates Policy 222 may be disciplined as follows:
- First Offense: One-day exclusion (in school or out of school).
- Second Offense: Three-day exclusion (in school or out of school).
- Third Offense and Subsequent Offenses: Further exclusions (in school or out of school), the duration of which will be based on administrative discretion.
All discipline may include a prosecution before a Magistrate Judge in accordance with Pennsylvania law and Policy 222. Under Pennsylvania law and Policy 222, a student who commits an offense related to a tobacco product is subject to prosecution initiated by the School District or by local law enforcement including the District’s School Resource Officer. If convicted, the student may be sentenced to pay a fine of not more than $50 and to pay court costs. Instead of paying a fine, the Court has discretion to admit the student to an adjudication alternative. The offense is classified as a summary under Pennsylvania law, but shall not constitute a criminal offense of record or is it reportable as a criminal act. However, the School District will report the offense under its annual report to the PA Department of Education without disclosure of personal identifiable information, unless disclosure is otherwise required by law. Parents/Guardians will be notified of any violation of the Policy and the District’s decision to initiate a prosecution or refer the matter to local law enforcement.