Delaware - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law requires districts to adopt comprehensive tobacco-free school policies that address most or all CDC components.

Delaware Code 16-2903 Smoking restrictions.

Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any indoor enclosed area to which the general public is invited or in which the general public is permitted, including, but not limited to:

  • (1) Public meetings;
  • (2) Elevators;
  • (3) Government owned and/or operated means of mass transportation including buses, vans, trains, taxicabs and limousines;
  • (4) Grocery stores;
  • (5) Gymnasiums;
  • (6) Jury waiting and deliberation rooms;
  • (7) Courtrooms;
  • (8) Child day care facilities;
  • (9) Health-care facilities including hospitals, health care clinics, doctor's offices or other health-care-related facilities;
  • (10) Any workplace not exempted;
  • (11) Restrooms, lobbies, reception areas, hallways and other common-use areas;
  • (12) Restaurants as licensed by the Division of Public Health or defined by Title 4;
  • (13) Gaming facilities that are open to the public;
  • (14) Any indoor sports arena;
  • (15) Lobbies, hallways and other common areas in apartment buildings, condominiums and other multiple-unit residential facilities;
  • (16) Lobbies, hallways and other common areas in hotels and motels, and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests;
  • (17) Bowling alleys;
  • (18) Billiard or pool halls;
  • (19) Retirement facilities and nursing homes not including any private residence;
  • (20) Public buildings;
  • (21) Auditoria;
  • (22) Theaters;
  • (23) Museums;
  • (24) Libraries;
  • (25) Public and nonpublic schools;
  • (26) Other educational and vocational institutions.
  • (27) Establishments defined as a motorsports speedway, tavern or taproom by Title 4.

Delaware Administrative Code 14-877 Tobacco Policy

1.0  Required Policy

  • In order to improve the health of students and school personnel, each school district and charter school in Delaware shall have a policy which at a minimum:
  • 1.1 Prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in school leased or owned vehicles, even when they are not used for student purposes, and at all school affiliated functions.
  • 1.2 Includes procedures for communicating the policy to students, school staff, parents, guardians or Relative Caregivers, families, visitors and the community at large.
  • 1.3 Makes provisions for or refers individuals to voluntary cessation education and support programs that address the physical and social issues associated with nicotine addiction.

2.0  The Tobacco Policy Shall Apply to

  • 2.1 Any building, property or vehicle leased, owned or operated by a school district, charter school or assigned contractor.
    • 2.1.1 School bus operators under contract shall be considered staff for the purpose of this policy.
  • 2.2 Any private building or other property including automobiles or other vehicles used for school activities when students and staff are present.
  • 2.3 Any non educational groups utilizing school buildings or other educational assets.
  • 2.4 Any individual or a volunteer who supervises students off school grounds.

3.0 No School or School District Property May Be Used for the Advertising of any Tobacco Product

4.0  Reporting Requirements and Timelines

  • 4.1 Each public school district and charter school shall have an electronic copy of its current tobacco policy on file with the Department of Education.
  • 4.2 Each public school district and charter school shall provide an electronic copy of any tobacco policy within ninety (90) days of such revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance or policies.

1 DE Reg. 1807 (5/1/98)

6 DE Reg. 1504 (5/1/03)

11 DE Reg. 1463 (05/01/08)

Policy Links: