"Smoking" or "use of tobacco" means possession, use, sale or distribution of tobacco products on campus, or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property.

The public school system strives to provide its students with a safe and secure learning environment, as well as appropriate instruction and school experiences that mutually reinforce good personal health and safety practices. The present practice of condoning tobacco use by employees and other adults on public school campuses, at off-campus events, and at district and state offices seriously undermines and contradicts instruction to students regarding the health hazards of tobacco use. The purpose of this chapter is to implement the tobacco free school system policy. Accordingly, this chapter sets forth who shall be responsible for implementing the tobacco free school system policy, as well as how the policy shall be enforced. This chapter also provides for counseling and rehabilitation assistance to employees who wish to stop smoking.

As used in this chapter, unless a different meaning clearly appears in the context:

"Smoking" means the act of inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar, or pipe.

"Tobacco product" means any substance that contains tobacco, including, but not limited to, chewing tobacco, cigarettes, cigars, pipes, snuff, smoking tobacco, and smokeless tobacco.

(a) Effective September 1, 1993, smoking and other use of tobacco products shall be prohibited at all times, including the following:

• (1) On public school campuses, school vehicles, and off-campus sites under the operational control of the principal or designee, except as part of a bona-fide classroom instruction or theatrical production approved by the principal; and
• (2) In all buildings and facilities, or portions thereof, which are assigned to the district and state offices of the department of education, and which are under the supervision of the district superintendent, assistant superintendents, the superintendent of education, or their designees.

(b) The above prohibitions shall apply to all persons, including the following:

• (1) Students enrolled in community schools for adults, school employees, authorized school visitors and guests;
• (2) Persons participating in or attending a non-school activity or event conducted on the school campus when school is not in session; and
• (3) Employees, visitors, and guests of district and state offices.

(a) Each principal shall be responsible for implementing the provisions of section 8-31-3 with respect to the school campus, school vehicles, and off-campus sites under the operational control of the principal. The principal shall:

• (1) Give written notice by letter to students enrolled in community schools for adults and school employees, and written notice by sign to authorized visitors and guests, that the school is a tobacco free school which conforms to the requirements of this chapter;
• (2) Take appropriate sanctions in accordance with section 8-31-5 against violators; and
• (3) Assist school employees in obtaining counseling and rehabilitation services relating to smoking cessation.

(b) Assistant superintendents, district superintendents, and branch directors in the office of the superintendent shall be responsible for implementing the provisions of section 8-31-3 with respect to district and state offices. These officials shall:

• (1) Give due written notice to employees, visitors, and guests that smoking and the use of other tobacco products are prohibited in the buildings and facilities, or portions thereof, under their respective supervision pursuant to section 8-31-3;
• (2) Take appropriate sanctions in accordance with section 8-31-5 against violators;
• (3) Assist employees in obtaining counseling and rehabilitation services relating to smoking cessation.

(c) The office of personnel services shall be responsible for developing necessary regulations and procedures, and providing schools, district offices, and state offices with implementation assistance regarding employment and employee assistance.

(d) The office of business services shall be responsible for developing necessary regulations and procedures, providing schools, district offices, and state offices with implementation assistance regarding posting appropriate signs and notices prohibiting smoking and the use of tobacco products pursuant to section 8-31-3, and for coordinating the statewide implementation of the tobacco free school system policy in collaboration with the office of personnel services and district offices.

All public schools within the State, from kindergarten through grade twelve, shall prohibit the use of tobacco at public schools or at public school functions.