West Virginia - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Regulation
Summary: 

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

West Virginia Administrative Code 126-66-4. Implementation.

  • 4.1. All county boards of education, schools and RESAs must have a tobacco control policy that meets the stipulations of this policy and adheres to the following guidelines by January 1, 1998.  A copy of the county policy should be submitted to the Office of Student Services and Assessment in the West Virginia Department of Education for approval.
    • 4.1.1. Administration:  The tobacco control policy should make reference to:
      • a. the responsibility of school administration to implement provisions of this policy, specifically education, communication and enforcement provisions;
      • b. clear procedures for identification, intervention and referral of students with tobacco-related problems; and
      • c. maintenance of an environment for students, staff and visitors that presents no physical harm, discomfort or unsanitary condition resulting from tobacco product use.
    • 4.1.2. Communication: The tobacco control policy must include, at a minimum, procedures for communicating the policy to students, school staff, parents or families, visitors and the community at large.  This policy must be communicated through, at a minimum, the following mechanisms:
      • a. staff development;
      • b. employee and student handbooks;
      • c. parent/guardian notification; and
      • d. general public notification (e.g. signs, announcements)
    • 4.1.3. Prevention Education: The tobacco control policy should reference, at a minimum, required K-12 tobacco prevention education as outlined in the following:
      • a. State Board of Education Policy 2520, Health Education; and
      • b. Safe and Drug-Free Schools guidelines.
    • 4.1.4. Cessation Support Education:  The tobacco control policy must address how the RESA, county or school plans to:
      • a. provide or refer, if available, to voluntary cessation education and support programs which address the physical, psychological and social issues associated with nicotine addiction and provide on-going support and reinforcement necessary for desired behavior change; and
      • b. provide information about available programs to all 7-12 grade students and staff on a regular basis.
  • 4.2. Board Action:  All county boards of education, schools, RESAs and the State Department of Education must develop procedures to assure compliance with the stipulations of this policy.  Compliance is mandatory.
    • 4.2.1. Enforcement provisions for students, staff and the public are to be included in policy.
      • a. Such action for students may include, but is not limited to: counseling, school/community service, parent guardian notification, mandatory education sessions, police notification, and/or prosecution.
      • b. Such action for staff may include, but is not limited to: referral to Employee Assistance Program (EAP), conference with supervisor, and disciplinary actions consistent with county, RESA or State Board of Education personnel policy.
      • c. Such action for the public may include, but is not limited to: request to stop use or leave premises, and police notification.
    • 4.2.2. Enforcement measures should be aligned with:
      • a. State Board of Education Policy 4373, Student Code of Conduct;
      • b. State Board of Education Policy 5310, Personnel Staff Evaluation: Professional Responsibilities and Performance Standards;
      • c. State Board of Education Policy 1461, Drug-Free Workplace; and
      • d. W.Va. Code 16-9A-1 through 16-9A-4, Tobacco Usage Restrictions.
        *4.2.3 In addition, the policy should include referral to law enforcement authorities for appropriate actio on violations of W.Va. Code 16-9A-1 through 16-9A-4 in accordance with measures outlined in individual school, county or RESA policies.
  • 4.3 Policy Review: The tobacco control policy should include provisions to review the policy every two years and make appropriate modifications as necessary.
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