The Board of Education believes that the right of persons to use tobacco must be balanced against the right of those who do not use tobacco to breathe air untainted by tobacco.

For purposes of this policy, "use of tobacco" means a cigar, cigarette, pipe, chewing tobacco, smokeless tobacco, or any other matter or substances that contain tobacco.

In order to protect students and staff who choose not to use tobacco from an environment noxious to them, and because the Board cannot, even by indirection, condone the use of tobacco, the Board prohibits the use of tobacco products in school buildings, on school grounds, and at any school-sponsored function.

This policy shall apply at all times to any building, property or vehicle leased, owned or operated by the Board. This policy shall apply to any private building, or other property including automobiles or other vehicles used for school activities when students or staff are present.

No person shall distribute or use any tobacco product in any area at any time. In no case shall any student possess any tobacco product while on school grounds, in any County-owned vehicle or at any school-sponsored function.

Individuals supervising students off school grounds are prohibited from distributing or using any tobacco product while in the presence of students or at any time while engaged in any activities directly involving students.

No school or Board property, as defined in this policy, or school, county, publication may be used for advertising of any tobacco product.

Public Notification should include, at a minimum, the placing of signs indicating tobacco free area on school grounds and vehicles; and/or announcements of the policy at all school and county sponsored functions. Each school may decide how to best assure compliances with the tobacco control policy for off-campus activities.

Additionally, it shall be the responsibility of each school to select appropriate procedures for communicating the policy to parents or families, visitors and the community at large.

Groups using areas described in this policy shall sign agreements with the Board agreeing to comply with this policy and to inform students, parents, and spectators that this policy remains in force on evenings, weekends, and other times that school is not in session.

Enforcement procedures for persons other than employees and students is as follows:

WV State Board of Education Policy 2422-5A
WV Code St. R. 126-66-1 (2005)
WV State Board of Education Policy 4373
WV Code St. R. 126-99-1 (2005)
WV Code 16-9A-1 et seq.
20 U.S.C. 6081 et seq.
U.S.D.O.E. Memorandum, 1995

Revised 8/26/08