158.149 Use of tobacco products, alternative nicotine products, and vapor products
878 words·~4 min read·
/ky/158-149A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
on school property and during school activities -- Written policies -- Penalties -
- Department to post nicotine awareness information on website -- Annual
reports.
(1)As used in this section:
(a)"Alternative nicotine product" has the same meaning as in KRS 438.305;
(b)"Tobacco product" has the same meaning as in KRS 438.305; and
(c)"Vapor product" has the same meaning as in KRS 438.305.
(2)The use of any tobacco product, alternative nicotine product, or vapor product:
(a)Shall be prohibited for all persons and at all times on or in all property,
including any vehicle, that is owned, operated, leased, or contracted for use by
a local board of education;
(b)Shall be prohibited for all students while attending or participating in any
school-related student trip or student activity; and
(c)Shall be prohibited for school district employees, volunteers, and all other
individuals affiliated with a school while the user is attending or participating
in any school-related student trip or student activity and is in the presence of a
student or students.
(3)Each local board of education shall implement this section by adopting written
policies that prohibit the use of tobacco products, alternative nicotine products, and
vapor products pursuant to this section. The policies shall provide for:
(a)The distribution of evidence-based, age-appropriate nicotine prevention and
cessation material to all students of the district at the beginning of each school
year;
(b)Access to evidence-based, age-appropriate nicotine prevention and cessation
material throughout the school year for all students of the district;
(c)Adequate notice regarding the policy to be provided to students, parents and
guardians, school employees, and the general public;
(d)A requirement to post signage on or in all property, including any vehicle, that
is owned, operated, leased, or contracted for use by a local board of education,
clearly stating that use of tobacco products, alternative nicotine products, and
vapor products is prohibited at all times and by all persons on or in the
property; and
(e)A requirement that school employees enforce the policies.
(a)A person who violates subsection
(2)of this section, or policies adopted by a
local board of education pursuant to subsection
(3)of this section, shall be
subject to penalties as set forth by the local board of education.
(b)In the district's code of acceptable behavior and discipline formulated under
KRS 158.148(5), each local board of education shall include a policy which,
at a minimum, provides that if a student under the age of twenty-one
violates subsection
(2)of this section, then the district will confiscate the
alternative nicotine products, tobacco products, or vapor products and:
1. For the first incident, the school counselor or other school-based mental
health services provider shall provide to the parent or guardian and the
student evidence-based, age-appropriate nicotine cessation information
to include but not be limited to materials, programs, and referrals for
treatment;
2. A second incident shall result in providing information as required in
subparagraph 1. of this paragraph and disciplinary action as determined
by the board and included in the district's code of acceptable behavior
and discipline; and
3. The third and subsequent incidents may result in an in-school or out-of-
school suspension of that student. The school shall provide the
opportunity for a student to complete an evidence-based, age-
appropriate nicotine education program during an in-school suspension.
(5)Nothing in this section shall be interpreted or construed to:
(a)Permit use of a tobacco product, alternative nicotine product, or vapor
product, where it is otherwise restricted by this section, other state or federal
law, administrative regulation, or executive order;
(b)Prevent a local board of education or any other local governmental entity from
adopting local ordinances, regulations, or policies relating to use of a tobacco
product, alternative nicotine product, or a vapor product, in public places of
employment, and nonenclosed areas, that are more restrictive than what is
provided for in this section; or
(c)Repeal any existing local ordinances, regulations, or policies that provide
restrictions on the use of a tobacco product, alternative nicotine product, or
vapor product, in addition to those provided for in this section.
(6)By August 1, 2024, the department, after consultation with the Cabinet for Health
and Family Services, shall post on its website nicotine awareness information to
include but not be limited to the various types of products containing nicotine, the
health issues associated with nicotine, and a list of evidence-based cessation
programs available to school districts.
(7)The department, regional educational cooperatives, and local boards of education
may identify and apply for grant opportunities relating to nicotine usage, including
but not limited to nicotine cessation, vaping, and tobacco products containing
nicotine, and the health consequences of the use of nicotine products.
(8)No later than August 1 of each year, each local board of education shall submit a
report to the department that includes:
(a)The number of behavior incidents for each product defined in subsection
of this section, listed by school and grade; and
(b)The number of incidents in paragraph
(a)of this subsection for which medical
intervention was provided, listed by school, grade, and product.
(9)No later than September 1 of each year, the department shall submit a report to the