SCHOOL TOBACCO CONTROL
The purpose of this FAQ is to inform and educate the
general public on the laws pertaining to tobacco use and
possession by pupils and use by any person other than
pupils on school property within the Commonwealth of Pennsylvania.
Pay particular attention to the highlighted text below.
The bottom line is the use of tobacco by anyone on
school property is PROHIBITED according to
Pennsylvania State Legislation.
FACTS:
Pennsylvania's Crimes Code, Title 18
Pa.C.S. §6306.1. Use of tobacco
in schools prohibited
(a) Offense
defined.-A pupil who possesses or uses tobacco in a
school building, a school bus or on school
property owned by, leased by or under the control of a
school district commits a summary offense.
(b) Grading.-A pupil who commits an offense under
this section shall be subject to prosecution initiated
by the local school district and shall, upon conviction,
be sentenced to pay a fine of not more than $50 for the
benefit of the school district in which such offending
pupil is charged with violating subsection (a), the
court may admit the offender to an adjudication
alternative as authorized under 42 Pa.C.S. §1520
(relating to adjudication alternative program) in lieu
of imposing the fine.
(c) Nature of offense.-A summary offense under this
section shall not be a criminal offense of record, shall
not be reportable as a criminal act and shall not be
placed on the criminal record of the offending
school-age person if any such record exists.
(d) Definitions.-As used in this section, the
following words and phrases shall have the meanings
given to them in this subsection.
"Pupil." A person between the ages of 6 and 21
years who is enrolled in school.
"School." A school operated by a joint board,
board of directors or school board where pupils are
enrolled in compliance with article XIII of the act of
March 10, 1949 (P.L. 30, No. 14), known as the Public
School Code of 1949, including area vocational schools
and intermediate units.
"Tobacco." A lighted or unlighted cigarette,
cigar, pipe or other lighted smoking product and
smokeless tobacco in any form.
Pennsylvania
Department of Education, Safe and Drug Free Schools and
Communities
Act 128 of 2000
[Fire and Panic Act of 1927 (P.L. 465,
No. 299)]
Section 3.5 School Tobacco Control.
(a) (1) Tobacco use or possession by pupils is
prohibited in school buildings and on buses, vans or
other vehicles owned by, leased by or under the control
of a school district; and on property owned by, leased
by or under the control of a school district.
(2)
Tobacco use by any person other than a pupil is
prohibited in school buildings; and on buses, vans or
other vehicles owned by, leased by or under the control
of a school district; and on property owned by, leased
by or under the control of a school district.
(3) The board of
school directors may designate certain areas on property
owned by, leased by or under the control of the school
district where tobacco use by persons other than pupils
is permitted. Such areas shall be no less than
fifty (50) feet from school buildings, stadiums or
bleachers.
(b) (1) The board of school directors may
designate smoking areas for employees and shall
establish policy to enforce the prohibition of tobacco
use under this section and may further establish policy
relating to tobacco use at school-sponsored events which
are held off school premises.
(2) The board of
school directors shall notify employees, pupils and
parents of the policy developed in subsection (b) (1) by
publishing information in a student handbook and parent
newsletter, and on posters or other efficient means.
(b.1) An offense under this section shall be
deemed an offense under 18 Pa. C.S.
§6306.1 relating to use of tobacco in schools
prohibited.
(c) This section supersedes any municipal
ordinance or school board regulation to the contrary.
For additional information contact:
PA Department of Education
Division of Student and Safe School Services
333 Market Street, 5th Floor
Harrisburg, PA 17126-0333
Voice (717) 772-2813
TTY (717) 783-8445
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