AB 9, as introduced, Thurmond. Tobacco use programs.
Existing law establishes the Tobacco Education and Research Oversight Committee to provide advice to the State Department of Public Health and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs. Existing law requires the State Department of Education to allocate funds to county offices of education for tobacco use prevention, intervention, and cessation activities. Existing law also requires that all school districts and county offices of education that receive funding, as specified, adopt and enforce a tobacco-free campus policy, no later than July of each fiscal year, prohibiting the use of tobacco products, any time, in district-owned or leased buildings, on district property and in district vehicles.
This bill would expand eligibility for funding for the tobacco use prevention program to include charter schools. The bill would require the State Department of Education to require that all school districts, charter schools, and county offices of education receiving funding under the program adopt and enforce a tobacco-free campus policy prohibiting the use of products containing tobacco and nicotine, as specified, in and on the properties described above and would, in addition, prohibit the use of tobacco and nicotine products in a county office of education, charter school or school district-owned or leased building, on school or district property, and in school or district vehicles without regard to whether those entities receive funding. The bill would also require school districts, charter schools, and county offices of education to prominently display signs at all entrances to school property stating “Tobacco use is prohibited.” The bill would make other technical and clarifying changes.
By imposing new duties on school districts and county offices of education, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 104420 of the Health and Safety Code
2 is amended to read:
The State Department of Education shall provide the
4leadership for the successful implementation of this article in
5programs administered by local public and private schools, school
6districts, and county offices of education. The State Department
7of Education shall do all of the following:
8(a) Provide a planning and technical assistance program to carry
9out its responsibilities under this article.
10(b) Provide guidelines for schools, school districts, and school district consortia to follow in the preparation
12of plans for implementation of antitobacco use programs for
13schoolage populations. The guidelines shall:
14(1) Require the applicant agency to select one or more model
15program designs and
begin delete shallend delete permit the applicant to modify the model
16program designs to take special local needs and conditions into
P3 1(2) Require the applicant agency to prepare for each target
2population to be served a description of the service to be provided,
3an estimate of the number to be served, an estimate of the success
begin delete rateend delete and a method to determine to what extent goals have
6(3) Require plan submissions to include a staffing configuration
7and a budget setting forth use and distribution of funds in a clear
8and detailed manner.
9(c) Prepare model program designs and information for schools,
10school districts, consortia, and county offices of education to follow
11in establishing direct service programs to targeted populations.
12Model program designs shall, to the extent feasible, be based on
13studies and evaluations that determine which service delivery
14systems are effective in reducing tobacco use and are cost effective.
15The State Department of Education shall consult with the
16department, and school districts with existing antitobacco programs
17in the preparation of model program designs and information.
18(d) Provide technical assistance for schools, school districts,
19and county offices of education regarding the prevention and
20cessation of tobacco use. In fulfilling its technical assistance
21responsibilities, the State Department of Education may establish
22a center for tobacco use prevention that shall identify, maintain,
23and develop instructional materials and curricula encouraging the
24prevention or cessation of tobacco use. The State Department of
25Education shall consult with the department and others with
26expertise in antitobacco materials or curricula in the preparation
27of these materials and curricula.
28(e) Monitor the implementation of programs that it has approved
29under this article to ensure successful implementation.
30(f) Prepare guidelines within 180 days of
begin delete the effective date of for a school-based program of
31this articleend delete
32outreach, education, intervention, counseling, peer counseling,
33and other activities to reduce and prevent smoking among
35(g) Assist county offices of education to employ a tobacco use
36prevention coordinator to assist local schools and local public and
37community agencies in preventing tobacco use by pupils.
38(h) Train the tobacco use prevention coordinators of county
39offices of education so that they are:
P4 1(1) Familiar with relevant research regarding the effectiveness
2of various kinds of antitobacco use programs.
3(2) Familiar with department guidelines and requirements for
4submission, review, and approval of school-based plans.
5(3) Able to provide effective technical assistance to schools and
7(i) Establish a tobacco-free school recognition awards program.
8(j) As a condition of receiving funds pursuant to this article, the
9State Department of Education, county offices of education, and school districts shall ensure that they coordinate their
11efforts toward smoking prevention and cessation with the lead
12local agency in the community where the local school district is
14(k) (1) Develop, in coordination with the county offices of
15education, and administer a competitive grant program for
16school-based, antitobacco education programs and tobacco use
17intervention and cessation activities in order to reduce the number
18of pupils who begin to use tobacco, continue to use tobacco, or
19both. Grants shall be awarded, after consultation with local lead
20agencies, the committee, and representatives of nonprofit
21organizations dedicated to the reduction of tobacco-associated
22disease, to school
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23offices of education for all pupils in grades 6 to 12, inclusive, that
24comply with the requirements of paragraphs (2) and, if applicable,
26(2) Every school
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27office of education that receives a grant pursuant to this section
begin delete tobacco-useend delete prevention instruction that
29addresses all of the following essential topics:
30(A) Immediate and long-term undesirable physiologic, cosmetic,
31and social consequences of tobacco use.
32(B) Reasons that adolescents say they smoke or use tobacco.
33(C) Peer norms and social influences that promote tobacco use.
34(D) Refusal skills for resisting social influences that promote
36(3) Every school
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37office of education that receives a grant pursuant to this section
38for pupils in grades 7 to 12, inclusive, shall provide
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39 intervention and cessation activities targeted for pupils
begin delete high riskend delete groups.
P5 1(4) The State Department of Education shall develop criteria
2and standards for the allocation of grant awards that consider the
3need to balance rural, suburban, and urban projects. In addition,
4the State Department of Education shall give priority to applicants
5and programs that do all of the following:
6(A) Target current smokers and pupils most at risk for beginning
7to use tobacco.
8(B) Offer or refer pupils to cessation classes for current smokers.
9(C) Utilize existing antismoking resources, including local
10antismoking efforts by local lead agencies and competitive grant
12(D) Design the project to coordinate with other community
13services, including, but not limited to, local health agencies,
14voluntary health organizations, and parent organizations.
15(E) Design the project to use and develop existing services and
17(F) Demonstrate an understanding of the role that the
18environment and community norms play in influencing tobacco
20(5) Available funds shall determine grant award amounts.
21(l) Allocate funds to county offices of education to provide
22technical assistance and leadership for tobacco use prevention,
23intervention, and cessation programs. The funds shall be allocated
24to all participating county offices of education at a minimum
25amount of thirty-seven thousand five hundred dollars ($37,500).
26If funds appropriated for purposes of allocating at least thirty-seven
27thousand five hundred dollars ($37,500) to all participating county
28offices of education are insufficient, the Superintendent of Public
29Instruction shall prorate available funds among participating county
30offices of education ensuring that all participating county offices
31of education receive an equal minimum level of funding of
32thirty-seven thousand five hundred dollars ($37,500). If funds are
33sufficient to provide all participating county offices of education
34a minimum of thirty-seven thousand five hundred dollars ($37,500),
35the remaining funds shall be allocated according to the following
36schedule based on average daily attendance in the prior year
37credited to all elementary, high, and unified school districts, and
38to the county superintendent of schools within the county as
39certified by the Superintendent of Public Instruction:
P6 1(1) For counties with over 550,000 units of average daily
2attendance, thirty cents ($0.30) per average daily attendance.
3(2) For counties with more than 100,000 and less than 550,000
4units of average daily attendance, sixty-five cents ($0.65) per
5average daily attendance.
6(3) For counties with more than 50,000 and less than 100,000
7units of average daily attendance, ninety cents ($0.90) per average
9(4) For counties with more than 37,500 and less than 50,000
10units of average daily attendance, one dollar ($1) per average daily
12(5) For counties with less than 37,500 units of average daily
13attendance, thirty-seven thousand five hundred dollars ($37,500).
14(m) Allocate funds appropriated by
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16to school districts and county offices of education based on average
17daily attendance reported in the second principal apportionment
18in the prior fiscal year.
19(n) (1) Provide that all school
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20 and county offices of education that receive funding under
21subdivision (m) make reasonable progress toward providing a
22tobacco-free environment in school facilities for pupils and
begin delete Allend delete begin delete end delete school begin delete districtsend delete and county offices of education that receive funding
26pursuant to paragraph (1)
begin delete shallend delete adopt and enforce a tobacco-free
27campus policy no later than July of each fiscal year. The policy
28shall prohibit the use of tobacco
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29 any time, in
32 district-owned or leased buildings, on district
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33 and in district vehicles. Information about the policy
36and enforcement procedures shall be communicated clearly to
37school personnel, parents, pupils, and the larger community. Signs
38stating “Tobacco use is prohibited” shall be prominently displayed
39at all entrances to school
begin delete property.end delete Information about smoking cessation support programs
P7 1shall be made available and encouraged for pupils and staff. Any
begin delete districtend delete or county office of education
3that does not have a tobacco-free district policy implemented by
4July 1, shall not be eligible to apply for funds from the Cigarette
5and Tobacco Products Surtax Fund for that fiscal year.
Section 104466 of the Health and Safety Code is
7amended to read:
Notwithstanding subdivision (a) of Section 2.00 of
9the Budget Act of 2002 and any other provision of law,
10commencing with the appropriation for the 2002-03 fiscal year,
11and for each fiscal year thereafter, any amount appropriated to the
12department to implement
13the following tobacco use prevention programs shall be available
14for encumbrance and expenditure for three fiscal years beyond the
15date of the appropriation:
16(a) The program to evaluate tobacco control programs provided
17for in subdivisions (b) and (c) of Section 104375.
tobacco use prevention media campaign provided for
19in subdivision (e) of Section 104375.
20(c) The competitive grant program provided for in Section
22(d) The local lead agency tobacco use prevention programs
23provided for in Section 104400.
24(e) The tobacco use prevention program directed at schools
25provided for in Sections 104420,
begin delete 104425,end delete 104430, and 104435.
Article 4 (commencing with Section 104559) is added
27to Chapter 1 of Part 3 of Division 103 of the Health and Safety
28Code, to read:
(a) The use of tobacco and nicotine products is
33prohibited at any time in a county office of education, charter
34school or school district-owned or leased buildings, on school or
35district property, and in school or district vehicles. This includes,
36but is not limited to, smokeless tobacco, snuff, chew, clove
37cigarettes, and other nicotine-delivery devices, such as electronic
P8 1(b) School districts, charter schools, and county offices of
2education shall prominently display signs at all entrances to school
3property stating “Tobacco use is prohibited.”
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.