AB 9, as amended, 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, county
begin delete offices,end delete and school district consortia to follow
12in the preparation of plans for implementation of antitobacco use
13programs for schoolage populations. The guidelines shall:
14(1) Require the applicant agency to select one or more model
15program designs and 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
4rate, and a method to determine to what extent goals have been
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 January 1, 1996, for
31a school-based program of outreach, education, intervention,
32counseling, peer counseling, and other activities to reduce and
33prevent smoking among schoolage youth.
34(g) Assist county offices of education to employ a tobacco use
35prevention coordinator to assist local schools and local public and
36community agencies in preventing tobacco use by pupils.
37(h) Train the tobacco use prevention coordinators of county
38offices of education so that they are:
39(1) Familiar with relevant research regarding the effectiveness
40of various kinds of antitobacco use programs.
P4 1(2) Familiar with department guidelines and requirements for
2submission, review, and approval of school-based plans.
3(3) Able to provide effective technical assistance to schools and
5(i) Establish a tobacco-free school recognition awards program.
6(j) As a condition of receiving funds pursuant to this article, the
7State Department of Education, county offices of education, charter
8schools, and school districts shall ensure that they coordinate their
9efforts toward smoking prevention and cessation with the lead
10local agency in the community where the local school district is
12(k) (1) Develop, in coordination with the county offices of
13education, and administer a competitive grant program for
14school-based, antitobacco education programs and tobacco use
15intervention and cessation activities in order to reduce the number
16of pupils who begin to use tobacco, continue to use tobacco, or
17both. Grants shall be awarded, after consultation with local lead
18agencies, the committee, and representatives of nonprofit
19organizations dedicated to the reduction of tobacco-associated
20disease, to school districts, charter schools, and county offices of
21education for all pupils in grades 6 to 12, inclusive, that comply
22with the requirements of paragraphs (2) and, if applicable, (3).
23(2) Every school district, charter school, and county office of
24education that receives a grant pursuant to this section shall provide
25tobacco use prevention instruction that addresses all of the
26following essential topics:
27(A) Immediate and long-term undesirable physiologic, cosmetic,
28and social consequences of tobacco use.
29(B) Reasons that adolescents say they smoke or use tobacco.
30(C) Peer norms and social influences that promote tobacco use.
31(D) Refusal skills for resisting social influences that promote
33(3) Every school district, charter school, and county office of
34education that receives a grant pursuant to this section for pupils
35in grades 7 to 12, inclusive, shall provide tobacco use intervention
36and cessation activities targeted for pupils in high-risk groups.
37(4) The State Department of Education shall develop criteria
38and standards for the allocation of grant awards that consider the
39need to balance rural, suburban, and urban projects. In addition,
P5 1the State Department of Education shall give priority to applicants
2and programs that do all of the following:
3(A) Target current smokers and pupils most at risk for beginning
4to use tobacco.
5(B) Offer or refer pupils to cessation classes for current smokers.
6(C) Utilize existing antismoking resources, including local
7antismoking efforts by local lead agencies and competitive grant
9(D) Design the project to coordinate with other community
10services, including, but not limited to, local health agencies,
11voluntary health organizations, and parent organizations.
12(E) Design the project to use and develop existing services and
14(F) Demonstrate an understanding of the role that the
15environment and community norms play in influencing tobacco
17(5) Available funds shall determine grant award amounts.
18(l) Allocate funds to county offices of education to provide
19technical assistance and leadership for tobacco use prevention,
20intervention, and cessation programs. The funds shall be allocated
21to all participating county offices of education at a minimum
22amount of thirty-seven thousand five hundred dollars ($37,500).
23If funds appropriated for purposes of allocating at least thirty-seven
24thousand five hundred dollars ($37,500) to all participating county
25offices of education are insufficient, the Superintendent of Public
26Instruction shall prorate available funds among participating county
27offices of education ensuring that all participating county offices
28of education receive an equal minimum level of funding of
29thirty-seven thousand five hundred dollars ($37,500). If funds are
30sufficient to provide all participating county offices of education
31a minimum of thirty-seven thousand five hundred dollars ($37,500),
32the remaining funds shall be allocated according to the following
33schedule based on average daily attendance in the prior year
34credited to all elementary, high, and unified school districts, and
35to the county superintendent of schools within the county as
36certified by the Superintendent of Public Instruction:
37(1) For counties with
begin delete overend delete
550,000 units of average
38daily attendance, thirty cents ($0.30) per average daily attendance.
P6 1(2) For counties with
begin delete more thanend delete 100,000 and less than
2550,000 units of average daily attendance, sixty-five cents ($0.65)
3per average daily attendance.
4(3) For counties with
begin delete more thanend delete 50,000 and less than
5100,000 units of average daily attendance, ninety cents ($0.90)
6 per average daily attendance.
7(4) For counties with
begin delete more thanend delete 37,500 and less than
850,000 units of average daily attendance, one dollar ($1) per
9average daily attendance.
10(5) For counties with less than 37,500 units of average daily
11attendance, thirty-seven thousand five hundred dollars ($37,500).
12(m) Allocate funds appropriated by
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415 of the
begin delete statutesend delete of 1995 for local assistance to school districts and
14county offices of education based on average daily attendance
15reported in the second principal apportionment in the prior fiscal
17(n) (1) Provide that all school districts, charter schools, and
18county offices of education that receive funding under subdivision
19(m) make reasonable progress toward providing a tobacco-free
20environment in school facilities for pupils and employees.
21(2) Require that all school districts, charter schools, and county
22offices of education that receive funding pursuant to paragraph (1)
23adopt and enforce a tobacco-free campus policy no later than July
24 of each fiscal year. The policy shall prohibit the use of products
25containing tobacco and nicotine, including, but not limited to,
26smokeless tobacco, snuff, chew, clove cigarettes, and
begin delete nicotine
27delivery devices, such as electronic cigarettes,end delete
29 any time, in charter school or school district-owned or leased
30buildings, on school or district property, and in school or district
31vehicles. However, this section does not prohibit the use or
32possession of prescription products, nicotine patches, or nicotine
33gum. Information about the policy and enforcement procedures
34shall be communicated clearly to school personnel, parents, pupils,
35and the larger community. Signs stating “Tobacco use is
36prohibited” shall be prominently displayed at all entrances to school
37property as provided in Section 104559. Information about smoking
38cessation support programs shall be made available and encouraged
39for pupils and staff. Any school district, charter school, or county
40office of education that does not have a tobacco-free district policy
P7 1implemented by July 1, shall not be eligible to apply for funds
2from the Cigarette and Tobacco Products Surtax Fund for that
Section 104466 of the Health and Safety Code is
5amended to read:
Notwithstanding subdivision (a) of Section 2.00 of
7the Budget Act of 2002 and any other provision of law,
8commencing with the appropriation for the 2002-03 fiscal year,
9and for each fiscal year thereafter, any amount appropriated to the
10department or the State Department of Education to implement
11the following tobacco use prevention programs shall be available
12for encumbrance and expenditure for three fiscal years beyond the
13date of the appropriation:
14(a) The program to evaluate tobacco control programs provided
15for in subdivisions (b) and (c) of Section 104375.
16(b) The tobacco use prevention media campaign provided for
17in subdivision (e) of Section 104375.
18(c) The competitive grant program provided for in Section
20(d) The local lead agency tobacco use prevention programs
21provided for in Section 104400.
22(e) The tobacco use prevention program directed at schools
23provided for in Sections 104420, 104430, and 104435.
Article 4 (commencing with Section 104559) is added
25to Chapter 1 of Part 3 of Division 103 of the Health and Safety
26Code, to read:
(a) The use of tobacco and nicotine products is
31prohibited at any time in a county office of education, charter
32school or school district-owned or leased buildings, on school or
33district property, and in school or district vehicles. This includes,
34but is not limited to, smokeless tobacco, snuff, chew, clove
35cigarettes, and other
begin delete nicotine-deliveryend delete devices,
36such as electronic cigarettes.
37(b) School districts, charter schools, and county offices of
38education shall prominently display signs at all entrances to school
39property stating “Tobacco use is prohibited.”
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.