KRS 158.149: Use of tobacco products, alternative nicotine products, and vapor products

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 p rohibited 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.

(4) (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 (21)

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 l imited 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 o f 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 pos t 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 su bsection (1)

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

Legislative Research Commission for referral to the Interim Joint Committee on

Education that compiles all of the data required in subsection (8) of this section.