{"data":{"id":"us-ky/krs-158.149","jurisdiction":"us-ky","citation":"KRS 158.149","heading":"Use of tobacco products, alternative nicotine products, and vapor products","body":"on school property and during school activities -- Written policies -- Penalties -\n- Department to post nicotine awareness information on website -- Annual\nreports.\n(1) As used in this section:\n(a) \"Alternative nicotine product\" has the same meaning as in KRS 438.305;\n(b) \"Tobacco product\" has the same meaning as in KRS 438.305; and\n(c) \"Vapor product\" has the same meaning as in KRS 438.305.\n(2) The use of any tobacco product, alternative nicotine product, or vapor product:\n(a) Shall be prohibited for all persons and at all times on or in all property,\nincluding any vehicle, that is owned, operated, leased, or contracted for use by\na local board of education;\n(b) Shall be p rohibited for all students while attending or participating in any\nschool-related student trip or student activity; and\n(c) Shall be prohibited for school district employees, volunteers, and all other\nindividuals affiliated with a school while the user is attending or participating\nin any school-related student trip or student activity and is in the presence of a\nstudent or students.\n(3) Each local board of education shall implement this section by adopting written\npolicies that prohibit the use of tobacco products, alternative nicotine products, and\nvapor products pursuant to this section. The policies shall provide for:\n(a) The distribution of evidence -based, age -appropriate nicotine prevention and\ncessation material to all students of the district at the beginning of each school\nyear;\n(b) Access to evidence -based, age-appropriate nicotine prevention and cessation\nmaterial throughout the school year for all students of the district;\n(c) Adequate notice regarding the policy to be provided to students, parents and\nguardians, school employees, and the general public;\n(d) A requirement to post signage on or in all property, including any vehicle, that\nis owned, operated, leased, or contracted for use by a local board of education,\nclearly stating that use of tobacco products, alternative nicotine  products, and\nvapor products is prohibited at all times and by all persons on or in the\nproperty; and\n(e) A requirement that school employees enforce the policies.\n(4) (a) A person who violates subsection (2) of this section, or policies adopted by a\nlocal board of education pursuant to subsection (3) of this section, shall be\nsubject to penalties as set forth by the local board of education.\n(b) In the district's code of acceptable behavior and discipline formulated under\nKRS 158.148(5), each local board of education shall include a policy which,\nat a minimum, provides that if a student under the age of twenty -one (21)\nviolates subsection (2) of this section, then the district will confiscate the\nalternative nicotine products, tobacco products, or vapor products and:\n1. For the first incident, the school counselor or other school -based mental\nhealth services provider shall provide to the parent or guardian and the\nstudent evidence -based, age -appropriate nicotine cessation information\nto include but not be l imited to materials, programs, and referrals for\ntreatment;\n2. A second incident shall result in providing information as required in\nsubparagraph 1. of this paragraph and disciplinary action as determined\nby the board and included in the district's code o f acceptable behavior\nand discipline; and\n3. The third and subsequent incidents may result in an in -school or out-of-\nschool suspension of that student. The school shall provide the\nopportunity for a student to complete an evidence -based, age -\nappropriate nicotine education program during an in-school suspension.\n(5) Nothing in this section shall be interpreted or construed to:\n(a) Permit use of a tobacco product, alternative nicotine product, or vapor\nproduct, where it is otherwise restricted by this section , other state or federal\nlaw, administrative regulation, or executive order;\n(b) Prevent a local board of education or any other local governmental entity from\nadopting local ordinances, regulations, or policies relating to use of a tobacco\nproduct, alternative nicotine product, or a vapor product, in public places of\nemployment, and nonenclosed areas, that are more restrictive than what is\nprovided for in this section; or\n(c) Repeal any existing local ordinances, regulations, or policies that provide\nrestrictions on the use of a tobacco product, alternative nicotine product, or\nvapor product, in addition to those provided for in this section.\n(6) By August 1, 2024, the department, after consultation with the Cabinet for Health\nand Family Services, shall pos t on its website nicotine awareness information to\ninclude but not be limited to the various types of products containing nicotine, the\nhealth issues associated with nicotine, and a list of evidence -based cessation\nprograms available to school districts.\n(7) The department, regional educational cooperatives, and local boards of education\nmay identify and apply for grant opportunities relating to nicotine usage, including\nbut not limited to nicotine cessation, vaping, and tobacco products containing\nnicotine, and the health consequences of the use of nicotine products.\n(8) No later than August 1 of each year, each local board of education shall submit a\nreport to the department that includes:\n(a) The number of behavior incidents for each product defined in su bsection (1)\nof this section, listed by school and grade; and\n(b) The number of incidents in paragraph (a) of this subsection for which medical\nintervention was provided, listed by school, grade, and product.\n(9) No later than September 1 of each year, the  department shall submit a report to the\nLegislative Research Commission for referral to the Interim Joint Committee on\nEducation that compiles all of the data required in subsection (8) of this section.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55121","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:04Z","sha256":"241a8120707d834c05aee24357433af42120d0451fb03e1daea8b9f510d8fab2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.148","next":"us-ky/krs-158.150"},"notice":"GroundRules: Original legal text. Not legal advice."}