Changes to Maine law regarding Tobacco Use on School Grounds

INFORMATIONAL LETTER NO: 54
POLICY CODE: ADC

TO: Superintendents
FROM: Susan A. Gendron, Commissioner, Department of Education, The Partnership for a Tobacco-Free Maine, DHHS, MeCDC
DATE: November 20, 2007
SUBJECT: Changes to Maine law regarding Tobacco Use on School Grounds.

In the recent legislative session, the 123rd Maine State Legislature passed a law, Public Law 2007, Chapter 156, to provide tobacco-free environments on all public school grounds throughout Maine. Since 1987, Maine law has prohibited tobacco use by students and school employees in buildings or on the grounds of elementary and secondary schools while schools are in session.

The exceptions to the 1987 law were that tobacco could be used in a class lesson, with prior notice being given to the school’s administrator, and that a local school board or the school employees could establish, through collective bargaining, a designated smoking area or areas.

In this new legislation, the section referring to use of tobacco in a classroom as part of a bona fide demonstration during a class lesson remains an exception. The exception to the law regarding collective bargaining by school employees for a designated smoking area was repealed. However, in case where school employees have established a designated smoking area through collective bargaining in accordance with Maine law, use of tobacco may continue in that designated area until the effective date of the next contract.

While many school systems have established tobacco use policies that are stricter than State law, policies varied from school system to school system making the message to the public regarding tobacco use unclear. By making all school grounds tobacco-free at all times by all persons, the legislature has taken another step to insure that all schools have tobacco-free grounds, thus promoting the tobacco-free-living message that students receive in their health education classes.

The Partnership for a Tobacco-Free Maine (PTM) has promoted tobacco-free school environments since being established as a State program in 1997. The PTM Tobacco-Free School Policy Initiative continues to promote the U.S. Centers for Disease Control and Prevention (CDC) policy recommendations in the Guidelines for School Health Programs to Prevent Tobacco Use and Addiction. The information for this initiative can be viewed at http://www.tobaccofreemaine.org/StarSchool.html .

A new tobacco-free school guide is being developed and will soon be mailed to all school systems in Maine. PTM will continue to provide no cost signage for school systems that meet the CDC criteria for being tobacco-free school environments.

For information about this tobacco-free school initiative, contact Michelle Ross, PTM Public Health Educator, at 287-5762. For information on tobacco prevention resources, contact Pete Spears, MDOE Health Education Consultant, at 624-6697.