School Tobacco Control Act of 1988

Section 3.5. School Tobacco Control.
(a) Tobacco use by pupils is prohibited in school buildings and school buses and on school property owned by, leased by or under the control of a school district.

(b) (1) The board of school directors may designate smoking areas for employes and shall establish policy to enforce the prohibition of tobacco use under this section.

(2) The board of school directors shall notify employes, students and parents of the policy developed in subsection (b)(1) by publishing the information in a student handbook and parent newsletter, and on posters or other efficient means.

(c) This section supersedes any municipal ordinance or school board regulation to the contrary.

(d) Notwithstanding the provisions of section 15, this section shall apply throughout this Commonwealth.

(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"School" means a school operated by a joint board, board of directors or school board where pupils are enrolled in compliance with Article XIII of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." The term includes area vocational-technical schools and intermediate units.

"Smoking" includes possession of a lighted cigarette, cigar, pipe or other lighted smoking equipment.

"Tobacco use" includes smoking and the use of smokeless tobacco in any form.

(3.5 added Dec. 21, 1988, P.L.1315, No.168)

Compiler's Note: Section 3 of Act 145 of 1996 provided that section 3.5 is repealed insofar as it is inconsistent with the requirements of 18 Pa.C.S. Á 6306.1.