Smoking, Use and/or Possession of Tobacco

Middle School Handbook

Smoking in school or on school property at any time, or while on a school sponsored event is strictly prohibited. Offenders will be dealt with as follows:

  • 1st offense: 1 day out-of school suspension and parent notification;

  • 2nd offense: A 3 day out-of-school suspension and parent notification;

  • 3rd offense: a mandatory 5 day out-of school suspension with parent notification and an informal hearing to be scheduled;

  • 4th offense: a mandatory 5-10 day out-of-school suspension and parents notified of a formal school board hearing for possible expulsion.

Likewise, cigarettes and other smoking materials, including lighters, are not permitted in school or to be found in a student's possession.

The State Legislature has enacted a revised law covering tobacco use in schools which now includes not only use but also possession of tobacco products in the schools. The use or possession of tobacco is considered a summary offense subject to a fine of not more than $115 per incidence, with the $115 fine assessed by a magistrate going back to the school district.

The wording of Act 145 is as follows: "A pupil (ages 6-21) who possesses or uses tobacco in a school building, a school bus or on school property owned by, leased by or under the control of the school district committee is a summary offense.

A pupil who commits an offense under this section shall be subject to prosecution initiated by the local school district and shall, upon conviction, be sentenced to pay a fine of not more than $115 for the benefit of the school district in which such offending pupil resides and to pay court costs." The courts may admit the offender to an adjudication alternative program in lieu of imposing a fine.

The new law encompasses cigarettes and smokeless tobacco products used or possessed in the school building, school bus, or on school property owned by or leased by the school district.