(1) The general assembly finds that many of the schools in this state permit the use of tobacco products in and around school property. The general assembly further finds that secondhand smoke generated by such activity and the negative example set and frequently imitated by our school children are detrimental to the health and well-being of such children as well as to school teachers, staff, and visitors. Accordingly, the general assembly finds and declares that it is appropriate to create a safe and healthy school environment by prohibiting the use of tobacco products on all school property.
(2) As used in this section, unless the context otherwise requires:
(a) "School" means a public nursery school, day care center, child care facility, head start program, kindergarten, or elementary or secondary school through grade twelve.
(b) "School property" means all property, whether owned, leased, rented, or otherwise used by a school, including, but not limited to, the following:
(I) All interior portions of any building used for instruction, administration, support services, maintenance, and storage and any other structure used by a school; except that such term shall not apply to a building primarily used as a residence;
(II) All school grounds surrounding any building specified in subparagraph (I) of this paragraph (b) over which the school is authorized to exercise dominion and control. Such grounds shall include any playground, athletic field, recreation area, and parking area; and
(III) All vehicles used by the school for the purpose of transporting students, workers, visitors, or any other persons.
(c) "Tobacco product" shall have the same meaning as set forth in section 18-13-121 (5), C.R.S.
(d) "Use" means the lighting, chewing, smoking, ingestion, or application of any tobacco product.
(3) (a) (I) The board of education of each school district shall adopt appropriate policies and rules that mandate a prohibition against the use of all tobacco products and all retail marijuana or retail marijuana products authorized pursuant to article 12 of title 44 on all school property by students, teachers, staff, and visitors and that provide for the enforcement of such policies and rules.
(b) Signs regarding such prohibition and the consequences of violation shall be displayed prominently on all school property to ensure compliance no later than September 1, 1994.
(4) This section shall not be applicable to the use of a tobacco product in a limited classroom demonstration to show the health hazards of tobacco.
(5) The board of education of each school district is authorized to seek and accept gifts, donations, or grants of any kind from any private or charitable source or from any governmental agency to meet expenses required by this section. Such gifts, donations, and grants shall be accounted for separately, and, to the extent that such moneys are available, the board of education of each school district may maintain and operate an educational program designed to assist students, faculty, and staff to avoid and discontinue the use of tobacco products. Such program shall be offered at each school under the board's direction and control.
(6) This section shall not prohibit any school from enacting more stringent policies or rules than required by this section.
Source: L. 94: Entire section added, p. 674, 1, effective April 19. L. 98: (3)(a)(II) amended, p. 55, 1, effective August 5. L. 2008: (2)(c), (2)(d), and (5) amended, p. 888, 3, effective July 1. L. 2011: (1) amended, (HB 11-1016), ch. 60, p. 158, 4, effective March 25. L. 2013: (3)(a)(I) amended, (SB 13-283), ch. 332, p. 1894, 11, effective May 28. L. 2018: (3)(a)(I) amended, (HB 18-1023), ch. 55, p. 590, 20, effective October 1.
Editor's note: Subsection (3)(a)(II)(C) provided for the repeal of subsection (3)(a)(II), effective January 1, 2000. (See L. 98, p. 55.)