2006 Louisiana Laws - RS 17:240 — Prohibition against use of tobacco in schools; prohibition against smoking on school bus; rules and regulations

§240.  Prohibition against use of tobacco in schools; prohibition against smoking on school bus; rules and regulations

A.  For purposes of this Section the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1)  "School building" means any building located on the property of any elementary or secondary school, state schools for the deaf, blind, spastic, and cerebral palsied and schools in Special School District No. 1.

(2)  "Smoking" means possession of a lighted cigar, cigarette, pipe, or any other lighted tobacco product.  

B.(1)  Notwithstanding any other provision of law, no person shall smoke, chew, or otherwise consume any tobacco or tobacco product in any elementary or secondary school building.

(2)  No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other form of smoking object or device on the grounds of any public or private elementary or secondary school property or state schools for the deaf, blind, spastic, and cerebral palsied and schools in Special School District No. 1, except in an area specifically designated as a smoking area.

(3)  Smoking shall be prohibited on any school bus transporting children attending any public elementary or secondary school.  

C.(1)  The governing authority of each public elementary or secondary school shall and any governing authority of any nonpublic elementary or secondary school may adopt necessary rules and regulations to assure compliance with the provisions of this Section.

(2)  The governing authority of each public elementary or secondary school and each nonpublic elementary or secondary school may provide for appropriate penalties for violators, including but not limited to disciplinary action or a fine not to exceed two hundred dollars, or both.

(3)  The provisions of this Section shall be enforced by the local superintendents of education or their designees pursuant to any rules, regulations, and penalties promulgated pursuant to this Section.

D.  Nothing in this Section shall apply to a home study program approved by the State Board of Elementary and Secondary Education in accordance with the provisions of R.S. 17:236.1.

Acts 1992, No. 480, §1, eff. June 20, 1992; Acts 1992, No. 698, §1; Acts 1994, 3rd Ex. Sess., No. 17, §1.