New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each local school board or governing body shall establish a
				  tobacco, alcohol and drug free school policy:
A. The policy shall provide specific rules of
				conduct prohibiting the use, possession, and distribution of commercial tobacco
				and nicotine products, electronic delivery devices, alcoholic beverages,
				mood-altering substances and illicit drugs on school property and at off-campus
				school-sponsored events by students, school personnel, and visitors. These
				activities are prohibited at all times.
B. Each school district shall detail the
				prohibited acts and activities under the policy, and shall establish adequate
				provisions for its enforcement, including the enumeration of possible sanctions
				or disciplinary action, consistent with applicable statutory and case
				law.
C. Each policy shall include
				progressive and supportive disciplinary action beginning with options to
				promote positive student outcomes such as tobacco education or referral to
				counseling, parent conferences, and school or community service. Referrals to
				resources to help students overcome nicotine addictions shall be provided when
				developmentally appropriate. Parents or guardians shall be notified of all
				violations and actions taken by each school district.
D. All school personnel shall abide by the
				policy and are responsible for enforcement of the policy. Each school district
				may establish procedures necessary to implement the policy among school
				personnel. Disciplinary penalties may be imposed in accord with policies of the
				district regarding conduct and disciplinary actions.
E. Referrals to resources to help school
				personnel overcome nicotine addictions shall be provided to school personnel
				who are found to be in violation of this policy. Each school district may
				establish procedures for school personnel to receive training in the provisions
				of this policy, existing and emerging commercial tobacco products, trends in
				youth commercial tobacco and nicotine use, prevention education, and cessation
				support on an annual basis.
F. Each
				school district shall prohibit the promotion of tobacco products, electronic
				delivery devices, alcoholic beverages, mood-altering substances or illicit
				drugs on the school property or at off-campus, school-sponsored events. This
				includes promotion of these products via gear, technology accessories, bags,
				clothing, any personal articles, signs, structures, vehicles, flyers, or any
				other materials.
G. Each school
				district policy shall require school administration to provide referrals to
				resources to help students and school personnel overcome nicotine
				addiction.
H. The policy shall
				provide that no school employee who in good faith reports any known or
				suspected use, possession or distribution of alcoholic beverages, mood-altering
				substances or illicit drugs shall be held liable for any civil damages as a
				result of such report or efforts to enforce the policy.
I. Each school district shall develop and
				implement a procedure for effectively communicating the policy to students,
				their parents and families, school personnel, visitors on school property, and
				to local residents, groups, businesses and organizations served by the school.
				Such communication may include publishing information in student and employee
				handbooks, school district websites, announcements at school-sponsored events,
				and posting conspicuous, appropriate signage in buildings and on school
				property, including at entrances to school buildings and athletic events, in a
				manner and location that adequately informs students, school personnel, and
				visitors of the policy.
J. Each
				school district shall post conspicuous notices on all school property
				prohibiting the use, possession and distribution of tobacco products,
				e-cigarettes and nicotine liquid containers, alcoholic beverages, mood-altering
				substances and illicit drugs, in school buildings, on school property, and by
				students at off-campus, school-sponsored events away from school grounds. Each
				school district shall post appropriate signage on school premises prohibiting
				the use, possession and distribution of commercial tobacco products, electronic
				delivery devices, on school property and by students at off-campus
				school-sponsored events in a manner and location that adequately notifies
				students, school personnel, and visitors, including at the entrance to school
				buildings and athletic events.