TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 12 PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY

PART 4 TOBACCO, ALCOHOL AND DRUG FREE SCHOOL DISTRICTS

6.12.4.1 ISSUING AGENCY: Public Education Department

[12-31-98, 07-30-99; 6.12.4.1 NMAC - Rn, 6 NMAC 1.6.3.1, 05-31-01; A, 11-13-09]

6.12.4.2 SCOPE: This rule applies to local school boards and school districts.

[12-31-98; 6.12.4.2 NMAC - Rn, 6 NMAC 1.6.3.2, 05-31-01; A, 11-13-09]

6.12.4.3 STATUTORY AUTHORITY: This rule is adopted pursuant to Sections 22-2-1, 22-2-2 and 22-5-4.4, NMSA 1978.

[12-31-98; 6.12.4.3 NMAC - Rn, 6 NMAC 1.6.3.3, 05-31-01; A, 11-13-09]

6.12.4.4 DURATION: Permanent

[12-31-98; 6.12.4.4 NMAC - Rn, 6 NMAC 1.6.3.4, 05-31-01]

6.12.4.5 EFFECTIVE DATE: December 31, 1998

[12-31-98; 6.12.4.5 NMAC - Rn, 6 NMAC 1.6.3.5, 05-31-01]

6.12.4.6 OBJECTIVE: The purpose of this rule is to prohibit the use of tobacco products, alcoholic beverages and illicit drugs in school buildings, on school property, and for students at school functions away from school property.

[12-31-98; 6.12.4.6 NMAC - Rn, 6 NMAC 1.6.3.6, 05-31-01; A, 11-13-09]

6.12.4.7 DEFINITIONS:

A. “Alcoholic beverage” means a beverage with no less than one-half percent alcohol and includes wine, beer, fermented, distilled, rectified and fortified beverages.

B. “Illicit drugs” means steroids and prescription and over-the-counter medications being used for an abusive purpose or when they are not used in compliance with the prescription or directions for use and are not being used to treat a current health condition of the student.

C. “Mood-altering substances” means substances that include, but are not limited to paint, glue, aerosol sprays and similar substances.

D. “Tobacco” means substances that include, but are not limited to cigarettes, cigars, chewing tobacco, dipping tobacco, snuff and similar substances.

[6.12.4.7 NMAC - N, 11-13-09]

6.12.4.8 REQUIREMENTS: Each local school board shall implement a policy that will include:

A. Prohibiting tobacco use, alcoholic beverage possession or use, and illicit drug possession or use by students, school staff, parents, and school visitors in school buildings, on school property, and for students at school functions away from school property.

B. Each school district shall develop a procedure for communicating this policy to students, school staff, parents, school visitors and the community.

C. Each school district shall develop provisions for enforcement of this policy which shall include reporting to a designated person, without fear of retaliation, any known or suspected instances of tobacco use, alcoholic beverage or illicit drug possession or use.

D. Each school district shall conspicuously post notices on school grounds stating that the use of tobacco and possession or use of alcoholic beverages and illicit drugs is prohibited on school grounds.

[12-31-98; 6.12.4.8 NMAC - Rn, 6 NMAC 1.6.3.8, 05-31-01; A, 11-13-09]

HISTORY OF 6.12.4 NMAC:

PRE-NMAC HISTORY: The material in this regulation is derived from that previously filed with the State Records Center and Archives under: State Board of Education Regulation No. 94-2, Regulation on Tobacco Free School Districts, filed July 19, 1994.