Alabama § 16-41A-1 - Vaping Awareness, Education, and Prevention Programs; Adoption of Policies.

§ 16-41A-1. Vaping Awareness, Education, and Prevention Programs; Adoption of Policies.

(a) On or before September 1, 2025, the State Board of Education shall adopt a model policy for the establishment of a vape awareness, education, and prevention program to prohibit the possession and use of prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products by students in public K-12 schools.

(b) On or before November 1, 2025, each local board of education shall adopt a policy that, at a minimum, contains the criteria established in the model policy adopted by the State Board of Education.

(c) The model policy adopted by the State Board of Education, at a minimum, shall contain all of the following:

(1) A statement prohibiting the possession or use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products, as those terms are defined under Section 28-11-2, by any student at a public K-12 school, on a school bus, or at any school-sponsored function.

(2) A series of graduated consequences for any student who violates the policy by possessing or using tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products as prohibited by this section. Graduated consequences may include, but are not limited to: (i) Notification of the student’s parent or guardian; (ii) required participation in a vaping awareness, education, and prevention class; (iii) in-school suspension, out-of-school suspension, or alternative school; (iv) referral of the matter to the juvenile court for disposition pursuant to Section 28-11-13(d); or (v) any combination of the foregoing. Graduated consequences shall conform with applicable disability, antidiscrimination, and education laws and school discipline policies.

(3) A model complaint form and procedure for reporting violations of this section. An anonymous report may not be the basis of imposing formal disciplinary action against a student.

(4) A procedure for the prompt investigation of reports of serious violations and complaints, specifying that the principal, assistant principal, or school resource officer is the individual responsible for the investigation.

(5) A response procedure for a school to follow upon confirmation of the possession or use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products as prohibited by this section.

(6) A procedure for publicizing local school board policy through publication in the student handbook, including providing notice that the policy applies to behavior occurring on school property, school buses, and at school-sponsored functions.

(7) A statement prohibiting the use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products, as those terms are defined under Section 28-11-2, by any teacher, administrator, or other school employee on the campus of any public K-12 school.

(d) The State Department of Education shall coordinate with the Drug Education Council to develop a vaping awareness, education, and prevention class based on curriculum established by the Drug Education Council. The content of the class shall be approved by the State Board of Education. The department shall make the curriculum available to each local board of education through the local superintendent of education.

(e) The policy adopted by each local board of education shall be included in the code of conduct policy of the local board of education and included in the student handbook.