New York Education Laws

Article 9 School Buildings and Sites, Section 409 School building regulations in relation to health and safety states that tobacco use shall not be permitted and no person shall use tobacco on school grounds. School grounds are defined as any building, structure and surrounding outdoor grounds contained within a public or private pre-school, nursery school, elementary or secondary school’s legally defined property boundaries as registered in a county clerk’s office.

Article 17 Instruction in Certain Subjects, Section 804
All schools shall include, as an integral part of health education, instruction so as to discourage the misuse and abuse of alcohol, tobacco, and other drugs and promote attitudes and behavior that enhance health, well being, and human dignity. Instruction shall be included in health education provided for all elementary school pupils taught by regular classroom teachers or teachers certified to teach health education. Instruction in junior high and senior high schools shall be an integral part of required health education course at each of these levels in the secondary school’s curriculum.

Commissioner’s Regulations, New York State Department of Education Subchapter G, Part 135 Health, Physical Education and Recreation

It is the duty of the trustees and boards of education to provide a satisfactory program in health education in accordance with the needs of pupils in all grades. This program shall include but not limited to instruction concerning the misuse of alcohol, tobacco and other drugs.