This guidance is to provide information concerning responsibilities under the Pro-Children Act (PCA), which was enacted on March 31, 1994, as Part C of Title X of the Goals 2000: Educate America Act, Public Law 103-227. Preliminary information, including a copy of this legislation, was mailed to Chief State School Officers in a letter dated January 4, 1995.
The following questions have been prepared to assist State educational agencies (SEAs) and local educational agencies (LEAs) and other recipients of funds awarded by the U.S. Department of Education in implementing these requirements.
Q1. What does the law require?
A. The PCA requires that smoking not be permitted in any indoor facility, or in some cases a portion of a facility, used routinely or regularly for the provision of certain types of "children's services" to persons under age 18, if the services are funded by specified Federal programs either directly or through State or local governments.
Applicable Federal funds for these types of children's services include grants, cooperative agreements, loans, loan guarantees, contracts, and funds for construction, maintenance, and operations awarded by the Departments of Health and Human Services, Education, or Agriculture [only through the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)].
Q2. Are all LEAs and SEAs affected by the PCA requirements?
A. All LEAs and SEAs that receive funding from the U.S. Departments of Education, Health and Human Services, or Agriculture (through the nutrition program WIC) either directly, or through State or local governments, to provide routine or regular kindergarten, elementary or secondary education; library services; health services; or day care services to children must comply with the PCA requirements.
Q3. Must non-public schools implement the PCA requirements?
A. A non-public school must implement the PCA requirements if it receives funding from the U.S. Departments of Education, Health and Human Services, or Agriculture (only through the nutrition program WIC) either directly, or through State or local governments, to provide routine or regular kindergarten, elementary or secondary education; library services; health services; or day care services to children.
A non-public school is not required to implement the PCA if it does not receive funding from the U.S. Departments of Education, Health and Human Services, or Agriculture, or if the non-public school merely receives funding under the National School Lunch and School Breakfast Program or the school's students receive services (such as compensatory education services) from an LEA.
Q4. When must SEAs, LEAs, and affected non-public schools implement the PCA requirements?
A. The PCA requirements were effective as of December 26, 1994. Therefore, covered SEAs, LEAs, and non-public schools must take prompt action to implement these requirements.
Q5. Who are considered "children" under the PCA?
A. The term "children" is defined as individuals who have not attained the age of 18.
Q6. What does the term "children's services" mean?
A. Types of services included under this term are education (kindergarten, elementary and secondary), health, day care, early childhood development (Head Start), and library services.
Q7. What does the term "indoor facility" mean?
A. The term "indoor facility" means a building that is enclosed.
Q8. Where must smoking be prohibited?
A. With respect to the provision of routine or regular kindergarten, elementary or secondary education, or library services to children, the PCA legislation requires the prohibition of smoking within any indoor facility owned, or leased, or contracted for and utilized for the provision of those children's services. This means, therefore, that smoking lounges or other separate locations for smoking within the enclosed facility (even if separately ventilated) must be prohibited.
Q9. When must smoking be prohibited?
A. At a minimum, the PCA requires that smoking not be permitted in an indoor facility during routine or regular children's services, i.e., school-sponsored activities that include children. Providers of children's services may be subject to other Federal, State, or local laws that require that smoking be prohibited at all times. In that case, the PCA does not require any change in policy. Furthermore, it is fully consistent with the PCA for providers of children's services to choose for the protection of children's health to implement a policy that prohibits smoking at all times.
Q10. Must smoking be prohibited if the facility is being used for a community or privately sponsored event such as Bingo?
A. Generally no; however, it depends on the circumstances. If the indoor facility is being used simultaneously for routine or regular children's services (i.e., school-sponsored activities that involve children) and a privately sponsored event, smoking must be prohibited in the entire indoor facility. The provider of children's services may determine whether or not it wishes to prohibit smoking in the facility when no routine or regular children's services are being provided.
Q11. How will enforcement work?
A. If a report is made that smoking prohibitions are not being implemented, the awarding Department will attempt to resolve the situation. If this is unsuccessful, the awarding Department could refer the case to the Department of Health and Human Services for an administrative proceeding, which could result in issuance of an administrative compliance order or an assessment of a civil penalty of up to $1,000 per violation. Each day a violation continues constitutes a separate violation. The total penalty may not exceed the amount of applicable Federal funds received for the fiscal year in which the continuing violations occur.
Q12. Is technical assistance available?
A. For additional guidance concerning implementation of the PCA for providers of education or library services, contact the Safe and Drug-Free Schools Program, 600 Independence Avenue, SW, The Portals - Room 604, Washington, DC 20202-6123, facsimile: (202) 260-7767, phone: (202) 260-3954.
For providers of health, day care, or early childhood development services, contact the Office on Smoking and Health, Centers for Disease Control and Prevention, 330 C Street, SW, Switzer Building, Room 1229, Washington, DC 20201, facsimile: (202) 205-8313, phone: (202) 205-8500.
For WIC-related questions, contact the Supplemental Food Programs Division, Food and Consumer Services, 3101 Park Center Drive, Room 540, Alexandria, Virginia 22302, facsimile: (703) 305-2420, phone: (703) 305-2746.
Q13. Where should violations be reported?
A. For violations of the PCA by providers of education or library services, contact the Safe and Drug-Free Schools Program, 600 Independence Avenue, SW, The Portals - Room 604, Washington, DC 20202-6123, facsimile: (202) 260-7767, phone: (202) 260-3954.
For violations of the PCA by providers of health, day care, or early childhood development services, contact the Office of the Assistant Secretary for Health, Department of Health and Human Services, 200 Independence Avenue, SW, Washington, DC 20201.
For violations of the PCA related to the WIC program, contact the Supplemental Food Programs Division, Food and Consumer Services, 3101 Park Center Drive, Room 540, Alexandria, Virginia 22302, facsimile: (703) 305-2420, phone: (703) 305-2746.
MEMORANDUM
| TO: | Governors, Chief State School Officers, Safe and Drug-Free Schools and Communities Act Coordinators |
| FROM: | Thomas W. Payzant Assistant Secretary, Elementary and Secondary Education |
| SUBJECT: | Implementation Guidance for Pro-Children Act of 1994 |
I have enclosed detailed guidance concerning implementation of the Pro-Children Act provisions of the Goals 2000: Educate America Act for your information. I encourage you to share this guidance with local educational agencies and other entities who may be affected by the provisions.
If you have questions concerning this guidance, or any other questions concerning the Pro-Children Act provisions, please contact the Safe and Drug-Free Schools Program, U.S. Department of Education, 600 Independence Avenue, SW, The Portals - Room 604, Washington, DC 20202-6123; phone: (202) 260-3954; facsimile: (202) 260-7767.
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