 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
              SUBCHAPTER II--APPROPRIATIONS AND EVALUATIONS
 
     Part 2--Planning and Evaluation of Federal Education Activities
 
Sec. 1228c. Disclosure requirements


(a) In general

    Each educational organization, prior to enrolling a minor and prior 
to accepting funds for the cost of a minor's participation in an 
educational program operated by such organization, shall disclose the 
following information in written form to the minor or the minor's 
parent.

              (1) Method of solicitation and selection

        The method of solicitation and selection of participants in the 
    educational program, including--
            (A) the origin of any mailing list used for such 
        solicitation and selection;
            (B) any recruitment through a local school official, 
        teacher, or school personnel, including any compensation or 
        other benefit offered to such official, teacher, or personnel 
        for the recommendation of a minor for participation in the 
        educational program;
            (C) any open enrollment activity, including the method of 
        outreach; and
            (D) any cooperation with, or sponsorship by, a membership 
        organization, including a description of the cooperation or 
        sponsorship and the name of each such organization.

                          (2) Cost and fees

        Information regarding the cost of the educational program and 
    information regarding the distribution of any enrollment fee, 
    including--
            (A) the amount paid for, and the percentage of the total 
        educational program cost of, each feature of the educational 
        program, including--
                (i) food;
                (ii) lodging;
                (iii) transportation;
                (iv) program staffing;
                (v) textbooks, syllabi, or other scholastic educational 
            program materials;
                (vi) speaker fees; and
                (vii) administrative expenses, including expenses 
            related to--
                    (I) the preparation of nonscholastic educational 
                program materials;
                    (II) the provision of financial assistance;
                    (III) mailing list rental or other recruitment 
                activity; and
                    (IV) administrative salaries and consulting fees;

            (B) the identity of the organization or business providing 
        each of the features described in clauses (i) through (vii) of 
        subparagraph (A); and
            (C) the nature of any relationship of any board member, 
        officer, or employee of the educational organization to any 
        organization or business described in subparagraph (B), 
        including the salary or other compensation paid by such 
        organization or business to such board member, officer, or 
        employee.

(b) Nondiscriminatory enrollment and service policy

                           (1) In general

        Each educational organization shall include a verifiable 
    statement in all enrollment or recruitment material that the 
    educational organization does not--
            (A) fail or refuse to hire, or discharge, any individual, or 
        otherwise discriminate against any individual with respect to 
        compensation, terms, conditions, or privileges of employment; or
            (B) exclude any student from participation in an educational 
        program, discriminate against any student in providing the 
        benefits associated with such program (including any scholarship 
        or financial assistance, and use of any facility), or subject 
        the student to discrimination under such program, on the basis 
        of race, disability, or residence in a low-income area.

                          (2) Construction

        Nothing in this subsection shall be construed to entitle a 
    student to--
            (A) participation in an educational program or any benefit 
        associated with such program; or
            (B) a waiver of any fee charged for such participation or 
        benefit.

(c) Enforcement

    The Secretary shall--
        (1)(A) widely disseminate information about the requirements of 
    this section to State and local school officials and parents; and
        (B) require educational organizations to submit appropriate 
    information or assurances regarding such organizations' compliance 
    with this section; and
        (2) take whatever other steps the Secretary determines are 
    appropriate to enforce this section, including--
            (A) promulgating regulations;
            (B) establishing a complaint process;
            (C) referring complaints to the relevant Federal, State, or 
        local authorities for appropriate action;
            (D) alerting educational agencies, schools, and parents to 
        the practices of educational organizations that violate the 
        provisions of this section; and
            (E) imposing civil fines (not to exceed $1,000 per 
        violation) on educational organizations that knowingly violate 
        this section.

(d) Definitions

    As used in this section:

                           (1) Disability

        The term ``disability'' has the same meaning given to such term 
    by section 12102(2) of title 42.

                    (2) Educational organization

        (A) Except as provided in subparagraphs (B) and (C), the term 
    ``educational organization'' means any organization or entity that--
            (i) provides an educational program for a fee; and
            (ii) recruits students through means such as commercial 
        media, direct mailings, school recruitment programs, school 
        administrators, teachers or staff, or current or former 
        participants in an educational program offered by such 
        organization or entity.

        (B) The definition in subparagraph (A) shall not include--
            (i) a local educational agency, State educational agency, a 
        State department of education, or an elementary or secondary 
        school as defined by the Elementary and Secondary Education Act 
        of 1965 [20 U.S.C. 6301 et seq.];
            (ii) an institution of higher education as defined by 
        section 1001 of this title; or
            (iii) a local organization sponsored by an elementary or 
        secondary school, a recreational organization, an entertainment 
        organization, a local sports activity group, or a social club.

        (C) For the purpose of subsection (a) of this section only, such 
    term does not include an organization or entity that provides an 
    educational program if such organization or entity--
            (i) recruits, for participation in such program, solely 
        through a local school official; and
            (ii) does not offer a local school official, teacher, or 
        other school personnel compensation (other than compensation for 
        actual expenses incurred in performing chaperon activities or 
        for participating in separate, professionally-staffed teacher 
        training and technical assistance seminars and workshops related 
        to such program) or any other benefit for such recruitment.

                       (3) Educational program

        (A) Except as provided in subparagraph (B), the term 
    ``educational program'' means a special honors program, seminar, 
    citizenship experience, government study program, educational 
    vacation, student exchange program, or other educational experience 
    or honor--
            (i) that is generally directed toward minors or secondary 
        school students;
            (ii) for which a tuition or enrollment fee is charged;
            (iii) that is offered away from a student's regular place of 
        school attendance;
            (iv) that includes not less than one supervised night away 
        from home; and
            (v) that is intended to enhance a student's regular course 
        of study.

        (B) Such term does not include a recreational program,\1\ or a 
    social or religious activity.
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    \1\ So in original. The comma probably should not appear.
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                      (4) Local school official

        The term ``local school official'' means the highest 
    administrative official serving a school district, or such 
    individual's designee.

                              (5) Minor

        The term ``minor'' means an individual who has not attained the 
    age of 18 years.

                     (6) Membership organization

        The term ``membership organization'' includes any organization 
    that maintains a membership list or collects dues or membership fees 
    from its members.

                    (7) Recreational organization

        The term ``recreational organization'' includes any organization 
    or entity that has as its primary function pleasure, amusement, or 
    sports activities.

                      (8) Recreational program

        The term ``recreational program'' includes any activity or 
    service that is intended as an entertainment pastime.

(Pub. L. 90-247, title IV, Sec. 429, as added Pub. L. 103-382, title II, 
Sec. 238, Oct. 20, 1994, 108 Stat. 3918; amended Pub. L. 105-244, title 
I, Sec. 102(a)(6)(C), Oct. 7, 1998, 112 Stat. 1618.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (d)(2)(B)(i), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519, which is classified generally to chapter 70 (Sec. 6301 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6301 of this title and 
Tables.


                            Prior Provisions

    A prior section 429 of Pub. L. 90-247 was classified to section 
1231f of this title prior to repeal by Pub. L. 103-382.


                               Amendments

    1998--Subsec. (d)(2)(B)(ii). Pub. L. 105-244 substituted ``section 
1001'' for ``section 1141(a)''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.
