20 U.S. Code § 1228c - Disclosure requirements
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(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—
(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;
(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—
(B) the identity of the organization or business providing each of the features described in clauses (i) through (vii) of subparagraph (A); and
(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.
The Secretary shall—
(A) widely disseminate information about the requirements of this section to State and local school officials and parents; and
(2) take whatever other steps the Secretary determines are appropriate to enforce this section, including—
(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
As used in this section:
(2) Educational organization
(A) Except as provided in subparagraphs (B) and (C), the term “educational organization” means any organization or entity that—
(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
(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—
(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—
(B) Such term does not include a recreational program,  or a social or religious activity.
(4) Local school official
The term “local school official” means the highest administrative official serving a school district, or such individual’s designee.
(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.
 So in original. The comma probably should not appear.
Source(Pub. L. 90–247, title IV, § 429, as added Pub. L. 103–382, title II, § 238,Oct. 20, 1994, 108 Stat. 3918; amended Pub. L. 105–244, title I, § 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, which is classified generally to chapter 70 (§ 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.
A prior section 429 ofPub. L. 90–247was classified to section 1231f of this title prior to repeal by Pub. L. 103–382.
Effective Date of 1998 Amendment
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