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103D CONGRESS

1ST SESSION H. R. 3109

To require that educational organizations that offer educational programs

to minors for a fee disclose certain information.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1993

Mr. STARK (for himself, Mr. GUNDERSON) introduced the following bill; which

was read twice and referred to the Committee on Education and Labor

A BILL

To require that educational organizations that offer educational programs to minors for a fee disclose certain

information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 As used in this Act:

5 (1) DISABILITY.—The term ‘‘disability’’ has the

6 same meaning given to such term by section 3(2) of

7 the Americans with Disabilities Act of 1990.

8 (2) EDUCATIONAL ORGANIZATION.—The term

9 ‘‘educational organization’’ means any organization

10 or entity that is engaged in the business of providing
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1 educational programs to minors for a fee. Such term

2 does not include a local educational agency, an ele3 mentary school, a secondary school, an organization

4 sponsored by an elementary or secondary school, a

5 recreational organization, or a social club.

6 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen7 tary school’’ has the same meaning given to such

8 term by section 1471(8) of the Elementary and Sec9 ondary Education Act of 1965.

10 (4) EDUCATIONAL PROGRAM.—The term ‘‘edu11 cational program’’ means a program, service, activity

12 or seminar which has as its primary function the

13 presentation of formal instruction, is offered away

14 from a student’s regular place of school attendance,

15 includes at least one supervised night away from

16 home, and is intended to enhance a student’s regular

17 course of study. Such term does not include a rec18 reational program, or a social or religious activity.

19 (5) LOCAL EDUCATIONAL AGENCY.—The term

20 ‘‘local educational agency’’ has the same meaning

21 given to such term by section 1471(12) of the Ele22 mentary and Secondary Education Act of 1965.

23 (6) MINOR.—The term ‘‘minor’’ means an indi24 vidual who has not attained the age of 18.
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1 (7) PARENT.—The term ‘‘parent’’ includes a

2 legal guardian or other person standing in loco

3 parentis.

4 (8) SECONDARY SCHOOL.—The term ‘‘second5 ary school’’ has the same meaning given to such

6 term by section 1471(21) of the Elementary and

7 Secondary Education Act of 1965.

8 (9) MEMBERSHIP ORGANIZATION.—The term

9 ‘‘membership organization’’ includes any organiza10 tion that maintains a membership list or collects

11 dues or membership fees from its members.

12 (10) RECREATIONAL ORGANIZATION.—The

13 term ‘‘recreational organization’’ includes any orga14 nization or entity that has as its primary function

15 pleasure, amusement, or sports activities.

16 (11) RECREATIONAL PROGRAMS.—The term

17 ‘‘recreational programs’’ includes any activity or

18 service that is intended as an entertainment pastime.

19 SEC. 2. DISCLOSURE REQUIREMENTS.

20 Each educational organization, prior to accepting

21 funds for the cost of a minor’s participation in an edu22 cational program operated by such organization, shall dis23 close the following information in written form to the

24 minor or the minor’s parent:
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1 (1) METHOD OF SOLICITATION AND SELEC2 TION.—The method of solicitation and selection of

3 participants in the educational program, including—

4 (A) the origin of any mailing list used for

5 such solicitation and selection;

6 (B) any recruitment through teacher or

7 school personnel, including any enticements of8 fered to such teacher or personnel for the rec9 ommendation of a minor for participation in the

10 educational program;

11 (C) any open enrollment activity, including

12 the method of outreach; and

13 (D) any cooperation with, or sponsorship

14 by, a membership organization, including a de15 scription of the cooperation or sponsorship and

16 the name of each such organization.

17 (2) COSTS AND FEES.—Information regarding

18 the cost of the educational program and information

19 regarding the distribution of any enrollment fee, in20 cluding—

21 (A) the amount paid for, and the percent22 age of the total educational program cost of,

23 each feature of the educational program, includ24 ing—

25 (i) food;
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1 (ii) lodging;

2 (iii) transportation;

3 (iv) program staffing;

4 (v) textbooks, syllabi, or other scholas5 tic educational program materials;

6 (vi) speaker fees; and

7 (vii) administrative expenses, includ8 ing expenses related to—

9 (I) the preparation of non-scho10 lastic educational program materials;

11 (II) the provision of financial as12 sistance;

13 (III) mailing list rental or other

14 recruitment activity; and

15 (IV) administrative salaries and

16 consulting fees;

17 (B) the identity of the organization or

18 business providing each of the features de19 scribed in clauses (i) through (vii) of subpara20 graph (A); and

21 (C) the nature of any relationship of any

22 board member, officer, or employee of the edu23 cational organization to any organization or

24 business described in subparagraph (B), includ25 ing the salary or other compensation paid by
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1 such organization or business to such Board

2 member, officer, or employee.

3 SEC. 3. NONDISCRIMINATORY ENROLLMENT AND SERVICE

4 POLICY.

5 (a) IN GENERAL.—Each educational organization

6 shall include a verifiable statement on all enrollment or

7 recruitment material that the educational organization

8 does not—

9 (1) fail or refuse to hire, or discharge, any indi10 vidual, or otherwise discriminate against any individ11 ual with respect to compensation, terms, conditions,

12 or privileges of employment; or

13 (2) exclude any student from participation in

14 an educational program, discriminate against any

15 student in providing the benefits associated with

16 such program (including any scholarship or financial

17 assistance, and use of any facility), or subject the

18 student to discrimination under such program,

19 on the basis of race, disability, or residence in a low-in20 come area.

21 (b) CONSTRUCTION.—Nothing in this section shall be

22 construed to entitle a student to—

23 (1) participation in an educational program or

24 any benefit associated with such program; or
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1 (2) a waiver of any fee charged for such partici2 pation or benefit.

3 SEC. 4. ENFORCEMENT.

4 (a) IN GENERAL.—The Secretary of Education shall

5 monitor compliance with the provisions of this Act.

6 (b) CIVIL PENALTY.—If an educational organization

7 knowingly violates any provision of this Act, the Secretary

8 of Education, after notice and opportunity for hearing,

9 may impose on such organization a civil fine of not more

10 than $1,000 for each such violation.

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