H.R.3109 - To require that educational organizations that offer educational programs to minors for a fee disclose certain information.103rd Congress (1993-1994)
|Sponsor:||Rep. Stark, Fortney Pete [D-CA-13] (Introduced 09/21/1993)|
|Committees:||House - Education and Labor|
|Latest Action:||House - 10/07/1993 Referred to the Subcommittee on Elementary, Secondary and Vocational Education. (All Actions)|
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Text: H.R.3109 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (09/21/1993)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 3109 Introduced in House (IH)] 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEFINITIONS. As used in this Act: (1) Disability.--The term ``disability'' has the same meaning given to such term by section 3(2) of the Americans with Disabilities Act of 1990. (2) Educational organization.--The term ``educational organization'' means any organization or entity that is engaged in the business of providing educational programs to minors for a fee. Such term does not include a local educational agency, an elementary school, a secondary school, an organization sponsored by an elementary or secondary school, a recreational organization, or a social club. (3) Elementary school.--The term ``elementary school'' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965. (4) Educational program.--The term ``educational program'' means a program, service, activity or seminar which has as its primary function the presentation of formal instruction, is offered away from a student's regular place of school attendance, includes at least one supervised night away from home, and is intended to enhance a student's regular course of study. Such term does not include a recreational program, or a social or religious activity. (5) Local educational agency.--The term ``local educational agency'' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965. (6) Minor.--The term ``minor'' means an individual who has not attained the age of 18. (7) Parent.--The term ``parent'' includes a legal guardian or other person standing in loco parentis. (8) Secondary school.--The term ``secondary school'' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965. (9) Membership organization.--The term ``membership organization'' includes any organization that maintains a membership list or collects dues or membership fees from its members. (10) Recreational organization.--The term ``recreational organization'' includes any organization or entity that has as its primary function pleasure, amusement, or sports activities. (11) Recreational programs.--The term ``recreational programs'' includes any activity or service that is intended as an entertainment pastime. SEC. 2. DISCLOSURE REQUIREMENTS. Each educational organization, 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 teacher or school personnel, including any enticements offered to such 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) Costs 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 non- scholastic 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. SEC. 3. NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY. (a) In General.--Each educational organization shall include a verifiable statement on all enrollment or recruitment material that the educational organization does not-- (1) 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 (2) 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. (b) Construction.--Nothing in this section shall be construed to entitle a student to-- (1) participation in an educational program or any benefit associated with such program; or (2) a waiver of any fee charged for such participation or benefit. SEC. 4. ENFORCEMENT. (a) In General.--The Secretary of Education shall monitor compliance with the provisions of this Act. (b) Civil Penalty.--If an educational organization knowingly violates any provision of this Act, the Secretary of Education, after notice and opportunity for hearing, may impose on such organization a civil fine of not more than $1,000 for each such violation. <all>