§1228c Disclosure Requirements

Summary

Before enrolling a minor or taking money for a minor’s place, an educational organization must give a written notice to the minor or the minor’s parent. The notice must explain how students are recruited and picked (where mailing lists came from, any recruitment by school staff and whether those staff were paid, any open enrollment outreach, and any sponsorships or partnerships). It must also show the cost breakdown for the program — how much and what percent of the total goes to things like food, lodging, transportation, staff, textbooks or materials, speaker fees, and administrative costs (for example, making non-school materials, financial aid, mailing list rental or recruitment, and admin salaries or consultants). The notice must name who provides each of those items and say if any board member, officer, or employee has a relationship with those providers, including any pay they get from them. All enrollment or recruitment materials must include a verifiable statement that the organization does not discriminate in hiring or in giving program benefits to students because of race, disability, or living in a low-income area. That statement does not guarantee a student a spot in the program or a waiver of fees. The Secretary of Education must tell states, schools, and parents about these rules, require organizations to show they follow them, set up rules and a complaint process, warn agencies about violators, refer complaints to authorities, and may fine organizations up to $1,000 per knowing violation. Definitions in one line each: “Disability” uses the meaning in 42 U.S.C. 12102(2). “Educational organization” = any fee-charging group that recruits students by media, mail, schools, or past participants (with some exclusions for public schools, colleges, and certain local or recreational groups). “Educational program” = a fee program aimed at minors that is away from the regular school, includes at least one supervised night away, enhances school study, and meets five listed criteria (it excludes recreational, social, or religious activities). “Local school official” = top school-district administrator or their designee. “Minor” = under 18. “Membership organization,” “recreational organization,” and “recreational program” mean groups or activities based on membership, pleasure/sports, or entertainment, respectively.