§1228c Disclosure Requirements

Summary

Educational organizations must give a written notice to a minor or the minor’s parent before enrolling the minor or taking payment. The notice must say how students are recruited and chosen (where any mailing list came from, if school staff recruited students and whether they were paid, whether there was open enrollment or outreach, and any cooperation or sponsorship by membership groups and their names). The notice must also explain program costs and how any enrollment fee is spent, showing the amount and share of the total for items like food, lodging, transportation, program staff, textbooks or materials, speaker fees, and administrative costs (including prep of non-school materials, financial aid, mailing list rental or recruitment, and admin salaries or consulting). It must say who supplies those items and whether any board member, officer, or employee has a relationship with those suppliers or is paid by them. The organization must put a verifiable statement in all enrollment or recruitment materials saying it does not discriminate in hiring or in who may take part in a program or get program benefits on the basis of race, disability, or residence in a low-income area. That statement does not give a student a guaranteed spot or a right to a fee waiver. The Secretary of Education must tell state and local school officials and parents about these rules, require organizations to provide information or assurances about following them, and enforce the rules by making regulations, creating a complaint process, referring complaints to other authorities, warning agencies and parents about violators, and imposing civil fines up to $1,000 per violation for knowing violations. Key terms: Disability — same meaning as in 42 U.S.C. 12102(2). Educational organization — an entity that charges fees for programs and recruits broadly; excludes public school systems, higher education institutions, and certain local or recreational groups, and (for the disclosure rules only) excludes groups that recruit only through a local school official and do not pay school staff (except limited expense reimbursements). Educational program — paid programs for minors (under 18) offered away from regular school, including at least one supervised night away, intended to enhance study; excludes recreational, social, or religious activities. Local school official — top school district administrator or their designee. Membership organization — an organization with members or dues. Recreational organization/program — primarily for amusement or sports/entertainment.