Page:United States Statutes at Large Volume 108 Part 5.djvu/429

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3919 "(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. " (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 finsincial 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. "(2) CONSTRUCTION. — Nothing in this subsection shall be construed to entitle a student to— "(A) participation in an educational program or any benefit associated with such program; or "(B) a waiver of any fee charged for such participation or benefit. "(c) ENFORCEMENT. — The Secretary shall— "(1)(A) widely disseminate information about the requirements of this section to State and local school officials and parents; and "(B) require educational organizations to submit appropriate information or assurances regarding such organizations' compliance with this section; and "(2) take whatever other steps the Secretary determines are appropriate to enforce this section, including— "(A) promulgating regulations; "(B) establishing a complaint process; "(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 "(E) imposing civil fines (not to exceed $1,000 per violation) on educational organizations that knowingly violate this section. "(d) DEFINITIONS. — As used in this section: "(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. —(A) Except as provided in subparagraphs (B) and (C), the term 'educational organization' means any organization or entity that— "(i) provides an educational program for a fee; and "(ii) recruits students through means such as commercial media, direct mailings, school recruitment programs, school administrators, teachers or staff, or current or