108 STAT. 3920
PUBLIC LAW 103-382—OCT. 20, 1994
former participants in an educational program offered by
such organization or entity.
"(B) The definition in subparagraph (A) shall not include—
"(i) a local educational agency, State educational
agency, a State department of education, or an elementary
or secondary school as defined by the Elementary and
Secondary Education Act of 1965;
"(ii) an institution of higher education as defined by
section 1201(a) of the Higher Education Act of 1965; or
"(iii) a local organization sponsored by an elementary
or secondary school, a recreational organization, an entertainment orgguiization, a local sports activity group, or
a social club.
"(C) For the purpose of subsection (a) only, such term
does not include an organization or entity that provides an
educational program if such organization or entity—
"(i) recruits, for participation in such program, solely
through a local school official; and
"(ii) does not offer a local school official, teacher, or
other school personnel compensation (other than compensation for actual expenses incurred in performing chaperon
activities or for participating in separate, professionally-
staffed teacher training and technical assistance seminars
and workshops related to such program) or any other benefit for such recruitment.
"(3) EDUCATIONAL PROGRAM. — (A) Except as provided in
subparagraph (B), the term 'educational program' means a special honors program, seminar, citizenship experience, government study program, educational vacation, student exchange
program, or other educational experience or honor—
"(i) that is generally directed toward minors or secondary school students;
"(ii) for which a tuition or enrollment fee is charged;
"(iii) that is offered away from a student's regular
place of school attendance;
"(iv) that includes not less than one supervised night
away from home; and
"(v) that is intended to enhance a student's regular
course of study.
"(B) Such term does not include a recreational program,
or a social or religious activity.
"(4) LOCAL SCHOOL OFFICIAL. — The term 'local school official' means the highest administrative official serving a school
district, or such individual's designee.
"(5) MINOR. —The term 'minor' means an individual who
has not attained the age of 18 years.
"(6) MEMBERSHIP ORGANIZATION. —The term 'membership
organization' includes any organization that maintains a membership list or collects dues or membership fees from its members.
"(7) RECREATIONAL ORGANIZATION.— The term 'recreational
organization' includes any organization or entity that has as
its primary function pleasure, amusement, or sports activities.
"(8) RECREATIONAL PROGRAM.The term 'recreational program' includes any activity or service that is intended as an
entertainment pastime.".
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