USC Part 2

USC Part 2
in effect

20 U.S.C. § 1226b Responsibility of States to furnish information

(a) Biennial reports; contentsEach State educational agency shall submit to the Secretary a report on or before March 15 of every second year. Each such report shall include—(1) information with respect to the uses of Federal funds in such State in the two preceding fiscal years under any applicable program under the jurisdiction of the State educational agency; and (2) information with respect to the uses of Federal funds in such State in the two preceding fiscal years under any Federal program administered by the State that provided grants or contracts to a local educational agency in the State. (b) Additional contentsEach report submitted under subsection (a) shall—(1) list, with respect to each program for which information is provided, all grants made to and contracts entered into with local educational agencies and other public and private agencies and institutions within the State during each fiscal year concerned; (2) analyze the information included in the report by local educational agency and by program; (3) include the total amount of funds available to the State under each such program for each fiscal year concerned; and (4) be made readily available by the State to local educational agencies and institutions within the State and to the public. (c) Delinquent or incomplete reportsIf the Secretary does not receive a report by the date required under subsection (a), or receives an incomplete report, the Secretary, not later than 30 days after such report is required to be submitted, shall take all reasonable measures to obtain the delinquent or incomplete information from the State educational agency. (d) Availability of informationWhen the Secretary receives a report required under subsection (a), the Secretary shall provide such information to the National Center for Education Statistics, and shall make such information available, at a reasonable cost, to any individual who requests such information. (e) Congressional telecommunications networkThe Secretary shall consult with the Speaker and Minority Leader of the House of Representatives and the Majority and Minority Leaders of the Senate regarding the costs and feasibility of making the information described in subsection (a) available as part of a telecommunications network that is readily accessible to every member of Congress and other interested parties. (f) Reports by SecretaryOn or before August 15 of each year in which reports are submitted under subsection (a), the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate. Such report shall include—(1) an analysis of the content and data quality of such reports; (2) a compilation of statistical data derived from such reports; and (3) information obtained by the Secretary with respect to—(A) direct grants made to local educational agencies by the Federal Government; and (B) contracts entered into between such agencies and the Federal Government.

20 U.S.C. § 1226c Biennial evaluation report

Not later than March 31, 1995, and every two years after such date, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate an evaluation report on the effectiveness of applicable programs in achieving such programs’ legislated intent and purposes during the two preceding fiscal years. Such report shall— (1) contain program profiles that include legislative citations, multiyear funding histories, and legislated purposes; (2) contain recent information on the progress being made toward the achievement of program objectives, including listings of program performance indicators, data from performance measurement based on the indicators, and information on the costs and benefits of the applicable programs being evaluated; (3) address significant program activities, such as initiatives for program improvement, regulations, and program monitoring and evaluation; (4) list the principal analyses and studies supporting the major conclusions in such report; (5) be prepared in concise summary form with necessary detailed data and appendixes, including available data to indicate the effectiveness of the programs and projects by the race, sex, disability and age of beneficiaries of such programs and projects; and (6) include the results of the program evaluations conducted in accordance with section 7981 of this title.

20 U.S.C. § 1226c–1 Availability of education reports, etc., to Congressional committees

Any evaluation report or data or information collected in preparation of such report, which is paid for with appropriated funds, shall be made available, upon request, within 4 days to the chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives and of the Committee on Labor and Human Resources of the Senate.

20 U.S.C. § 1228a Equity for students, teachers, and other program beneficiaries

(a) PurposeThe purpose of this section is to assist the Department in implementing the Department’s mission to ensure equal access to education and to promote educational excellence throughout the Nation, by—(1) ensuring equal opportunities to participate for all eligible students, teachers, and other program beneficiaries in any project or activity carried out under an applicable program; and (2) promoting the ability of such students, teachers, and beneficiaries to meet high standards. (b) Requirement to develop steps to ensure equityThe Secretary shall require each applicant for assistance under an applicable program (other than an individual) to develop and describe in such applicant’s application the steps such applicant proposes to take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with such assistance, by addressing the special needs of students, teachers, and other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color, national origin, disability, and age. (c) Establishment of criteriaThe Secretary may establish criteria and provide technical assistance for meeting the requirements of this section. (d) Effect on other lawsNothing in this section shall be construed to alter in any way the rights or responsibilities established under the laws cited in section 1221(d) of this title.

20 U.S.C. § 1228b Coordination

The National Assessment Governing Board, the Advisory Council on Education Statistics, the National Education Goals Panel, and any other board established to analyze, address, or approve education content or student performance standards and assessments shall coordinate and interact with one another in order to ensure that each such entity does not duplicate activities to assist the States in reforming their educational systems.

20 U.S.C. § 1228c Disclosure requirements

(a) In generalEach educational organization, prior to enrolling a minor and 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 selectionThe 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 a local school official, teacher, or school personnel, including any compensation or other benefit offered to such official, 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) Cost and feesInformation 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 nonscholastic 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. (b) Nondiscriminatory enrollment and service policy(1) In generalEach 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 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. (2) ConstructionNothing 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) EnforcementThe 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) DefinitionsAs used in this section:(1) DisabilityThe term “disability” has the same meaning given to such term by section 12102(2) of title 42. (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 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 terms “elementary school” and “secondary school” in section 7801 of this title); (ii) an institution of higher education as defined by section 1001 of this title; or (iii) a local organization sponsored by an elementary or secondary school, a recreational organization, an entertainment organization, 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,11 So in original. The comma probably should not appear. or a social or religious activity. (4) Local school officialThe term “local school official” means the highest administrative official serving a school district, or such individual’s designee. (5) MinorThe term “minor” means an individual who has not attained the age of 18 years. (6) Membership organizationThe term “membership organization” includes any organization that maintains a membership list or collects dues or membership fees from its members. (7) Recreational organizationThe term “recreational organization” includes any organization or entity that has as its primary function pleasure, amusement, or sports activities. (8) Recreational programThe term “recreational program” includes any activity or service that is intended as an entertainment pastime.

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