AB 2609, as introduced, Chau. Advertising: educational conferences.
Existing law prohibits various specified advertising practices, including, among others, a prohibition on an educational travel organization, as defined, from placing or using any misleading or untruthful advertising or statements or making a substantial misrepresentation in conducting an educational travel program. Under existing law, the violation of any of these prohibitions is a misdemeanor.
This bill would require an educational conference organization, as defined, that provides materials related to an educational conference, as defined, directly to a school or school employee for purposes of distribution to a student to include specified disclosures in the materials and to provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. The bill would also prohibit the organization from addressing the materials to a student by name or otherwise requesting that materials be provided directly to the student. As a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) K-12 students are particularly vulnerable to solicitations for
4educational leadership conferences or forums that may appear to
5be selective awards or competitive honors, but are in fact
6sophisticated solicitations, often from for-profit companies.
7(b) While such conferences and forums may have merit as
8learning experiences for students, it is nevertheless important to
9ensure that students, parents, and teachers are not misled by these
10solicitations. The State of California has previously enacted laws
11regulating educational travel organizations in order to protect
12students engaged in educational travel.
13(c) Because it is of the utmost importance that the State of
14California take action to protect students from misleading or false
15advertising, promote quality in educational travel experiences,
16encourage public confidence in leadership conferences or forums,
17and assist organizations soliciting participation in these conferences
18or forums in complying with safe and reputable practices, it is the
19intent of the Legislature to establish appropriate disclosure
20requirements and further restrictions on these solicitations.
Section 17531.3 is added to the Business and
22Professions Code, to read:
(a) For purposes of this section, the following terms
24have the following meanings:
25(1) “Educational conference” means a leadership conference,
26forum, camp, or other similar event, when participation in the event
27is represented as being limited to students nominated to participate
28in the event.
29(2) “Educational conference organization” or “organization”
30means a person, partnership, corporation, or other entity that plans
31and advertises educational conferences to students residing in the
32State of California.
P3 1(3) “Student” means a person who is enrolled in elementary or
2secondary school, grade kindergarten through
grade 12, at the time
3an educational conference is arranged with an educational
4conference organization.
5(b) An educational conference organization that provides
6materials related to an educational conference directly to a school
7or any employee thereof for purposes of distribution to a student
8shall comply with all of the following:
9(1) The organization shall provide the materials in a sealed
10envelope or other packaging addressed to the parent or legal
11guardian of the student.
12(2) The organization shall not address the materials to a student
13by name or otherwise request that materials be provided directly
14to the student.
15(3) The organization shall include in the materials all of the
16
following disclosures, in clear and conspicuous language:
17(A) That the materials constitute a solicitation for the sale of a
18product.
19(B) The legal form of the organization making the solicitation,
20including whether the organization is a nonprofit or for-profit
21organization.
22(C) The legal owner, if any, of the organization making the
23solicitation.
24(D) The specific eligibility criteria required for participation in
25the solicited educational conference or conferences, if any.
26(E) An itemized list of the costs to participate in the educational
27conference and the total price of participating in the educational
28conference, including estimated expenses not included in the price
29of the
educational conference.
30(F) Whether or not a third-party nomination is required to
31participate in the educational conference, or if an individual may
32be self-nominated or nominated by a parent or guardian.
33(G) The total amount, if any, of funding or other support,
34including employment or grants for school supplies, the
35organization has provided to the student’s school or the school’s
36employees during the last three years before the date of the
37solicitation.
38(H) A phone number, email address, or Internet Web site that
39a parent or guardian may use to contact a government agency
P4 1within the relevant jurisdiction for purposes of filing a complaint
2related to the solicitation or solicited educational conference.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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