Policy JFABB Admission of Non-immigrant Foreign Exchange Students

File: JFABB

Admission of Non-immigrant Foreign Exchange Students

The district recognizes the educational and cultural value of international exchange programs and foreign exchange students and authorizes the admission of a limited number of non-immigrant foreign exchange students to the education programs offered in the district’s schools. To protect the interests of the district, its schools and students, only foreign exchange students from approved exchange programs and students privately sponsored by district residents may be admitted. The district reserves the right to deny admission to any student, in accordance with applicable law.

Foreign exchange students shall not be considered candidates for high school diplomas from the district. However, these students may be awarded a certificate of completion.

Approved exchange programs are those designated by the United States Department of State. Foreign exchange students admitted as part of an approved program are considered wards of the families with whom they reside.

Privately sponsored foreign exchange students may be enrolled if an adult resident of the district has been given temporary guardianship and the student lives in the home of that guardian and if the student meets all legal requirements for a student visa.

This policy and the accompanying regulation apply to non-immigrant foreign exchange students who temporarily reside within the district’s boundaries without their parents/legal guardians for the purpose of attending school. These students are those who qualify for a J-1 visa or an F-1 visa under regulations issued pursuant to the Immigration and Naturalization Act. This policy and accompanying regulation do not apply to resident aliens, political exiles, or students from other countries residing within the district’s boundaries with their parents/legal guardians.

Foreign students on an F-1 visa shall only attend secondary schools within the district and are required by law to pay the district for the full, unsubsidized per capita cost to the district for providing education to the student for the period of his or her attendance. The period of attendance may not exceed 12 months.

Foreign students on a J-1 visa are not required by law to pay tuition.

Adopted: August 9, 2005

Revised: Septemer 23, 2014

LEGAL REFS.: 8 U.S.C. 1101 (a)(15)(F)(i) (definition of nonimmigrant student)

8 U.S.C. 1184 (m) (admission of nonimmigrant elementary and secondary school students)

22 C.F.R. 62.25 (eligibility for and administration of foreign exchange secondary student visitor programs)

Huerfano School District Re-1, Walsenburg, Colorado