File: JFABB - Admission of Non-immigrant Foreign Exchange Students

NOTE: While Colorado school districts are not required by law to adopt a policy on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

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 in accordance with this policy and accompanying regulation. 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.

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 and who qualify for a 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 exchange students sponsored by an approved program (J-1 visa)

To protect the interests of the district, its schools and students, only foreign exchange students from an exchange program designated by the United States Department of State will be considered. Foreign exchange students admitted as part of an approved program are considered wards of the families with whom they reside.

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

NOTE: The following sub-section should be included, if applicable to the district.

Foreign exchange students privately sponsored (F-1 visa)

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.

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.

(Adoption date)

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)

CROSS REF.: JFABA, Nonresident Tuition Charges

[Revised June 2018]