Category Archives: Regulations

2015 Dec 4: CIEE lacked housing for their summer workers on Outer Cape

Provincetown | By Peter J. Brown | Banner Staff | Posted Dec. 3, 2015 at 10:01 AM | Updated Dec 4, 2015 at 3:09 PM

PROVINCETOWN — The stream of foreign students with J-1 visas coming to the Outer Cape for summer jobs could be cut, a major sponsor of the program has warned local officials. The reason is the lack of adequate housing.

The nonprofit Council on International Educational Exchange (CIEE), based in Portland, Maine, contacted Provincetown community housing specialist Michelle Jarusiewicz in mid-October to convey its unease, she told the Community Housing Council two weeks ago. “CIEE is concerned about the limited housing available, and apparently the U.S. State Dept. is concerned, too,” she said. Unless something is done, Jarusiewicz told the council, “they are not going to deem this as an appropriate place for J-1 students. They will be directed elsewhere and employers here would not be able to hire them.”

On Nov. 23 the Provincetown selectmen met with Jarusiewicz and agreed to sponsor a roundtable to discuss the gravity of the situation and what might be done about it. It will take place in mid-December.

The J-1 or “summer work travel” visas are issued to full-time college students from abroad “to share their culture and ideas with people of the United States through temporary work and travel opportunities,” according to the State Dept. (They are not to be confused with H-2B or other temporary visas.) …………….

The rest of the article may be read on Provincetown

2010 Jun 17: Children abroad used in welfare fraud

sahra
Last year, Copenhagen municipality found 380 cases where parents continued to receive child benefit and additional housing benefit although their children no longer resided in Denmark. | Foto: Sten Jørgensen © DR

Kilde: B.T.

17. jun. 2010 10.51 | English

Children living abroad – some of them undergoing so-called re-education – are widely used in welfare fraud, writes daily newspaper BT.

Last year, a Copenhagen municipality control group working on a large welfare fraud project found 380 cases where parents continued to receive child benefit and additional housing benefit although their children no longer resided in Denmark.

The fraud is discovered when schools report back to the municipality thta children don’t show up for class after the holidays because they are now studying abroad – while the municipality continues to pay out additional benefits for children below the age of 18. Parents no longer have the right to benefits once their child has not resided in Denmark for a period of more than six months.

Copenhagen municipality emphasizes that not all the cases involve children on re-education in their parents’ country of origin. There are also cases of Danish children now attending schools abroad, while the parents cash in on benefits.

Baptized while an exchange student in Japan

When I was in EQP I followed up on a 16 year old boy…

…Who had been baptized in Japan while he was there as an exchange student.

His parents were unaware this had happened…I broke the news to them by showing up (his records somehow found their way to us in the US some while after he got home).

They were indignant, and justifiably so. We didn’t argue this one. The bishop did a name removal I think. Even as TBMs we thought those missionaries and that host family were way out of line to convert a minor without the knowledge and consent of his parents, especially when they had him isolated in a foreign country.

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EQP – Mormon Elder’s Quorum President

TBM – True Believing Mormons

2012 Mar 15: State Dept: Fifty teens allegedly sexually abused or harassed by host parent last year

Thu Mar 15, 2012 12:58 PM EDT

By Anna Schecter Rock Center

Fifty high school foreign exchange students reported being sexually abused or harassed by a host parent during the 2010-2011 school year, according to data released by the State Department in response to an NBC News probe.

The Department says that this number is a tiny fraction of the 29,000 students who came to the United States as exchange students last year.

NBC News requested the data as part of a Rock Center investigation that aired Wednesday night.

Watch the full Rock Center investigation HERE.

Three students who said they were sexually abused by their host parents were featured in the report, which was the culmination of a six-month investigation into problems with the exchange program.

NBC News found that a lack of oversight can allow sexual predators to take advantage of the program. And when sexual abuse did happen, there is evidence that the students go back to their home countries with little or no support from the exchange organizations or the State Department.

Over 200,000 students from around the world have come to America to experience the culture and attend a U.S. high school over the past decade.  They are placed with host families by non-profit organizations that are approved by the State Department to find homes for them.

There is an office of 60 people in charge of monitoring the more the 25,000 students that come each year, according to State Department spokesperson Toria Nuland.

Critics say that number is too small, and the Department’s push to bring in as many students as possible has made it impossible for it to ensure each student is placed in a safe and nurturing host family.

“Over the past decade the people at the State Department who were responsible for managing this program were praised and encouraged because the size of the program was growing.  If they reduced the number of students, the program would be safer,” said Jessica Vaughan of the Center for Immigration Studies, a non-profit research organization.

The program dates back to the 1960’s, but the Department said it only started compiling data about allegations of sexual abuse and harassment in 2009 after the Inspector General issued a scathing report on the program.

Stanley Colvin who used to be in charge of youth exchange programs left after 2009.

Of the 66 total cases of sexual harassment or abuse involving a student, nine did not involve a member of the host family, but rather a classmate, friend, neighbor or stranger, and one allegation was against the exchange student.

In  all allegations involving the host family, the [organization] must remove the student immediately to a safe home and notify local authorities–police and/or child protective services–and the Department of State, according to the Department’s regulations.

There is no language in the regulations about getting counseling for the teens that do get abused, or staying in contact with the teen after he or she goes home.

Parallel to any law enforcement investigation, the Department’s Bureau of Education and Cultural Affairs (ECA) is supposed to gather information to determine whether the sponsor has violated any regulations.

Nuland said that ECA has terminated a number of exchange organizations over the past six months and exacted fines on organizations that failed to conduct background checks on host families, as required by law.

“When they have cut corners in other ways we have fined sponsoring organizations, we’ve cut back their access to the program, et cetera.  But these are the kinds of measures that we’re continuing to hone and reform,” Nuland said.

“The vast majority of these kids have a rich, enormously gratifying experience that lasts with them for a lifetime, said Nuland.  “That doesn’t change the fact that we have to have zero tolerance for any of these cases, even one child abused is one too many.  And it is our job to fix this and we will.”

Editor’s Note: Click here to watch Kate Snow’s full report, Culture Shock, which aired on Rock Center with Brian Williams.

US Regulations re religion

“Would you be willing voluntarily to inform the exchange visitor
in advance of any religious affiliations of household members? (Y/N)
Would any member of the household have difficulty hosting a
student whose religious beliefs were different from their own? (Y/N)
Note: A host family may want the exchange visitor to attend one or more religious services or programs with the family. The exchange visitor cannot be required to do so, but may decide to experience this facet of U.S. culture at his or her discretion.”

(75 FR 65975)

2014-2015 Minnesota State High School League Official Handbook

Purpose: The following bylaws are intended to provide a uniform body of rules from which school administrators will certify a student’s eligibility.

2. INTERNATIONAL STUDENTS

A. Transfer eligibility for foreign exchange students and international students is not appealable.

B. FOREIGN EXCHANGE STUDENTS — Cross Reference: Bylaw 106 (Graduates of Secondary Schools).

Foreign exchange students shall be limited to one calendar year of high school participation commencing with their first day of attendance.  A foreign exchange student who is enrolled in and attending a Minnesota high school will be eligible to participate in varsity competition provided that the student meets all of the foreign exchange student blind placement conditions listed below.

(i) The student must be under the auspices of, and be placed with, a host family by an international student exchange program that has been approved for listing by the Council on Standards for International Educational Travel (CSIET) and be recognized by the U.S. Department of State.

(a) The foreign exchange program must assign students to host families by a method that ensures that no student, student’s parents, school, or other interested party may influence the assignment for athletic or other purposes (blind placement).

(b) The foreign exchange student may not be selected or placed on any basis related to their athletic interests or abilities.

(ii) A foreign exchange student is considered to be placed with a host family when written notice of placement is provided by the exchange organization to the student and the student’s parents, and to the host family.

(a) Neither the school the student attends nor any person associated with the host school shall have input into the selection of the student.

(b) No member of the school’s coaching staff, from any sport, paid or voluntary, shall serve as the host family. If a member of the school’s coaching staff does serve as the host family, then the student is only eligible for competition at the junior varsity or lower level.  (See Other International Students below)

(iii) The foreign exchange student must possess a current J-1 visa issued by the U.S. Department of State.  The foreign exchange student must comply with all League eligibility requirements. A completed Foreign Exchange Student Registration Form must be provided to the high school principal and then kept on file at the high school. The electronic transfer document must be submitted and then and approved by the League office before the student is eligible for varsity competition.

  1. Foreign Exchange Students who have completed the terminal or final grade of high school are not eligible for participation in League-sponsored athletic programs at any level.

C. OTHER INTERNATIONAL STUDENTS.

International students shall be limited to one calendar year of high school participation commencing with their first day of attendance.  An international student who is enrolled in and attending a Minnesota high school and who is not under the auspices of and placed by a Council on the Standards for International Educational Travel (CSIET) listed exchange program is ineligible for varsity competition.  An international student will be eligible for junior varsity or lower level competition provided that the student meets all of the conditions listed below:

(i) The student must possess a current F-1 visa issued by the U.S. Immigration and Naturalization Service.

(ii) The student must provide the principal of the school the student attends an official untranslated transcript, as well as a transcript that is translated into English by an acceptable agent or agency, that indicates work taken in all grades in which the student was enrolled.

(iii) The international student must pay tuition to the high school the student attends as prescribed in Section 625 of U.S. Public Law 104-208.

(iv) The international student must comply with all League eligibility requirements, and a completed International Student Registration Form must be provided to the high school principal and approved by the League office before the student is eligible for junior varsity or lower level competition.

2006 Jan-Mar: Federal government seeks to eliminate sexual abuse and exploitation

FOREIGN EXCHANGE STUDENTS: FEDERAL GOVERNMENT SEEKS TO ELIMINATE SEXUAL ABUSE AND EXPLOITATION

Since the Mutual Educational and Cultural Exchange Act of 1961, the U.S. Department of State has been active in promoting educational and cultural exchanges, especially at the high school level where some 1,450 program sponsors facilitate the entry of more than 275,000 foreign exchange students each year. The students are secondary level students. Most of the students are 17 or 18 years of age, but some participants are as young as 15 years of age and often are away from home for the first time.

The Department of State has amended 22 C.F.R. § 62.25, effective May 4, 2006, in an attempt to provide greater security for foreign exchange students. For Program Sponsors, their personnel must be “adequately trained and supervised” and that any person who has “direct personal contact with exchange students” must be “vetted through a criminal background check.” Program Sponsors also cannot make student placements “beyond 120 miles of the home of a local organizational representative authorized to act on the sponsor’s behalf in both routine and emergency matters…” An “organizational representative” cannot serve as “both host family and area supervisor for any exchange student participant.” In addition, there must be, at a minimum, monthly schedules of personal contact with the student and the host family. The school must have contact information for the local organizational representative. § 62.25(d).

Prospective foreign exchange students must be secondary students in their home country and not have completed more than eleven (11) years of primary and secondary study (kindergarten excluded), or be at least 15 years of age but not older than 18 years and six months of age as of the program start date. § 66.25(e).

The Sponsor must “secure prior written acceptance for the enrollment of any exchange student participant in a United States public or private secondary school.” § 66.25(f)(1). In addition, the Sponsor “must provide the school with a translated ‘written English language summary’ of the exchange student’s complete academic course work prior to commencement of school, in addition to any additional documents the school may require. Sponsors must inform the prospective host school of any student who has completed secondary school in his/her country.” § 66.25(f)(4). Also, Sponsors “may not facilitate the enrollment of more than five exchange students in one school unless the school itself has requested, in writing, the placement of more than five students.” § 66.25(f)(5).

Sponsors are also required to better prepare exchange students, especially “how to identify and report sexual abuse or exploitation.” The exchange student will also receive a “detailed profile of the host family” as well as a “detailed profile of the school and community” where the student will participate. The exchange student will be issued an identification card, with contact numbers should there be an emergency. § 66.25(g).

Host families must be screened, which must include “an in-person interview with all family members residing in the home.” A host family must have a good reputation and character. This must be supported by at least two (2) personal references “from the school or community attesting to the host family’s good reputation and character.” Each member of the host family who is 18 years of age or older must undergo a criminal background check. Also, “[e]xchange students are not permitted to reside with relatives.” § 66.25(j).

Sponsors must report immediately to the Department of State “any incident or allegation involving the actual or alleged sexual exploitation or abuse of an exchange student participant.” This would be in addition to any State or local reporting requirement. § 66.25(m).

Tragedy In Wisconsin

Although the Department of State did not indicate any precipitating event for the amendment of its regulations to require more direct involvement of Sponsors and the closer scrutiny of host families, the case of Kristin Beul, a 16-year-old German exchange student, and her tragic placement in a dysfunctional Wisconsin family had to be a primary motivation.

In Beul v. ASSE International, Inc., 233 F.3d 441 (7th Cir. 2000), the U.S. 7th Circuit Court of Appeals let stand a jury verdict of $649,000 against a non-profit corporation that operates international student exchange programs. Beul paid ASSE a $2,000 fee in order to secure a year in the United States. She was placed with the Bruce family in Wisconsin. The family consisted of Richard, the father (40 years of age); his wife; and their 13-year-old daughter. The Bruce family was selected by Marianne Breber, ASSE’s Area Representative.

As a Sponsor, ASSE was subject to regulations by the Department of State, U.S. Information Agency, that require Sponsors to train their agents, monitor the progress and welfare of the exchange visit, and require a regular schedule of personal contact with the student and the host family. Violations of these regulations are evidence of negligence as they define the duty of care a Sponsor owes to an exchange student. See 22 C.F.R. §§ 62.10(e)(2); 62.25(d)(1), (4). 233 F.3d at 444-45.

Beul arrived in Wisconsin from Germany in September of 1995. She was met at the airport by the father of the host family, Richard Bruce. Breber did not go to the airport to meet her. In fact, from September to January 21, 1996, Breber met only once with Beul and that was at a shopping mall for a brief orientation. Berber gave Beul her telephone number. Breber did call the host family a few times and spoke once or twice with Beul during these conversation, but Breber made no effort to ensure her conversations with Beul occurred outside the presence of members of the host family. Breber never spoke with Mrs. Bruce, who had concerns her husband “seemed to be developing an inappropriate relationship with Kristin.” Id. at 445-46.

Beul had “led a sheltered life in Germany. She had had no sexual experiences at all and in fact had had only two dates in her lifetime.” Id. at 446. In November of 1995, Bruce entered her bedroom and raped her. This began “a protracted sexual relationship.” In the following months, Bruce would call the high school Beul was supposed to be attending and report her ill. With his wife at work and his daughter at school, Bruce and Beul could continue their sexual relationship. By February of 1996, Bruce had reported Beul as ill 27 times. He showed Beul a gun and told her that should she tell anyone about their relationship, he would kill himself. Id.

In January, Bruce called Breber and told her that his wife “appeared to be jealous of the time” that he spent with Beul. He invited Breber to dinner on January 21, 1996. During this time, Breber did not meet privately with either Beul or Mrs. Bruce, and she did not observe anything out of the ordinary. In February, Mrs. Bruce told Breber that she and her husband were getting divorced, and Breber found another host family for Beul. Beul did not want to leave the Bruce residence. Breber brought a sheriff’s deputy to the Bruce house to remove Beul. During this time, the deputy asked Beul–in front of Bruce–whether any inappropriate sexual activity had occurred. Beul answered “no.” Breber learned that same date of Beul’s many absences from school when Breber called to indicate Beul would be living with a different host family. Id.

Beul lived with Breber for a few days until the new host family situation could be finalized. During the period, Breber never inquired about a possible sexual relationship between Beul and Bruce. Breber advised the host family that Beul was not to contact Bruce for a month, but Breber never informed Bruce he should not contact Beul. They continued to communicate. Beul “decided that she was in love with Bruce and considered herself engaged to him.” Id.

In April, Mrs. Bruce discovered some of Beul’s love letters to Bruce and alerted law enforcement. A deputy interviewed Bruce. Bruce had a previous conviction for having sex with a sixteen-year-old girl. The day after the interview, Bruce killed himself, leaving a suicide note expressing fear of jail. “It is undisputed that the events culminating in Bruce’s suicide inflicted serious psychological harm on Kristin[.]” Id.

The 7th Circuit rejected ASSE’s argument that Beul’s determination to conceal her relationship with Bruce negated any failure of ASSE’s agent–Breber–to maintain closer contact with Beul, the Bruce family, and the high school. There is no causal relation between ASSE’s negligence and Beul’s harm, ASSE argued.

But it is improbable, and the jury was certainly not required to buy the argument. Suppose Breber had inquired from the school how Kristin was doing–a natural question to ask about a foreigner plunged into an American high school. She would have learned of the numerous absences, would (if minimally alert) have inquired about them from Kristin, and would have learned that Kristin had been “ill” and that Richard Bruce had been home and taken care of her. At that point the secret would have started to unravel.

Id. at 447. The 7th Circuit opined that the high school would not be liable for the consequences of Bruce’s sexual activity with Beul, even if the high school should have reported her frequent absences to Breber. The criminal sexual activity and resulting suicide were not foreseeable by the school.

But part of ASSE’s duty and Breber’s function was to protect foreign girls and boys from sexual hanky-panky initiated by members of host families. Especially when a teenage girl is brought to live with strangers in a foreign county, the risk of inappropriate sexual activity is not so slight that the organization charged by the girl’s parents with the safety of their daughter can be excused as a matter of law from making a responsible effort to minimize the risk. [Citations omitted.] Sexual abuse by stepfathers is not uncommon [citation omitted], and the husband in a host family has an analogous relationship to a teenage visitor living with the family.

Id. at 448. The court also found that ASSE was “standing in the shoes of the parents of a young girl living in a stranger’s home far from her homeland and could reasonably be expected to exercise the kind of care that the parents themselves would exercise if they could to protect their 16-year-old daughter from the sexual pitfalls that lie about a girl of that age in those circumstances. ASSE assumed a primary role in the protection of the girl.” Id.

In Indiana

Indiana has a statutory reference to foreign exchange students. It can be found at I.C. § 20-26-11-10(b). The relevant language is reproduced below.

I.C. § 20-26-11-10 Tuition for Children of Certain State Employees and Foreign Exchange Students

* * *

(b) A foreign student visiting in Indiana under any student exchange program approved by the state board is considered a resident student with legal settlement in the school corporation where the foreign exchange student resides. The student may attend a school in the school corporation in which the family with whom the student is living resides. A school corporation that receives a foreign student may not be paid any transfer tuition. The school corporation shall include the foreign student in computations to determine the amount of state aid that it is entitled to receive.

In essence, a foreign exchange student placed with an Indiana host family through an approved student exchange program has “legal settlement” in the public school district where the host family resides and may attend the public school without payment of transfer tuition. The statutory provision does not address a host of other concerns, such as whether a foreign exchange student who completes all graduation requirements (including passing the Graduation Qualifying Examination) can receive a high school diploma (the student can); who determines whether a foreign exchange student has met all State and local graduation requirements (the local public school district does); and who is responsible for providing to the public school district a translation of the student’s transcript from the student secondary school program in the student’s home country (under federal regulations, it is the Sponsor’s responsibility, see supra).

The Indiana Department of Education also maintains information for schools, Sponsors, and students at its web site. See http://www.doe.state.in.us/opd/studentexchange/stu_exch.html. The web site contains a Question-and-Answer document on various issues as well as links to pertinent federal agencies involved or interested in foreign exchange students.

1999 Jul 29: Former exchange student who had affair suing program

BEUL v. ASSE INTERN., INC.No. 98-C-426.

233 F. 3d 441 – Kristin Beul, et al. v. Asse International, Inc., et al.

Red highlight added by me