UNITED STATES DEPARTMENT OF STATE PART 62—EXCHANGE VISITOR PROGRAM § 62.25 Secondary school students. (a) P urpose. This section gov erns Department o f State des ignated exchange visitor pr
ograms un der which f oreign s econdary school students are afforded the opportunity to study in the United States at accredited public or private secondary schools f or an academic s emester or an ac ademic year, while living with American host families or residing at accredited U.S. boarding schools. (b) Program s ponsor eligibility. Eligibility f or designation as a secondary s chool s tudent ex change v isitor pr ogram s ponsor i s l imited t o organizations: (1) W ith tax-exempt s tatus a s c onferred by t he I nternal R evenue Service pursuant to section 501(c)(3) of the Internal Revenue Code; and (2) Which are United States citizens as such term is defined in § 62.2. (c) Program e ligibility. Secondary s chool s tudent exchange v isitor programs designated by the Department of State must: (1) Require all exchange students to be enrolled and participating in a full course of study at an accredited academic institution; (2) Allow entry of exchange students for not less than one academic semester (or qu arter eq uivalency) an d no t m ore than two ac ademic semesters (or quarter equivalency) duration; and (3) Ensure that the program is conducted on a U.S. academic calendar year b asis, e xcept for s tudents from c ountries w hose academic y ear i s opposite t hat o f t he U nited S tates. Exchange s tudents m ay begin an exchange program in the second semester of a U.S. academic year only if specifically p ermitted t o do s o, i n w riting, by t he s chool i n w hich t he exchange s tudent i s e nrolled. I n al l c ases, s ponsors m ust notify both the host family and school prior to the exchange student’s arrival in the United States whether the placement i s for an academic semester, an academic year, or a calendar year. (d) Program a dministration. Sponsors must ensure that all organizational o fficers, em ployees, r epresentatives, a gents, and v olunteers acting on their behalf: (1) Are adequately trained. Sponsors must administer training for local coordinators that specifically includes, at a minimum, instruction in: Conflict resolution; procedures for handling and reporting emergency situations; awareness or k nowledge o f c hild s afety s tandards; i nformation o n s exual conduct codes; procedures for handling and reporting allegations of sexual misconduct or any other allegations of abuse or neglect; and the criteria to be used to screen potential host families and exercise good judgment when identifying what constitutes suitable host family placements. In addition to their own training, sponsors must ensure that all local coordinators complete the Department of State mandated training module prior to their appointment as a l ocal coordinator or as sumption o f d uties. T he D epartment of State training module will include instruction designed to provide a comprehensive understanding o f the E xchange V isitor P rogram; i ts publ ic di plomacy objectives; a nd the S econdary S chool S tudent category r ules an d regulations. Sponsors m ust demonstrate t he i ndividual’s s uccessful completion of all initial training requirements and that annual refresher training is also successfully completed. (2) Are adequately supervised. Sponsors must create and implement organization-specific s tandard operating pr ocedures f or t he s upervision of local coordinators designed to prevent or deter fraud, abuse, or misconduct in the performance of the duties of these employees/agents/volunteers. They must also have sufficient internal controls to ensure that such employees/agents/volunteers c omply w ith s uch s tandard op erating procedures. (3) H ave b een v etted a nnually t hrough a c riminal bac kground c heck (which m ust i nclude a s earch of t he D epartment o f J ustice’s N ational Sex Offender Public Registry); (4) Place no exchange student with his or her relatives; (5) Make no ex change s tudent pl acement b eyond 1 20 m iles o f t he home of the local coordinator authorized t o ac t on the s ponsor’s be half i n b oth r outine a nd em ergency matters arising from t hat ex change s tudent’s participation i n the E xchange Visitor Program; (6) Make no monetary payments or other incentives to host families; (7) Provide exchange students with reasonable access to their natural parents and family by telephone and email; (8) M ake c ertain that t he ex change s tudent’s gov ernment i ssued documents (i.e., passports, Forms DS–2019) are not removed from his/her possession; (9) Conduct the host family orientation after the host family has been fully vetted and accepted; (10) Refrain, without exception, from acting as: (i) Both a host family and a local coordinator or area supervisor for an exchange student; (ii) A host family for one sponsor and a local coordinator for another sponsor; or (iii) A local coordinator for any exchange student over whom he/she has a position of trust or authority such as the student’s teacher or principal. This requirement is not applicable to a boarding school placement. (11) M aintain, at m inimum, a m onthly s chedule o f personal c ontact with t he ex change s tudent. T he first m onthly contact between t he l ocal coordinator and the exchange student must be in person. All other contacts may take place in-person, on the phone, or via electronic mail and m ust be properly documented. The sponsor is responsible for ensuring that issues raised through such contacts are promptly and appropriately addressed. (12) T hat a s ponsor r epresentative o ther t han t he l ocal c oordinator who r ecruited, s creened a nd s elected t he h ost f amily v isit t he ex change student/ h ost family h ome w ithin t he first or s econd m onth following t he student’s placement in the home. (13) Maintain, at a minimum, a monthly schedule of personal contact with the host family. At least once during the fall semester and at least once during the spring semester, (i.e., twice during the academic year) the contact by the local c oordinator w ith the host family must be in per son. All ot her contacts may take place in person, on the phone, or via electronic mail and must be properly documented. The sponsor is responsible for ensuring the issues raised through such contacts are promptly and appropriately addressed. (14) That ho st schools ar e pr ovided contact information f or t he local organizational representative (including name, direct phone number, and email ad dress), the pr ogram s ponsor, a nd the D epartment’s Office of Designation; and (15) Adhere to all regulatory pr ovisions set forth in this Part and a ll additional terms and conditions governing program administration that the Department may impose. (e) Student selection. In addi tion t o satisfying t he r equirements o f § 62. 10(a), s ponsors m ust ensure t hat al l par ticipants i n a des ignated s econdary s chool s tudent exchange visitor program: (1) Are secondary school students in their home countries who have not completed more than 11 years of primary and secondary study, exclusive of kindergarten; or are at least 15 years of age, but not more than 18 years and six months of age as of the program start date;
(2) Demonstrate maturity, good character, and scholastic aptitude; and (3) Have not previously participated in an academic year or semester secondary school student exchange program in the United States or attended school in the United States in either F–1 or J–1 visa status. (f) Student enrollment. (1) Sponsors must secure prior written acceptance for the enrollment of a ny ex change s tudent i n a U nited S tates p ublic or pr ivate s econdary school. Such prior acceptance must: (i) Be secured from the school principal or other authorized school administrator of the school or school system that the exchange student will attend; and (ii) Include written arrangements concerning the payment of tuition or waiver thereof if applicable. (2) Under no circumstance may a s ponsor facilitate the entry into the United States of an exchange student for whom a w ritten school placement has not been secured. (3) Under no c ircumstance may a sponsor c harge a student private school t uition i f s uch ar rangements ar e n ot finalized i n w riting prior t o t he issuance of Form DS–2019. (4) S ponsors m ust m aintain c opies of all w ritten ac ceptances for a minimum of three years and make such documents available for Department of State inspection upon request. (5) Sponsors must provide the school with a translated ‘‘written English language s ummary’’ o f t he exchange s tudent’s complete academic c ourse work pr ior t o c ommencement o f s chool, i n a ddition t o a ny additional documents t he s chool m ay r equire. S ponsors m ust i nform t he prospective host school of any student who has completed secondary school in his/her home country. (6) 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 from the sponsor. (7) Upon issuance of a Form DS–2019 to a prospective participant, the sponsor ac cepts f ull responsibility f or securing a school an d hos t f amily placement for the student, except in cases of voluntary student withdrawal or visa denial. (g) Student or ientation. In a ddition t o t he orientation r equirements s et forth at § 62.10, all sponsors must provide exchange students, prior to their departure from their home countries, with the following information: (1) A s ummary o f all op erating procedures, r ules, a nd r egulations governing student participation in the exchange visitor program along with a detailed summary of travel arrangements; (2) A copy of the Department’s welcome letter to exchange students; (3) Age and language appropriate information on how to identify and report sexual abuse or exploitation; (4) A detailed pr ofile of the h ost family w ith whom t he ex change student w ill be pl aced. T he profile m ust s tate whether t he h ost family i s either a permanent placement or a temporary arrival family; (5) A detailed profile of the school and community in which the exchange student will be placed. The profile must state whether the student will pay tuition; and (6) A n i dentification c ard, that l ists t he exchange s tudent’s name, United States hos t f amily placement address and t elephone num bers (landline a nd c ellular), s ponsor n ame a nd m ain o ffice a nd emergency telephone numbers, name and telephone numbers (landline and cellular) of the l ocal c oordinator a nd area r epresentative, the telephone n umber of Department’s O ffice o f D esignation, and t he S econdary S chool S tudent program toll free emergency telephone number. The identification card must also contain the name of the health insurance provider and policy number. Such cards must be corrected, reprinted, and reissued to the student if changes i n c ontact i nformation oc cur du e t o a c hange i n t he s tudent’s placement. (h) Student extra-curricular a ctivities. Exchange students may participate i n s chool s anctioned and s ponsored ex tracurricular activities, including athletics, if such participation is: (1) A uthorized by the l ocal s chool di strict i n which t he s tudent i s enrolled; and (2) A uthorized by t he s tate a uthority r esponsible f or d etermination of athletic eligibility, i f a pplicable. S ponsors s hall not k nowingly b e party t o a placement (inclusive of direct placements) based on athletic abilities, whether initiated by a student, a natural or host family, a school, or any other interested party. (3) A ny pl acement i n w hich either t he s tudent or t he s ending organization in the foreign country is party to an arrangement with any other party, including receiving school personnel, whereby the student will attend a particular school or live with a particular host family must be reported to the particular school and the National Federation of State High School Associations prior to the first day of classes. (i) S tudent employment. Exchange s tudents may not b e em ployed on either a full or p art-time bas is bu t may ac cept sporadic or intermittent employment such as babysitting or yard work. (j) Host family application and s election. Sponsors must adequately screen and select all potential host families and at a minimum must: (1) Provide potential host families with a detailed summary of the Exchange V isitor P rogram a nd o f their r equirements, o bligations and commitment to host; (2) Utilize a standard application form developed by the sponsor that includes, at a minimum, all data fields provided in Appendix F, ‘‘Information to be C ollected on S econdary S chool S tudent H ost F amily A pplications’’. The form must include a statement stating that: ‘‘The income data collected will be used solely for the purposes of determining t hat t he basic needs o f t he exchange s tudent c an b e m et, including t hree q uality m eals a nd t ransportation t o a nd from s chool activities.’’ S uch a pplication form m ust b e s igned an d da ted at t he t ime o f application by all potential host family applicants. The host family application must be d esigned t o provide a detailed s ummary an d profile o f t he h ost family, t he p hysical home e nvironment ( to i nclude p hotographs o f t he h ost family home’s exterior and grounds, kitchen, student’s bedroom, bathroom, and family or living room), family composition, and community environment. Exchange students are not permitted to reside with their relatives. (3) Conduct an in-person interview with all family members residing in the home where the student will be living; (4) E nsure t hat t he host family i s c apable of providing a c omfortable and nurturing home environment and that the home is clean and sanitary; that the exchange student’s bedroom contains a separate bed for the student t hat i s neither c onvertible n or i nflatable i n nature; and t hat t he student has a dequate s torage s pace f or c lothes and p ersonal bel ongings, reasonable access t o b athroom facilities, s tudy s pace i f not o therwise available in the house and reasonable, unimpeded access to the outside of the house in the event of a fire or similar emergency. An exchange student may share a b edroom, but w ith no more than one other individual o f the same sex. (5) Ensure that the host family has a good reputation and character by securing two personal references from within the community from individuals who are not relatives of the potential host family or representatives of the
sponsor (i.e., field s taff o r v olunteers), a ttesting to t he h ost family’s g ood reputation and character; (6) E nsure t hat the h ost family ha s a dequate financial r esources t o undertake hosting obligations and is not receiving needs-based government subsidies for food or housing; (7) Verify that each member of the host family household 18 years of age and older, as well as any new adult member added to the household, or any member of the host family household who will turn eighteen years of age during the ex change student’s stay in that household, has undergone a criminal background check (which must include a search of the Department of Justice’s National Sex Offender Public Registry); (8) Maintain a record of all documentation on a student’s exchange program, including but not limited to application forms, background checks, evaluations, and interviews, for all selected host families for a period of three years following program completion; and (9) E nsure t hat a potential s ingle adult h ost parent w ithout a c hild in the home undergoes a s econdary l evel r eview by a n or ganizational representative other t han the i ndividual w ho r ecruited and s elected t he applicant. Such secondary review should include demonstrated evidence of the i ndividual’s friends or family w ho can pr ovide an additional support network for t he exchange s tudent and evidence o f t he i ndividual’s ties t o his/her community. Both the exchange student and his or her natural parents must agr ee i n w riting i n ad vance o f the s tudent’s pl acement w ith a s ingle adult host parent without a child in the home. (k) Host f amily or ientation. In addition t o t he orientation r equirements set forth in § 62.10, sponsors must: (1) I nform al l hos t families of t he philosophy, r ules, and r egulations governing t he s ponsor’s exchange v isitor pr ogram, i ncluding examples of ‘‘best practices’’ developed by the exchange community; (2) Provide all selected host families with a copy of the Department’s letter of appreciation to host families; (3) P rovide all s elected h ost families w ith a c opy o f D epartment of State promulgated Exchange Visitor Program regulations; (4) Advise all selected host families of strategies for cross-cultural interaction a nd c onduct w orkshops t o familiarize hos t families w ith c ultural differences and practices; and (5) Advise host families of their responsibility to inform the sponsor of any and all m aterial c hanges i n t he s tatus o f t he host family or s tudent, including, but not limited to, changes in address, finances, employment and criminal arrests. (l) Host family placement. (1) Sponsors must secure, prior to the student’s departure from his or her home country, a permanent or ar rival hos t family placement for each exchange student participant. Sponsors may not: (i) Facilitate the entry into the United States of an exchange student for whom a host family placement has not been secured; (ii) P lace m ore t han one ex change s tudent w ith a h ost family without the express prior written consent of the host family, the natural parents, and the students being placed. Under no circumstance may more than two exchange students be placed with a host family, or in the home of a local coordinator, regional coordinator, or volunteer. Sponsors may not place students from t he s ame c ountries or w ith t he s ame na tive l anguages i n a single home. (2) Prior to the student’s departure from his or her home country, sponsors must advise both the exchange student and host family, in writing, of the respective family compositions and backgrounds of each, whether the host family placement is a permanent or arrival placement, and facilitate and encourage the exchange of correspondence between the two. (3) I n t he event of u nforeseen c ircumstances t hat necessitate a change of host family placement, the sponsor must document the reason(s) necessitating s uch c hange a nd pr ovide t he D epartment of State w ith an annual s tatistical s ummary r eflecting t he num ber and r eason(s) f or s uch change in host family placement in the program’s annual report. (m) Advertising and Marketing for the recruitment of host families. In addition to the requirements set forth in § 62.9 in advertising and promoting for host family recruiting, sponsors must: (1) Utilize only promotional materials that professionally, ethically, and accurately reflect the sponsor’s purposes, activities, and sponsorship; (2) Not publicize the need for host families via any public media with announcements, n otices, a dvertisements, e tc. t hat are n ot s ufficiently i n advance of the exchange student’s arrival, appeal to public pity or guilt, imply in an y w ay that an exchange s tudent w ill b e denied participation i f a host family i s no t found i mmediately, or i dentify p hotos o f i ndividual exchange students and include an appeal for an immediate family; (3) N ot pr omote or r ecruit for t heir pr ograms i n a ny w ay that compromises t he privacy, s afety or s ecurity o f par ticipants, families, or schools. Specifically, s ponsors s hall n ot i nclude per sonal s tudent d ata or contact information (including a ddresses, phone numbers or email addresses) or photographs of the student on Web sites or in other promotional materials; and (4) Ensure that access to exchange student photographs and personally identifying information, either online or in print form, is only made available to potential host families who have been fully vetted and selected for program participation. Such information, if available online, must also be password protected. (n) Reporting requirements. Along with t he annual report required by regulations s et forth at § 62.15, s ponsors m ust f ile w ith t he D epartment of State the following information: (1) Sponsors must immediately report to the Department any incident or allegation involving the actual or alleged sexual exploitation or any other allegations of abuse or neglect of an exchange student. Sponsors must also report such allegations as required by local or state statute or regulation. Failure to report such incidents to the Department and, as required by state law or regulation, t o l ocal l aw e nforcement authorities shall be grounds for the s uspension and r evocation of t he s ponsor’s Exchange Visitor P rogram designation; (2) A r eport o f al l final ac ademic y ear an d s emester pr ogram participant pl acements by A ugust 3 1 for t he u pcoming academic y ear or January 15 for the Spring semester and calendar year. The report must be in the format directed by the Department and must include at a minimum, the exchange s tudent’s full n ame, F orm D S–2019 n umber ( SEVIS I D #) , hos t family placement (current U.S. address), school (site of activity) address, the local coordinator’s name and zip code, and other information the Department may request; and (3) A r eport o f al l s ituations w hich r esulted i n t he placement o f an exchange s tudent w ith m ore t han one h ost family or i n m ore t han o ne school. T he r eport m ust be i n a format di rected by t he D epartment and include, at a m inimum, the exchange student’s full name, Form DS–2019 number ( SEVIS I D #) , host family pl acements ( current U .S. a ddress), schools ( site of activity a ddress), t he r eason for t he c hange i n placement, and the date of the move. This r eport is du e by July 31 for the previous academic school year.
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