INTERNATIONAL AND EXCHANGE PROGRAMS: MANAGING THE PROCESS AND RISKS

Transcription

1 INTERNATIONAL AND EXCHANGE PROGRAMS: MANAGING THE PROCESS AND RISKS P R E S E N T E D B Y : SUZANNE BOGDAN Chair, Education Practice Group, Fisher & Phillips LLP SEAN MURPHY Head of School, St. Andrew s Episcopal School

2 Hypothetical Student A arrived from China on August 1. You advise the student that he must attend a summer previews program to enhance his English-language proficiency. Every new international student must do so. The student and his parent refuse. The mother also advises you that the student will not stay with the host family designated. Instead, he will share a house with that other Chinese have rented for their children.

3 Hypothetical You tell the mother that the summer program is mandatory and that the student must live with a natural parent or the host family. The family refuses and claims that you are breaching the enrollment agreement, which did not contain these conditions. Can you revoke the admission?

4 Problems Schools Have Encountered Students who arrive unable to communicate well in English Students who have undisclosed medical or psychological impairments Lack of clarity in living arrangements, enrollment requirements, or responsibility for return travel Failure to confirm authority of individual who is making decisions on child s behalf

5 Problems Schools Have Encountered Host parents who have interacted inappropriately with students or fail to provide care needed Agents that disappear when an crisis comes up requiring immediate assistance Lack of clarity in the agency documents regarding relative responsibilities

6 Possible Legal Claims Negligence Negligent supervision Breach of contract Breach of fiduciary duty Violation of the ADA Fraud/misrepresentation Vicarious liability for recruiter s acts

7 How Do You Avoid The Problems? Have a comprehensive international student program that anticipates and addresses issues up front Designate an appropriate and experienced liaison Conduct cultural sensitivity training for your staff and host families Be watchful, communicate frequently with student, host family, student s family, and respond to issues immediately

8 Type Of Program Preliminary Questions Use an agent for recruiting and housing? Use an agent for recruiting only? Handle everything directly through the school?

9 Type Of Program Preliminary Questions Do you want to bring in international students for one or more years? Are you more interested in exchange programs with other schools for shorter periods? Combination of both? What countries?

10 Planning The Program Consider the issues that will likely come up and decide how you will handle Will the student be permitted to drive? Under what conditions? Who must the student live with? Host family? Parent? Another family member? If over 18, can s/he live on his/her own? Can student live with other international students?

11 Planning The Program Will the student be permitted to participate in competitive athletics? Are there any athletic rules that require special consideration? Florida is considering limiting eligibility for international students to one year Florida will find international students ineligible once they reach terminal grade in home country

12 Planning The Program If student must be returned to the home country, what arrangements will be made? Will the recruiter accompany the student home? Will a faculty member / administrator accompany the student home? Will you require the parent to make the arrangements? Can the student travel alone?

13 Process If The School Recruits/Hosts Use a Master Checklist that includes each step of the process Includes all steps for the international student to be enrolled Includes all steps for the host family to be qualified Includes all steps for the student s travel, arrival, first day of school, acclimation, etc.

14 Master Checklist: Process For Student Admission Completion of comprehensive application Skype interview Obtain copies of prior academic records (translated into English) English proficiency examination Confirmation of insurance

15 Master Checklist: Process For Student Admission Signed Student/Family Agreement Signed Enrollment Agreement Signed Powers of Attorney All money up front Process I-20

16 Student Application Form Much more comprehensive than your domestic student form You want to know much more about the student and the family to ensure that this student will be successful at your school More medical questions, including disabilities, special needs, prior testing, medical history, surgeries, allergies, dental, vision, prescriptions, etc.

17 Student Application Form Questions about dietary restrictions, religious affiliation, disciplinary processes, experience with pets, habits, etc. English proficiency of student and various family members (or other emergency contacts) Hobbies, athletic interests, ability to swim

18 Student Application Form Smoking/drinking, criminal issues Experience in living away from home, traveling Disciplinary history at student s prior schools How the student deals with conflict

19 International Enrollment Agreement May be similar to domestic enrollment agreement, but must have additional components and some different provisions You want to have all money paid up front in US dollars before the school processes the I-20 Determine what you will refund if the I-20 cannot be issued (and for what reasons) Specify that any refund will be returned to the same account/person from which it came

20 International Enrollment Agreement Specify that English is the governing language of all documents and the language spoken at school Address where disputes will be resolved Include clauses requiring cooperation with host family and school liaison Include any conditions that may be imposed, such as testing for class placement, requirement to attend English language classes, housing requirements, etc.

21 International Enrollment Agreement Address insurance requirements Acknowledge rules, expectations, and consequences for violation Establish financial responsibility for return travel Expectations regarding host family issues Required to stay with the assigned host family Follow rules/guidelines of host family Reporting procedures for any concerns with host family

22 International Enrollment Agreement Address cash or credit arrangements for student s needs Require that parents sign power of attorney in favor of both host family and school s liaison (or designated replacement) to authorize medical services Agreement to cooperate if student must be returned home

23 International Enrollment Agreement Address process if student is charged with a crime Governing law, dispute resolution Release/Waiver in favor of school

24 Powers Of Attorney One for school; one for host family Covers all travel issues, medical care and treatment Covers ability to take any and all actions reasonable or necessary for the care and protection of the student Includes a waiver and release Have notarized (probably at embassy)

25 Hypothetical A student s parents call you to advise that their child says the host family father has been sneaking into the student s room at night, watching the student, and touching the student in private areas. How should your program and documents address this?

26 Master Checklist: Host Family Process Completion of comprehensive application Criminal background check for all persons living in house Driving record check for anyone who will drive student Confirmation of insurance (auto, home) House inspection Execution of Host Family Agreement

27 Host Family Application Should be comprehensive you are representing that this home is safe for the international student You want to know everything you can about the entire host family, the house, the anticipated living arrangements Ask for photos of the entire family and of the house, including the designated room

28 Sample Questions For Host Family Application Full names and occupations of host parents Details about every person living in the house (including grandparents, uncles, etc.) Questions about criminal background for all persons living in the home Questions about driving records for all

29 Sample Questions For Host Family Application Hobbies, interests, typical weekends, athletic interests, types of foods they eat, restaurants they frequent Dietary restrictions or imposed limitations Consumption of alcohol, smoking

30 Sample Questions For Host Family Application Religious affiliation and worship schedule Pet information (size, type, indoor/outdoor, attach photograph) Disciplinary guidelines

31 Sample Questions For Host Family Application Whether they have ever hosted an international student Travel abroad experience Languages spoken

32 Sample Questions For Host Family Application Find out as much as you can about the designated living area for the student Size of room Shared with another? Who? Age? Furniture, closet, desk, bed Shared bathroom? With who? Locks on door

33 Sample Questions For Host Family Application Details of homeowners and auto insurance Details about the house and yard How large, number of bedrooms/baths Whether it has a pool; fenced? Whether it has a fireplace. Used? Hurricane windows? Shutters? Number of exits Any businesses conducted in the home? Weapons in the house?

34 Sample Provisions For Host Family Application Get non-family references Provide notice regarding criminal background and driving record checks Ask family to outline family / teenager rules (providing a sample) Commitment to cultural sensitivity training

35 House Inspection The school s designated liaison must visit the house and inspect all areas Overall condition, cleanliness Alarms (entry, smoke), weapons, hazards Confirm size, entrances, amenities, pets, pool

36 House Inspection Anticipated room for student Confirm furniture, locks, bed Confirm whether bedroom is shared With whom? Confirm bathroom arrangements. Access for computer? Where?

37 Host Family Agreement Confirms the hosting of a particular named student for specified period Confirms names of adults living in household and/or adults responsible for care of student and obligates parent to advise if anyone else moves into the home

38 Host Family Agreement Consent to background checks Outlines housing obligations (amenities), food agreement, transportation Agreement to cooperate with school liaison Boundary expectations with student

39 Host Family Agreement Reporting obligations for concerns with student (medical, boundary, behavioral, etc.) Compensation agreement and impact of removal of student Waiver and release Disputes; governing law

40 Master Checklist: Host Family Training Train all members of host family on cultural sensitivity Train host parents on reporting obligations for any concerns observed Train on student/adult boundary expectations

41 Hypothetical A student you received through a recruiter arrived in the US four days after having major surgery. The student is extremely ill and must either go into the hospital or home immediately. You cannot reach the recruiter to figure out how this must be addressed. Who should make the decisions? Who should make arrangements to return the student to his home country?

42 Recruiter Relationship Recruiter/Agent agreement must be very clear on obligations Recruiting only? Hosting? Managing day-to-day communications with parents? Responsible for emergency travel back? Liaison with School to resolve issues?

43 Recruiter Relationship Even if Recruiter/Agent handles substantial issues: You want to determine student admission and want your enrollment agreement executed by the parents. You want all money up front before issuing the I-20 You want the ability to communicate directly with the parents at all times

44 Recruiter Relationship Is the recruiting relationship exclusive? Commission paid to the agency by the school? Reduced commission after first year? Agreement to communicate with each other for full disclosure of any concerns with student/family.

45 Recruiter Relationship No assignment of agreement No automatic renewal of term Agreement to promptly resolve concerns Disputes; governing law

46 Student Exchange Programs Typically arrangements in which one school trades students with another school Family of departing student hosts incoming students Same liability concerns Process should be handled with care and forethought

47 Student Exchange Programs Should have a Memorandum of Understanding between the Schools addressing: Number of students Timeframes Language to be used in each country Costs (usually incidentals)

48 Student Exchange Programs Memorandum of Understanding: (con t) Background checks for host families? Some countries do not permit it Cross-indemnification between schools How disputes will be resolved what country s law controls? Each school reserves right to dismiss students

49 Student Exchange Programs Potential liability to School for host family acts is same regardless of whether time is one week or one full year. Utilize Same Essential Forms for US: Host Family Application Host Family Agreement Appropriate Boundary Policies

50 Master Checklist: Student Arrival Host family and student meet with liaison Any final testing, processing, and English language classes are completed Liaison introduces student to the school and other students

51 Master Checklist: Student Arrival Liaison explains policies to students, including boundary expectations, and how to report any concerns Liaison is available for any needs and monitors progress with teachers, dean of students, etc. Liaison is in daily contact with both student and host family for first several weeks; then weekly (as needed); provides parents regular updates by or phone

52 Final Thoughts With thorough planning, the right documents, trained people, and good processes, you can avoid a large number of problems that other schools have suffered through. Unavoidable issues will occur. Act quickly to address them and keep the lines of communication open.

53 Final Questions?

54 Your Presenters Sean Murphy Head of School St. Andrew s Episcopal School smurphy@sasaustin.org Suzanne K. Bogdan Chair of the Education Practice Group Fisher & Phillips LLP, Ft. Lauderdale sbogdan@laborlawyers.com