1. What is an Indiana "approved" student foreign exchange program?

Indiana Code (20-8.1-6.1-6) states that:

A foreign student visiting in Indiana under any student exchange program approved by the Indiana State Board of Education 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, which receives a foreign student, may not be paid any transfer tuition. The school corporation shall include the foreign student in computations for purposes of determining the amount of state aid, which it is entitled to receive.

The Indiana State Board of Education resolved on July 11, 1979, that the student foreign exchange programs designated by the U.S. Department of State are the only exchange visitor programs in which foreign students may participate in order to attend Indiana schools without providing transfer tuition. The U.S. Department of State list of designated programs; entitled “Organizations Designated to Administer a High School Exchange Visitor Program” may be accessed by clicking on "Current Sponsor List".

2. What is a U.S. Department of State designated high school exchange visitor program?

U.S. Department of State designated high school visitor exchange programs are programs authorized to issue certificates of eligibility (DS-2019) for use in securing a J-1 visa and admission to the United States. A current listing of the “Organizations Designated to Administer a High School Exchange Visitor Program” , may accessed by clicking on "Current Sponsor List". The J-1 visa is a non-immigrant visa category intended for use by the U.S. government and private, nonprofit organizations to promote educational and cultural exchange. Organizations, such as nonprofit exchange programs or colleges and universities, may be designated by the U.S. Department of State as approved J-1 exchange visitor programs.

3. What are the responsibilities of U.S. Department of State designated programs?

U.S. Department of State regulations controlling designated foreign exchange programs are outlined in federal rules and regulations. (See “Secondary School Students” in the Federal Register, 62.25, included in this packet.) Included in these rules are the requirements concerning mandatory health and accident insurance and the regulations on the maintenance of accurate records for each participant. Other major provisions require that sponsors (i.e., high school visitor exchange programs):

• be tax exempt [§ 62.25(b)(1)];
• require all participants to pursue a full course of study … of not less than one academic semester nor more than two academic semesters [§ 62.25(c)(1)];
• assure that participants are secondary students in their home country who have not completed more than eleven years of primary and secondary study, exclusive of kindergarten [§ 62.25(e)(1)(i)];
• limit their programs to participants of at least 15 years of age but not more than 18½ years at time of initial school enrollment [§ 62.25(e)(1)(ii)];
• have not previously participated in an academic year or semester secondary school student exchange program in the U.S. [§ 62.25(e)(3)];
• secure prior written acceptance for the enrollment of any student participant in a U.S. public or private secondary school (We interpret the intent of this regulation to be that schools have the right to limit the number of foreign exchange students they will accept, regardless of whether they are from one or more sponsors.) [§ 62.25(f)(1)];
• not facilitate the enrollment of more than five students in one school unless the school itself has requested, in writing, the placement of more than five students [§ 62.25(f)(5)]; and
• ensure adequate orientation to participants and their host families [§ 62.25(g) & § 62.25(k)].

4. If a school does not know in advance of a foreign exchange student arriving in its attendance area, may the school deny enrollment to the student? (See note following this question.*)

No foreign exchange student should “appear on the door step” of a school without the knowledge and permission of the school administration. “Sponsors (high school visitor exchange programs) shall secure prior written acceptance for the enrollment of any student participant in a United States public or private secondary school. Such prior acceptance shall: (i) be secured from the school principal or other authorized school administrator of the school or school system that the student participant will attend; and (ii) include written arrangements concerning the payment of tuition or waiver thereof if applicable. Under no circumstance shall a sponsor facilitate the entry into the United States of a student for whom a school placement has not been secured.” [§ 62.25(f)]

To violate this regulation with the intent of getting students into the country so that the state Compulsory Education Law takes precedent would be considered fraudulent.

If a change of home stay becomes necessary, the sponsor should make every effort to place the student with another family in the same school district or same school. If this is not possible, a different district should be identified and contacted first before a host family is contacted in that district. This will ensure consent from the school district before a family has made the commitment to host an exchange student.

*These regulations apply only to students with J-1 Visas (High School Visitor Exchange Students sponsored by a U.S. Department of State designated high school visitor exchange program). The Compulsory Education Law IC 20-8.1-3 requires attendance of students from age 7 to age 18 whether or not they are legally domiciled in Indiana. Children of illegal immigrants cannot be denied enrollment.

5. Must school systems develop an ESL program for foreign exchange students who are limited English proficient?

The regulations do not address this issue specifically; however, they do require that “Sponsors (high school visitor exchange programs) shall submit to the school a written English language summary of the student’s complete academic course work prior to commencement of school.” [§ 62.25(f)(3)] This should allow school officials to review students’ qualifications in English before accepting them to their school. If a school already has an established ESL program (or services), the school may consider allowing a foreign exchange student who is limited English proficient to attend such classes or receive such services. Otherwise the school is not required to establish ESL services specifically for foreign exchange students who need them.

6. Are there other types of visas for foreign students beside the J-1 visa?

Yes. The J-1 visa is specifically for students participating in U.S. Department of State designated exchange visitor programs. Foreign students may also study in the U.S. under an F-1 visa, as outlined in section 214.3 of the Federal Register. This is a student visa under the administration of the U.S. Citizenship and Immigration Services (USCIS) and not the U.S. Department of State.

7. How is an F-l visa obtained?

In order to be issued an F-l visa, an I-20 [Certificate of Eligibility for Non-immigrant (F-1) Student Status] must be obtained from the hosting school and be presented to the American Embassy or an American Consulate in the foreign student’s home country.

8. Who is authorized to issue the I-20?

Any educational institution, including public and nonpublic high schools, which is SEVIS designated and has received approval for attendance of non-immigrant students from USCIS may issue the I-20. To apply for authorization to issue I-20s, a school must submit an I-17 (Petition for Approval of School for Attendance of Non-immigrant Students). For complete information, visit the USCIS web page “How Do I Apply to Qualify My School for Foreign Student Attendance?”.

SEVIS (Student and Exchange Visitor Information System) facilitates the timely reporting and monitoring of international students in the U.S. SEVIS is an Internet-based application for electronically tracking and reporting on these students and enables schools to transmit electronic information to the Immigration and Customs Enforcement (USICE) and the U.S. Department of State throughout a student’s program in the U.S. SEVIS was initiated from July-December 2002 and has been fully implemented since January 30, 2003. Presently, no foreign exchange students can enter the U.S. without having first been entered into the SEVIS system by either their sponsoring student foreign exchange program (J-1 visa holders) or their hosting high school (F-1 visa holders).

10. Are there schools in Indiana that currently have authorization to issue I-20s?

Yes. However, even if schools were authorized in the past to issue I-20 forms, they may not be presently able to do so, if they have not been SEVIS designated. All institutions, as of January 30, 2003 must be SEVIS designated to issue I-20 forms. To view a listing of SEVIS designated schools, consult the USICE web page at (SEVIS Approved Schools). If your school has already applied for authorization to issue an I-20 and you wish to find out the status of your application, go the USICE web page (Pending Schools).

11. What are the Legal Requirements for F-l Foreign Students in Public Schools?

Congress enacted limitations on certain foreign students planning to study in U.S. public schools. Public Law 104-208, Section 625,, which took effect on November 30, 1996, places the following restrictions on foreign students in F-1 immigrations status:

• prohibits their attendance in public elementary schools (Grades K through 8) or publicly-funded adult education programs;
• limits their attendance in public secondary schools (Grades 9 through 12) to a maximum of 12 months; and
• requires them to reimburse public secondary schools for the full, unsubsidized per capita cost of education for the intended period of study.

12. Where does one go with questions about visas and official documents related to immigration?

For questions dealing with the J-1 visa, consult the U.S. Department of State web page. For questions dealing with the F-1 visa, consult the USCIS web page.

13. Who determines how to evaluate the transcript from a foreign exchange student?

Foreign exchange students are limited to one academic school year (two semesters) of stay in an Indiana school. It is not the intent of student exchange programs to facilitate immigration, and foreign exchange students on J-1 and F-1 visas hold a non-immigrant status. Therefore, foreign exchange students are not considered transfer students. However, evaluation of the foreign exchange student’s transcript may be necessary to inform optimum class placement decisions for the exchange student’s stay in an Indiana school. Accordingly, the local school system is responsible for the final determination of how to interpret the transcript of any transferring student (and the potential granting of credits). If information about the length of the course, the amount of time spent in class during a week or semester, and a course description can be acquired, these may be compared to the credit definition, the course titles and course descriptions approved by the Indiana State Board of Education, and Indiana’s Academic Standards. Some schools have a subject area team of teachers review the specific subject area information to determine the number of credits and the placement of the student.

14. Who determines when a high school may issue a diploma to a student?

The regulations do not address this issue specifically; however, Standard Four of the CSIET (Council on Standards for International Educational Travel) Standards for Long-Term International Education Travel Programs states that “Sponsors (high school visitor exchange programs) shall not promote their programs as providing opportunities for school athletic participation, high school graduation, driver’s education instruction, household domestic service, child care, employment, or other activities that might compromise the student, program, or school.” If a local school district chooses to issue a diploma to a foreign exchange student, it is the responsibility of the local high school to determine which students meet the state minimum requirements for graduation as well as the local high school requirements. A high school may grant a diploma to any student who meets the Indiana State Board of Education minimum requirements (including passing of the GQE) and any additional local requirements. A local school system may waive any of its local graduation requirements; however, a school system may not waive the Indiana State Board of Education minimum requirements.

An “apostille” is a form of authentication issued for documents that will be used in countries that participate in the Hague Convention of 1961 Some foreign exchange students request an apostille to document their study experience in the U.S. The Office of the Secretary of State provides apostille and authentication service to U.S. citizens and foreign nationals for documents that will be used overseas. To find out more information on how to obtain an apostille, consult the Secretary of State’s web page.

1. Who determines what credit a student from the United States receives for completing study as a foreign exchange student?

When a student studies abroad and returns to an Indiana high school, it is the local school system that determines how to grant credit for the course work completed during that exchange program. Students may be requested to furnish proper course titles and descriptions, a list of textbooks used, and a statement concerning the amount of time per week during the exchange period spent in class instruction. This information is not required, but may assist the school in granting credit. Credit for the course work abroad is granted by determining a relationship to the definition of credit from 511 IAC 6-1-1 (e) and the State approved course titles and course descriptions.

2. What procedure should be followed before a student leaves the country?

Any foreign exchange program in which an American student participates should be assessed by the local school corporation prior to the student’s departure to the foreign country. It is important that this be done before the student leaves for the foreign country, so that it is clear in advance to all parties involved what credit will be granted.

The U.S. Department of State list of designated programs; entitled “Organizations Designated to Administer a High School Exchange Visitor Program” may be accessed by clicking on "Current Sponsor List". A booklet describing programs that have been approved by the Council on Standards for International Educational Travel (CSIET) may be obtained from the Council by contacting them by email or calling at 703/739-9050, FAX: 703/739-9035. Their website is available here.