Policy 509: Tracking Foreign Exchange Students and Foreign Exchange Visitors

In compliance with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, this district will cooperate with the U.S. Citizenship and Immigration Service (USCIS) in tracking foreign students and foreign exchange visitors, and, when required, will collect fees.

DEFINITIONS

“Designated Official,” “Designated School Official (DSO)” or “Principal Designated School Official (PDSO)” means a regularly employed member of the school administration whose office is located at the school and whose compensation does not come from commissions for recruitment of foreign students.

“Foreign student” or “F-1 visa holder” means an alien having a residence in a foreign country which he or she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established academic high school particularly designated by him or her and approved by the Attorney General after consultation with the Secretary of Education.

“Foreign exchange visitor” or “J-1 visa holder” means an alien having a residence in a foreign country which he or she has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a sponsor program designated by the Director of the United States Information Agency for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. The terms “foreign exchange visitor” or “J-1 visa holder” also include the spouse and minor children of any such alien if accompanying him or her or following to join him or her.

DESIGNATION OF PDSO AND DSO

The Superintendent or designee will designate a PDSO and DSO(s) for each school within the district that is eligible to enroll foreign students or foreign exchange visitors. The PDSO and DSO will be (i) either a citizen or lawful permanent resident of the United States; (ii) responsible for updating the Student and Exchange Visitor Information System (SEVIS) to reflect the addition or deletion of any DSO on his or her campus; and (iii) the point of contact on any compliance issues related to the tracking and enrollment of foreign students and foreign exchange visitors. The district may nominate as many DSOs in addition to PDSOs as they determine necessary to adequately provide recommendations to foreign students or foreign exchange visitors enrolled at the school regarding maintenance of nonimmigrant status and to support timely and complete recordkeeping and reporting to USCIS.

COLLECTING INFORMATION

This district will collect and forward to the USCIS, via the SEVIS automated system, and within the required timeframes and format, the following information regarding each foreign student or foreign exchange visitor enrolled in the district:

1. Identification of the school, including name and full address;

2. Identitification, including name while in attendance and record of any legal name change, date and place of birth, country of citizenship, the school’s student identification number, and current address where the student resides;

3. Record of coursework, including periods of enrollment; course identification codes and titles; number of credits and grade; the term unit (e.g. semester, quarter, etc.); course withdrawal; grade point average for each term; and cumulative credits and cumulative grade point average;

4. Record of transfer hours accepted and type of hours, course identification and grades;

5. Academic status, including the effect date or period if suspended, dismissed, placed on probation or withdrawn;

6. Whether the student has been certified for practical training, and the beginning and end dates of certification;

7. Statement of graduation, if applicable, including the title of degree received, and date conferred;

8. Termination date and reason;

9. Signed certificate of eligibility stating which school within the district the student will attend;

10. Start date of the student’s next semester;

11. Nonimmigrant classification, date of visa issuance, and date of extension or change of status;

12. Student’s failure to enroll, or complete the educational program;

13. Current academic status, including whether the student is maintaining full-time status, or, in the case of an exchange visitor, whether the student is satisfying the terms and conditions of the exchange program;

14. Any change of the student’s legal name or address;

15. Any disciplinary action taken by the district as a result of a criminal conviction of the student, or, in the case of an exchange visitor, any change in J program participation as a result of the alien’s conviction of a crime.

16. Date of early graduation, if applicable.

RECORDKEEPING

The district will keep a record of having complied with the reporting requirements of this policy for at least three (3) years after the student is no longer pursuing a full course of study. In addition, the district will maintain records of students for which the district has recommended reinstatement for a student who is out of status, which request was denied, for a period of three (3) years from the date of denial. The district will also maintain and be able to provide to USCIS an academic transcript or other routinely maintained student records that reflect the total, unabridged academic history of the student.

LEGAL REFERENCE:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Immigration and Nationality Act, 8 U.S.C. §1101(a)(15)(F)(i)

8 CFR §214.3(g)

ADOPTED: December 18, 2019

AMENDED:

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