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- State Dept. Proposes Rule on Exchange Visitor Program Secondary School Students
[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Proposed Rules]
[Page 68200-68208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de09-23]-----------------------------------------
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 6853]
RIN 1400-AC56
Exchange Visitor Program--Secondary School Students
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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SUMMARY: The Department of State is proposing to amend and improve the Exchange Visitor Program regulations by providing greater specificity and clarity to sponsors of the Secondary School Student category with respect to the execution of sponsor oversight responsibilities under the exchange visitor programs. This section of the regulations governs Department
[[Page 68201]]
designated exchange visitor programs under which foreign secondary school students (ages 15-18\1/2\) are afforded the opportunity to study in the United States at an accredited public or private secondary school for an academic semester or an academic year while living with an American host family or residing at an accredited U.S. boarding school. Specifically, the Department is proposing to amend existing regulations regarding the screening, selection, school enrollment, orientation, and monitoring of overall quality assurance on behalf of student participants; and the screening, selection, orientation, and quality assurance monitoring of host families. This program is recognized as one of the Department's most valued exchange initiatives. The Department believes, however, that the lack of sufficient specificity in the regulations or lack of suitable, minimum industry standards may have contributed to the placement of students with unacceptable, or poorly screened, host families thereby putting at risk the health, safety and well-being of this most vulnerable group of exchange visitors. The Department also recognizes that local coordinators, who serve as representatives (employees or volunteers) of the Secondary School Student sponsors and who have responsibility for obtaining school enrollment and locating and recruiting host families, are the critical link to a successful exchange program. Local coordinators exercise a degree of independent judgment when determining whether a potential host family is capable of providing a comfortable and nurturing home environment for a Secondary School Student, whether that family is an appropriate match for the student, and whether they have adequate financial resources to undertake hosting obligations. Accordingly, the Department proposes the adoption of an annual testing and certification program for all local and regional coordinators that will entail, inter alia, specifying more clearly the Department's regulatory requirements as well as all sponsoring organization specific training required by the organization for whom the local and regional coordinators work.
DATES: The Department will accept comments from the public up to February 22, 2010.
ADDRESSES: You may submit comments, identified by any of the following methods:
Persons with access to the Internet may view this notice and provide comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.
Mail (paper, disk, or CD-ROM submissions): U.S. Department of State, Office of Designation, SA-5, Floor 5, 2200 C Street, NW., Washington, DC 20522-0505.
E-mail: JExchanges [at] state [dot] gov. You must include the title and RIN in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant Secretary for Private Sector Exchanges, U.S. Department of State, SA-5, Floor 5, 2200 C Street, NW., Washington, DC 20522-0505; or e-mail at jexchanges [at] state [dot] gov.
SUPPLEMENTARY INFORMATION: The Department has authorized Secondary School Student programs since 1949, following passage of the United States Information and Educational Exchange Act of 1948 and adoption of 22 CFR Part 68--Exchange Visitor Program, establishing a student exchange program (14 FR 4592, July 22, 1949). Over the last 60 years, more than 850,000 foreign exchange students have lived in and learned about America through these Secondary School Student programs.
In 1993, the United States Information Agency, the predecessor agency with oversight of the Exchange Visitor Program, substantially rewrote the regulations governing the Exchange Visitor Program, including the Secondary School Student category. (See 58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994, redesignated at 64 FR 54539, Oct. 7, 1999.) Since this time, significant changes in makeup of the American family and widespread access to new technologies have necessitated additional updates to the regulations governing the Secondary School Student Exchange Visitor Program category. In 2006, the Department adopted new regulations set forth at 22 CFR 62.25 to require Secondary School Student program sponsors to complete criminal background checks on all officers, employees, agents, representatives and volunteers acting on their behalf who have direct contact with exchange students and to require program sponsors to contact host families and students monthly. Additionally adopted were the requirements that all adult members of a host family household (age 18 or older) undergo a criminal background check prior to the placement of an exchange student in the home, and that sponsors must report any allegation of sexual misconduct to both the Department and local law enforcement authorities as required in that jurisdiction (see http:// www.childwelfare.gov for a list by state of child abuse and neglect statutes). (71 FR 16696, April 4, 2006.)
Educational and cultural exchanges are the cornerstone of U.S. public diplomacy and an integral component of American foreign policy. Secondary School Student exchange programs promote mutual understanding by providing foreign students the opportunity to study in American high schools while living with an American host family. Not only are the students themselves transformed by these experiences, but so too are their families, friends, and teachers in their home countries. By studying and participating in daily student life in the United States, Secondary School Student participants gain an understanding of and an appreciation for the similarities and differences between their culture and that of the United States. These students enrich their schools and communities with different perspectives of other cultures and events, providing the local community with new and diverse perspectives. Secondary School Student exchanges also foster enduring relationships and lifelong friendships which help build longstanding ties between the people of the United States and other countries. American Secondary School Students are provided opportunities to increase their knowledge and understanding of the world through these friendships. Participating schools gain from the experience of having international students in the classroom, at after-school activities, and in their community.
The great majority of exchange students who come to the United States to attend high school become more accepting of the democratic values of American society and its cultural differences, grow in independence and maturity, improve their English language skills, and overall enjoy a positive life-changing experience. As with other Exchange Visitor Program categories, the underlying purpose of the Secondary School Student Program is to further U.S. diplomatic and foreign policy goals by encouraging this positive academic and social interaction. Experience has shown that these students will share the knowledge and goodwill derived from their exchanges with their fellow citizens upon return to their home countries.
While most of the Department's nearly 30,000 annual exchanges of secondary school students conclude with positive experiences for both the exchange student and the American
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host family, a number of incidents have occurred recently with respect to student placement and oversight which demand the Department's immediate attention. The success of the Secondary School Student program is dependent on the generosity of the American families who support this program by welcoming foreign students into their homes. The Department believes, however, that the current status of the U.S. economy has made it more difficult to find sufficient numbers of suitable host families. The number of qualified foreign students desiring to come to the United States for a year of high school continues to rise and student demand is now placing pressure on the ability of sponsors to identify available and appropriate host family homes. The Depart