international students and homestay programs · documentation –student / parents • special...
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International Students and Homestay Programs:
Identifying the Risks and Designing Your School’s Approach
Debra Wilson, Legal CounselNational Association of Independent Schools (NAIS)
Heather J. Broadwater, PartnerPotomac Law Group, PLLC
Drivers of International Enrollment
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US Economic Issues
Interest in Multicultural Experience and Education
International Interest in US
Education
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International Students in Danger
3
HTTP://WWW.CNN.COM/2015/03/11/US/CALIFORNIA-
SCHOOLS-PAY-TO-STAY-SCHEME-KOREAN-CHINESE-
STUDENTS/INDEX.HTML
HTTP://WWW.AJC.COM/NEWS/NEWS/CRIME-LAW/GWINNETT-
COUPLE-ACCUSED-OF-MOLESTING-EXCHANGE-STUD/NZWXC/
HTTP://WWW.10NEWS.COM/NEWS/LOCAL-STUDENT-
EXCHANGE-PROGRAMS-UNDER-FIRE
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Pathways for Independent Schools
Partner or
Outsource to
Vendor
Prohibit
Residing with
Non-Family
Establish and
Operate
Homestay Program
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Managing Components of Homestay
5
Host Families
• Recruitment &
Expectations
• Selection & Criteria
• Preparation
• Expectations
• Authority
• Documentation
Parents
• Expectations
• Responsibility &
Delegation• Accessibility
• Documentation
Students • Recruitment &
Expectations
• Selection &
Criteria
• Preparation
• Expectations
• DocumentationSchool
and / or
Vendor
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Legal Landscape
• Civil Law vs. Criminal Law
• “A Cause of Action”
• Civil Law – Torts
• “Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category.” (dictionary.law.com)
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Legal Landscape
• Civil Law – Contracts
• “Breach of Contract” – “failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods… being late without excuse, or any act which shows the party will not complete the work (‘anticipatory breach’). Breach of contract is one of the most common causes of law suits for damages and/or court-ordered ‘specific performance’ of the contract.” (dictionary.law.com)
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Students
• Recruitment
• Eligibility, Criteria, and Selection
• Realistic Expectations of:
• School
• Host Family
• Parents
• Responsibilities
• Documentation
• Preparation
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Host Families
• Recruitment• Eligibility, Criteria, and Selection
• Realistic Expectations• Compensation• Risk and Liability
• Authority
• Responsibility
• Preparation
• Documentation
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Parents of International Students
• Marketing and Reaching Target Pool of Parents / Students
• Recruitment• Eligibility, Criteria, and Selection
• Expectations
• Responsibility and Delegation of Authority
• Communication• Accessibility and Responsiveness• Comprehension and Cooperation
• Material Information – Accurate and Complete
• Documentation
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“BLUF – Bottom Line Up Front”
• Who expected what from us?
• Did we deliver?
• If not, why not?
• Did they deliver what we expected from them?
• If not, why not?
• Was anyone harmed?
• Was the failure to deliver as expected the cause of the harm?
• Can anyone make it right?
• If so, who and how, and are they the party who should have to make it right?
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“The 911 Example”
• Designation
• Instruction
• Confirmation
• Verification
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Documentation – Student / Parents
• Application for Admission (and Related Records)
• Testing
• References and Background Investigation
• Enrollment Contract• Standard Terms and Conditions
• Medical (and Other Material) Information
• Authority vs. Financial Responsibility vs. Funding
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Documentation – Student / Parents
• Special Issues of International Enrollment• Payment, Enforcement, and Collection
• Additional Requirements
• Online Process
• Payment Schedule
• Permission, Waivers, and Designation of Authority
• Language and Translation (and Electronic Signatures)
• Domestic Guarantor or Guardian
• Return Transportation
• Breaks
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Documentation – Host Family
• Application to Host?
• Reference and Background Checks
• Host Family Agreement
• Early Termination
• Compensation / Reimbursement
• Effects of Early Termination
• Certifications and Attestations
• Reporting Obligations
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Related Documentation
• Medical Data Form
• Medical Authorization or Medical Power of Attorney
• Financial Responsibility for Medical Costs
• Limits on Authority
• Special Issues with Differing Standards of Treatment
• Handbook or Guide (in Combination with Meetings)
• Help Provide an Overview of the Program
• Easy Reference for Addressing (and Preventing) Issues
• Challenges of Blending Cultures, Families, and Households – “That’s Not How We Do Things”
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Other Relevant Parties?
• Vendor Levels of Service or Involvement*• ‘Underground’• ‘School Recruiters and Marketers’• ‘Student Promoters’• ‘Matchmakers’ • ‘In Loco Parentis’
• And Others?• Associations / Groups of Concerned Parties• Accrediting Bodies• Government Authorities
* Note, these are the presenter’s terms that may lead to a blank stare when used with audiences who did not attend this webinar.
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Involvement of Other Parties
• Clarity• Roles and Responsibilities
• Selection• Supervision• Indemnity• Security and Safety• Transportation• Authorization
• Representation and Loyalty• Who is the client? What is the service?• To anticipate and avoid conflicts of interest
• Written Agreement• Terms, conditions, warranties, services, compensation and
payment, termination, non-competition, non-solicitation, decision-making authority, etc.
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Clarity Is Key
• Who Are the Parties?
• What Are the Relationships Between Them?
• What relationships are direct?
• What relationships are indirect (i.e. through another party or parties)?
• What relationships might be assumed or misunderstood?
• Written Agreements!!!
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Presenter Contact Information
Debra P. Wilson | Legal Counsel | National Association of Independent Schools
1129 20th Street, NW, Suite 800, Washington, DC 20036
Tel: (202) 973-9716 | Fax: (888) 316-3862
[email protected] | www.nais.org
Heather J. Broadwater | Partner | Potomac Law Group, PLLC1300 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004Tel: (706) 713-1204 | Fax: (202) 318-7707 @[email protected] | www.potomaclaw.com
20© Copyright 2015 Potomac Law Group, PLLC. All Rights Reserved