[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR62.25]

[Page 295-297]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents
 
                 Subpart B--Specific Program Provisions
 
Sec. 62.25  Secondary school students.

    (a) Introduction. These regulations govern Department of State 
designated exchange visitor programs under which foreign national 
secondary students are afforded the opportunity for up to one year of 
study in a United States public or private secondary school, while 
living with an American host family or residing at an accredited U.S. 
boarding school.
    (b) Program sponsor eligibility. Eligibility for designation as a 
secondary school student exchange program sponsor shall be limited to;
    (1) Organizations with tax-exempt status as conferred by the 
Internal Revenue Service pursuant to section 501(c)(3); and
    (2) Organizations which are United States citizens as such terms is 
defined Sec. 62.2.
    (c) Program eligibility. Secondary school students exchange programs 
designated by the Department of State shall:
    (1) Require all participants to pursue a full course of study at an 
accredited educational institution as such terms are defined in this 
Part of not less than one academic semester (or quarter equivalency) nor 
more than two academic semesters (or quarter equivalency) duration; and
    (2) Be conducted on an academic calendar year basis provided, 
however, participants may begin in the second

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semester of an academic year if specifically permitted to do so, in 
writing, by the school in which the exchange visitor is enrolled.
    (d) Program administration. Sponsors shall ensure that all officers, 
employees, agents, and volunteers acting on their behalf:
    (1) Are adequately trained and supervised;
    (2) Make no student placement outside a 150 mile radius of the home 
of an organizational representative authorized to act on the sponsor's 
behalf in both routine and emergency matters arising from a student's 
participation in their exchange program;
    (3) Ensure that no organizational representative act as both host 
family and area supervisor for any student participant whom that 
organizational representative may host;
    (4) Maintain a regular schedule of personal contact with the student 
and host family, and ensure that the school has contact information for 
the local organizational representative and U.S. offices of the sponsor; 
and
    (5) Adhere to all regulatory provisions set forth in this Part and 
all additional terms and conditions governing program administration 
that the Department of State may from time to time impose.
    (e) Student selection. In addition to satisfying the requirements of 
Sec. 62.10(a), sponsors shall ensure that all participants in a 
designated secondary school student exchange program:
    (1) Are bona fide students who:
    (i) Are secondary school students in their home country who have not 
completed more than eleven years of primary and secondary study, 
exclusive of kindergarten; or
    (ii) Are at least 15 years of age but not more than 18 and six 
months years of age at the time of initial school enrollment;
    (2) Demonstrate maturity, good character, and scholastic aptitude; 
and
    (3) Have not previously participated in an academic year or semester 
secondary school student exchange program in the United States.
    (f) Student enrollment. (1) Sponsors 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.
    (2) Sponsors shall maintain copies of all written acceptances and 
make such documents available for Department of State inspection upon 
request.
    (3) Sponsors shall submit to the school a written English language 
summary of the student's complete academic course work prior to 
commencement of school.
    (4) 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.
    (5) Sponsors shall 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.
    (g) Student orientation. In addition to the orientation requirements 
set forth herein at Sec. 62.10, all sponsors shall provide students, 
prior to their departure from the home country, with the following 
information:
    (1) A summary of all operating procedures, rules, and regulations 
governing student participation in the exchange program;
    (2) A detailed profile of the school, family, and community in which 
the student is placed;
    (3) A detailed summary of travel arrangements;
    (4) An identification card which lists the student's name, United 
States home placement address and telephone number, and a telephone 
number which affords immediate contact with both the Department of State 
and sponsor in case of emergency. Such cards may be provided in advance 
of home country departure or immediately upon entry into the United 
States.
    (h) Student extra-curricular activities. Students may participate in 
school sanctioned and sponsored extra-curricular activities, including 
athletics, if such participation is:

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    (1) Authorized by the local school district in which the student is 
enrolled; and
    (2) Authorized by the state authority responsible for determination 
of athletic eligibility, if applicable.
    (i) Student employment. Students may not be employed on either a 
full or part-time basis but may accept sporadic or intermittent 
employment such as babysitting or yard work.
    (j) Host family selection. Sponsors shall adequately screen all 
potential host families and at a minimum shall:
    (1) Provide potential host families with a detailed summary of the 
exchange program and the parameters of their participation, duties, and 
obligations;
    (2) Utilize a standard application form for all host family 
applicants which provides a detailed summary and profile of the host 
family, the physical home environment, family composition, and community 
environment;
    (3) Conduct an in-person interview with all family members residing 
in the home;
    (4) Ensure that the host family is capable of providing a 
comfortable and nurturing home environment;
    (5) Ensure that the host family is a good reputation and character 
by securing two personal references for each host family from the school 
or community, attesting to the host family's good reputation and 
character;
    (6) Ensure that the host family has adequate financial resources to 
undertake hosting obligations; and
    (7) Maintain a record of application forms, evaluations, and 
interviews for all selected host families for a period of three years.
    (k) Host family orientation. In addition to the orientation 
requirements set forth in Sec. 62.10, sponsors shall:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange program;
    (2) Provide all selected host families with a copy of Department of 
State-promulgated Exchange Visitor Program regulations; and
    (3) Advise all selected host families of strategies governing cross-
cultural interaction and conduct workshops which will familiarize the 
host family with cultural differences and practices.
    (l) Host family placement. (1) Sponsors shall secure, prior to the 
student's departure from the home country, a host family placement for 
each student participant. Sponsors shall not:
    (i) Facilitate the entry into the United States for a student for 
whom a host family placement has not been secured; and
    (ii) Place more than one student with a host family without the 
express prior written consent of the Department of State.
    (2) Sponsors shall advise both the student and host family, in 
writing, of the respective family compositions and backgrounds of each 
and shall facilitate and encourage the exchange of correspondence 
between the two prior to the student's departure from the home country.
    (3) In the event of unforeseen circumstances which necessitate a 
change of host family placement, the sponsor shall document the reasons 
necessitating such change and provide the Department of State with an 
annual statistical summary reflecting the number and the reason for such 
change in host family placement.
    (m) Placement report. In lieu of listing the name and address of the 
host family and school placement on a participant's Form DS-2019, 
sponsors must, no later than August 31st of each academic year, submit 
to the Department of State a report of all academic year program 
participants. Such report shall set forth the participant's name, 
school, and host family placements. A report of semester participants 
entering United States schools during the January to June term shall be 
submitted to the Department of State by January 15th.