International Students and Homestay Programs · Documentation –Student / Parents • Special...

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

© Copyright 2015 Potomac Law Group, PLLC. All Rights Reserved

US Economic Issues

Interest in Multicultural Experience and Education

International Interest in US

Education

©All-PPT-Templates.com | All Rights Reserved

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


Pathways for Independent Schools

Partner or

Outsource to

Vendor

Prohibit

Residing with

Non-Family

Establish and

Operate

Homestay Program

©All-PPT-Templates.com | All Rights Reserved© Copyright 2015 Potomac Law Group, PLLC. All Rights Reserved

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

©All-PPT-Templates.com |

All Rights Reserved


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)

6© Copyright 2015 Potomac Law Group, PLLC. All Rights Reserved

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)


Students

• Recruitment

• Eligibility, Criteria, and Selection

• Realistic Expectations of:

• School

• Host Family

• Parents

• Responsibilities

• Documentation

• Preparation


Host Families

• Recruitment• Eligibility, Criteria, and Selection

• Realistic Expectations• Compensation• Risk and Liability

• Authority

• Responsibility

• Preparation

• Documentation


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


“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?


“The 911 Example”

• Designation

• Instruction

• Confirmation

• Verification


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


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


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


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”


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.


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.


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!!!


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


International Students and Homestay Programs · Documentation –Student / Parents • Special...

Documents

Transcript of International Students and Homestay Programs · Documentation –Student / Parents • Special...