Bill Text: NJ A1995 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires registration of international student exchange visitor placement organizations with Commissioner of Education.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2021-06-24 - Received in the Assembly, 2nd Reading on Concurrence [A1995 Detail]
Download: New_Jersey-2020-A1995-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Requires registration of international student exchange visitor placement organizations with Secretary of State.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the placement of international students in public schools and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Homestay" means the housing accommodation offered by a host family.
"Host family" means a family, including a single parent or empty nester, residing in New Jersey that an international student exchange visitor resides with during his period of study.
"International student exchange visitor" or "student" means a person 18 years of age or under, or up to age 21 if enrolled or to be enrolled in high school in this State, placed by an international student exchange visitor placement organization, who enters the United States with a nonimmigrant visa.
"International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States.
"Responsible officer" means the officer or employee of the international student exchange visitor placement organization who has primary authority for supervising placements in New Jersey.
"Secretary" means the Secretary of State.
2. a. (1) An international student exchange visitor placement organization that places students in public schools in the State shall register with the Secretary of State. Registration with the secretary shall not be considered or represented as an endorsement of the organization by the secretary or by the State. Information provided to the secretary pursuant to this act is a public record.
(2) The secretary shall annually provide to the Commissioner of Education a list of all registered international student exchange visitor placement organizations. The commissioner shall annually distribute the list to all school districts.
b. An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary. The application shall include, but need not be limited to:
(1) evidence that the organization meets the standards established by the secretary pursuant to section 3 of this act;
(2) the name, address, and telephone number of the organization, its chief executive officer, and the responsible officer;
(3) the organization's business identification number, if any;
(4) the organization's Office of Exchange Coordination and Designation, United States Department of State number, if any;
(5) evidence of Council on Standards for International Educational Travel listing, if any;
(6) information on whether the organization is exempt from federal income tax; and
(7) a list of the organization's placements in New Jersey for the previous school year including the number of students placed, their home countries, the public schools in which they were placed, and the length of their placements.
c. The application shall be signed by the chief executive officer of the organization and the responsible officer. If the secretary determines that the application is complete, the secretary shall file the application and the applicant shall be registered upon the payment of an initial registration fee in such amount as determined by the secretary.
d. A registered organization shall inform the secretary of any changes in the information required under subsection b. of this section within 30 days of the change.
e. A registration issued pursuant to this act shall be valid for one year and shall be renewed annually.
3. The secretary shall adopt standards for the registration of international student exchange visitor placement organizations. The secretary may incorporate the standards of the Office of Exchange Coordination and Designation, United States Department of State, or the Council on Standards for International Educational Travel by reference, and may accept an organization's designation by the Office of Exchange Coordination and Designation as evidence of compliance with such standards.
4. The organization shall ensure that a student participating in the exchange program has medical and accident insurance from the time of departure from home to the time the student returns home. Coverage may be provided by the student or the organization. The minimum acceptable insurance shall be medical and accident coverage of $50,000 per illness or accident, and at least $5,000 in coverage for preparation and transportation of remains to the student's home county in the event of death. The organization shall maintain proof of insurance for each student.
5. An organization shall
not bring a student into the State unless the student has been accepted in
writing by a legally authorized person employed by the admitting public
school. The organization shall maintain copies of documents authorizing the
enrollment of the student.
6. a. The organization shall be responsible for making all arrangements for the placement of a student with a host family whose home is located in a place convenient to the school in which the student will be enrolled. The organization shall make every effort to ensure the maximum degree of compatibility between the host family and the student.
b. The responsible officer shall visit the home of, and personally interview, a host family before a student is assigned to the family. A written record of the interview with the host family shall be made and maintained by the organization.
c. The organization shall ensure that each member of the host family 18 years of age or older and any other individual 18 years of age or older who will reside in the same house as the student is subject to a criminal history record check pursuant to section 13 of this act.
d. An organization shall only place the student with a host family that can provide housing that furnishes separate private sleeping quarters for each sex, and provides the student with the student's own bed. A host family's home shall be maintained in a clean and sanitary condition, free of hazards and in good repair.
e. The selection of a host family and the assignment of a student shall be made as far in advance of the student's arrival as possible, and before the student's departure from his home country. An organization shall not bring a student into the State without written acceptance from the host family. The host family shall be advised in writing of the name, age, educational status, anticipated arrival time, and other background information about the assigned student.
f. At the earliest possible time, a student's immediate family shall be advised in writing of the name, address, family composition, and other background information concerning the host family to permit the exchange of correspondence between the respective families in advance of the student's arrival in the State.
g. Copies of the notifications required pursuant to subsections e. and f. of this section shall be maintained by the organization.
7. a. The host family shall provide for the physical and emotional needs of the international student exchange visitor during the homestay, including food, water, and a study area.
b. The host family shall seek counseling for the student in the event that the student exhibits signs of emotional distress. If the host family needs assistance in arranging counseling, the host family shall contact the school district coordinator and the responsible officer for assistance in arranging the counseling services.
c. The host family shall provide for regular communication between the student and the student's immediate family.
d. The host family shall provide transportation to school and school-sponsored functions in the event that school bus services are not provided to the student.
e. The host family shall ensure that the student has clothing that is appropriate for the particular event or occasion.
8. a. The designated school official of the school district who coordinates the enrollment of the international student exchange visitor in the district shall contact the host family when the student's arrival details are finalized. The designated school official shall arrange for the transportation of the student to the school district or to the homestay location. If the student is transported to the school district, the host family shall transport the student from the district to the homestay location.
b. Upon the student's arrival, the student and the host family shall enter into a homestay responsibility agreement to be signed by both parties. The agreement shall specify the student's expected standards of behavior, the use of household facilities, the making and receiving of international calls, and internet rules and access. The school district shall keep the original of the homestay agreement and provide copies to both the student and the host family.
c. The homestay responsibility agreement shall provide for the prior notification of the host family by the student if the student intends to stay overnight at a location other than the homestay. The student shall notify the host family of the alternate location and the time at which the students intends to return to the homestay.
9. A host family shall demonstrate:
a. a knowledge and understanding of the needs of adolescents;
b. an understanding of the cultural, linguistic, and religious differences between the host family and the student;
c. an understanding of the needs of adolescents when away from their home environment;
d. a flexible approach to matters of discipline, house rules, and cooperative living; and
e. an understanding of the procedures to handle a problem in accordance with the provisions of section 10 of this act, should a problem occur.
10. The responsible officer
shall maintain continuous contact with the student, the host family, and the
designated school official. The responsible officer, in consultation with the
designated school official, shall initiate action to resolve any problem that
may arise with respect to the student's school program or with the student's
relationship with the host family. If it is determined that the problem cannot
be resolved, the student shall be moved to an alternate homestay.
11. International student exchange visitor placement organizations that place students in the State shall provide an informational document to each student, host family, and designated school official of the school district in which the student is being placed. The document shall be provided before placement and shall include the following:
a. An explanation of the services to be performed by the organization for the student, host family, and school district;
b. A summary of the requirements of this act prepared by the secretary; and
c. telephone numbers that the student, host family, and school district may call for assistance. The telephone numbers shall include, at a minimum, an in-State telephone number for the responsible officer, and the telephone numbers of the organization's national headquarters, if any, the Office of Exchange Coordination and Designation, United States Department of State, and the Office of the Secretary of State.
12. a. An international visitor student exchange placement organization registered pursuant to this act shall submit to the Office of the Attorney General fingerprint images and related information as required by the Attorney General of any member of a family that applies to be a host family who is 18 years of age or older and any individual 18 years of age or older who resides in the host family residence for the purpose of conducting a State and federal criminal background check. The Attorney General is hereby authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making a determination on the fitness of the applicant. The Attorney General shall forward that determination to the international visitor student exchange placement organization and to the secretary.
b. No criminal history record check shall be performed pursuant to this act unless the applicant has furnished written consent to such a check. The international visitor student exchange placement organization shall bear the cost of the criminal history record check, including all costs for administering and processing the check.
13. The secretary may, upon receipt of a complaint regarding an international student exchange visitor placement organization, report the matter to the organization involved, the Office of Exchange Coordination and Designation, United States Department of State, or the Council on Standards for International Educational Travel, as the secretary considers appropriate. The secretary may also investigate complaints received under this act to determine if the complaint is limited to one student or if there are systemic problems with placements made by the organization. The secretary may terminate an organization's registration if the secretary determines the organization has failed to remain in compliance with local, State, and federal statutes, rules, and regulations.
14. A person who fails to register as required pursuant to this act or who knowingly gives false information to the secretary in filing statements required by this act is guilty of a misdemeanor.
15. The Secretary of State shall adopt by rules and regulations pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.
16. This act shall take effect 180 days following the date of enactment except that the Secretary of State may immediately take such anticipatory action as may be required to implement the provisions of this act.
STATEMENT
This bill requires that international student exchange visitor placement organizations annually register with the Secretary of State, and directs the secretary to establish standards that an organization must meet in order to secure registration. An international student exchange visitor placement organization is defined as an entity that regularly arranges the placement of international student exchange visitors for the purpose of allowing the student an opportunity to attend school in the United States. Under the bill, an international student is a person 18 years of age or under, or up to 21 years of age if enrolled in high school, placed by an international student exchange visitor placement organization, who enters the United States with a nonimmigrant visa. These organizations are overseen at the federal level by the Office of Exchange Coordination and Designation in the United States Department of State.
The bill outlines the information that an organization must provide in its application, including whether the organization is listed on the Council of Standards for International Educational Travel. The application must be signed by the chief executive officer of the organization and the officer or employee of the organization who will have the primary authority for supervising placements in New Jersey.
The bill establishes the following requirements, among others, that must be met by the organization in regard to the placement of international students:
· Evidence that an exchange student has medical and accident insurance;
· Written documentation of authorization for the enrollment of the student in a public school by a person employed by the school;
· Proof of a visit to the home of the host family by the officer or employee of the organization who will have the primary authority for supervising placements;
· Proof of a criminal background check on each member of the host family who is 18 years of age or older and any individual 18 years of age or older who resides in the residence;
· Exchange of background information on the host family and the student's family to ease the transition of the student to his new living arrangement;
· Continuous contact with the student, the host family, and the designated school official of the school district in which the student is enrolled by the employee of the organization who will have the primary authority for supervising placements;
· An assurance that the homestay, which is the housing accommodation provided by a host family, includes separate private sleeping quarters for each sex, provides the student with the student's own bed, and is maintained in a clean and sanitary condition;
· A demonstration that the host family has a knowledge and understanding of the cultural, linguistic, and religious differences between the family and the student, and a flexible approach to matters of discipline, house rules, and cooperative living;
· A process for the completion of a homestay responsibility agreement between the host family and the student that outlines expected standards of behavior, the use of household facilities, international calls, and the use of the internet;
· A process for the resolution of any problems that may arise with respect to the student's placement with a host family, and the provision of an alternate placement in the event that the problem cannot be resolved;
· Provision of an informational document to the student, the host family, and the designated school official of the school district prior to placement that includes an explanation of the services to be performed by the organization, a summary of the bill's requirements, and contact telephone numbers.
The bill directs the international visitor student exchange placement organization to provide to the Attorney General fingerprint images and related information as required by the Attorney General for the purpose of conducting a criminal background check on any person who is 18 years of age or older who resides in the residence of a host family. The organization will bear the costs of the background checks.
Finally the bill authorizes the Secretary of State to investigate complaints received in regard to an international visitor student exchange placement organization and to terminate its registration if he determines that the organization is not in compliance with local, State, or federal law or regulations.
