Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Selection of student.
The organization must be responsible for the selection of
suitable students for participation in its international student exchange
visitor program. Selection must be limited to students who have a command of
the English language that enables them to participate in an English-speaking
academic and community environment. Students shall also be screened for
demonstrated maturity, good character, and ability to receive maximum benefit
from the program experience.
Subp.
2.
Orientation of students and host families.
The organization must provide:
A. each student and the immediate family of
each student with orientation before departure from the student's home to
acquaint the student with information about Minnesota and the United States.
Detailed information about the school and academic program in which the student
will be participating and the host family must also be provided;
B. each student with orientation upon arrival
in Minnesota regarding customs and the educational experience; and
C. each host family with orientation in
advance of the student's arrival. Information to be provided includes:
information on the student, the student's immediate family, school, and native
land and information about the academic program in which the student will be
enrolled.
Each organization must maintain records proving proper
notification of the student, immediate family, and host family of the
orientation sessions.
Subp.
3.
Insurance.
A.
Each organization must ensure that each student participating in the exchange
program has health 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. Minimum acceptable insurance is:
(1) medical and accident coverage of $50,000
per illness or accident; and
(2) at
least $5,000 in coverage for preparation and transportation of remains to the
student's home country in the event of death.
B. The organization must provide each student
and the student's immediate family and the host family with detailed printed
information regarding the terms and limits of insurance coverage and procedures
for filing a claim. Forms for filing claims shall be included whenever
possible.
C. The organization must
maintain in its files proof of health and accident insurance coverage for each
student.
Subp. 4.
Acceptance of students.
No student shall be brought into Minnesota by an organization
unless the student has been accepted in writing as a student for at least 30
days by a legally authorized person at the admitting school. The organization
must maintain copies of documents authorizing enrollment for each student in
its files.
Subp. 5.
Selection of host family.
A. The
organization is responsible for making all arrangements for the placement of
each student with a host family whose home is located in a place convenient to
the school in which the student is to be enrolled.
B. The organization must make every effort to
ensure the maximum degree of compatibility between the host family and the
student.
C. An employee, officer,
or volunteer of the organization must visit the home of, and personally
interview, each host family before a student is assigned to the
family.
D. The organization must
ensure that each member of the host family age 18 or older who will reside in
the same house as the student signs a document authorizing a felony background
check on that person according to Minnesota Statutes, section
299C.62,
subdivision 2.
E. A written record
must be made of the interview of a visit to the host family by the
representative. A copy of the record must be maintained by the
organization.
F. Selection of host
families and assignment of students must be made as far in advance of the
student's arrival as possible, and must be made before the student's departure
from the student's home.
G. An
organization must not bring a student into the United States without written
acceptance from the host family.
H.
The host family must be advised in writing of the name, age, educational
status, anticipated arrival time, and other background information about the
assigned student.
I. At the
earliest possible time, the student's immediate family must 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
United States.
J. Copies of these
notifications must be maintained by the organization in its file.
Subp. 6.
Host family housing
requirements for students.
A. Each
organization must place the student with a host family that can provide housing
that:
(1) furnishes separate private sleeping
quarters for each sex; and
(2)
furnishes the student with a bed of the student's own.
B. The host family's home and household
equipment must be maintained in a clean and sanitary condition, free of hazards
and in good repair. The home must be accessible to other resources, such as the
telephone and ambulance services, in the event of an emergency.
Subp. 7.
Change in host
family assignment.
If it is in the best interest of the student or host family,
the organization may make a change in the host family assignment of the
student. Reports of any changes and the reasons for the changes must be
maintained by the organization. Notification of any change must be sent within
24 hours to the immediate family, host families, and school of
placement.
Subp. 8.
Employment of students.
A. Each
organization must advise its students that they may not accept or undertake
regular employment while enrolled in the program.
B. Students may engage in occasional
intermittent jobs such as tutoring, babysitting, or cutting grass.
C. Students may not perform the duties of a
household domestic for compensation.
D. Students may be asked to assist in normal
daily chores in the host family household that other members of the family
perform.
Subp. 9.
Supervision by organization.
The organization must maintain continuous personal contact with
each student, the host family, and the school in which the student is enrolled.
The organization must initiate action to attempt to resolve any problems that
may arise with respect to the student's participation in the student's academic
program or with respect to the student's relationship with the student's host
family.
Subp. 10.
Travel responsibility of organization.
A. Transportation must be provided both to
and from the student's home to the student's destination by air or surface
modes of commercial transportation.
B. Travel arrangements must be carried out by
the purchase of a round trip ticket or tickets to the final destination for
each student before entry of each student into Minnesota. These travel
arrangements may be made either by the organization or by the
student.
C. A copy of the travel
itinerary and a copy of the prepaid round trip ticket must be maintained by the
organization in its files.
Subp.
11.
Information to be provided.
A. An organization must provide each student,
the student's immediate family, and the host family with an informational
document regarding the organization's services. The organization must also
disclose all money paid to the organization that is to be paid to the host
family, student, or to be used for special or additional activities during the
program period. The timing and method of payment must be specified.
B. Each student and host family must receive
a document that states the amount of the fee, if any, to be charged to the
student.
Subp. 12.
Agency record requirements.
A.
Each organization must keep records at the responsible officer's address of
services rendered to host families and students. The record for each student
must include:
(1) the name, home address, and
telephone number of the student in the student's home country to whom services
are provided or promised;
(2) the
name, address, and telephone number of the host family with whom the student is
placed. This information must be on file at least seven days before the
student's arrival in Minnesota;
(3)
proof that the student entered Minnesota on a nonimmigrant visa;
(4) proof that the student is enrolled in a
school;
(5) a copy of the records
that show the organization's interview of the host family;
(6) a copy of the correspondence to the
student's immediate family giving them information about the host family
including the name, address, family composition, and other background
information;
(7) a copy of the
correspondence to the host family giving them information about the student
including the student's name, home address, age, educational status,
anticipated arrival time, and other background information;
(8) the amount of the fee received by the
organization and used to support the student in Minnesota and an itemization of
the services and charges covered by the fee;
(9) a complete copy of any written agreements
entered into between the organization, student, and host family;
(10) a copy of the health and accident
insurance policy covering the student;
(11) a copy of the student's travel itinerary
and a copy of the prepaid round trip ticket for the student; and
(12) a copy of the orientation information
provided to the student, immediate family, and host family.
B. The records must be maintained
for a period of one year from the date on which the student departs from
Minnesota. If a complaint is received, the records must be open for inspection
by the secretary of state or designee on request.
Statutory Authority: MS s
5A.04;
14.06
