The International Dimension

Foreign affairs is a responsibility reserved by the U.S. Constitution to the federal government and cannot be delegated to other levels. Since foreign affairs occasionally involves matters related to education, international education policy and agreements are federal responsibilities if they involve relations with foreign governments and intergovernmental organizations (IGOs).

Federal responsibility for international education is shared among several agencies and programs:

Bureau of Consular Affairs of the U.S. Department of State is responsible for approving and issuing all visas under which students and teachers, among other persons, come to the United States.

Bureau of Educational and Cultural Affairs of the U.S. Department of State administers all overseas educational advising offices and oversees all programs bringing federally sponsored exchange visitors to the United States.

Bureau of International Organization Affairs of the U.S. Department of State oversees all activities involving U.S. membership in and relations with international organizations, including regional organizations.

The Office of the United States Trade Representative (USTR) is the White House office responsible for international trade negotiations, including the WTO and GATS. Trade in educational services is one of the issues addressed by USTR.

U.S. Immigration and Naturalization Service (INS) is responsible for determining who can enter and remain within the United States regardless of visa status, and for administering and enforcing residency regulations.

U.S. Department of Education is the lead federal agency for education and coordinates international education policy and activities through its International Affairs Staff.

USNEI is the official U.S. national education information center in compliance with the Lisbon Convention and other international agreements.

NCES (National Center for Education Statistics) is the office responsible for conducting comparative statistical studies in education, doing international assessments, and for cooperating with international statistical agencies.

Private International Cooperation

The vast majority of international activities undertaken by U.S. students, parents, educators, institutions, and private associations do not involve intergovernmental affairs and are not regulated by the government. These include privately sponsored exchanges, inter-institutional cooperation, research cooperation, most study travel, credit transfer and recognition arrangements, school partnerships, private advising and support services, and individuals or groups seeking international educational or teaching opportunities. All citizens and residents, except convicted felons serving sentences, are free to come and go without government permission or oversight. The only government involvement in these mobility issues occurs when passports or visas need to be issued or when individuals or corporations request the advice and assistance of U.S. officials.

Public/Private Cooperation

There are four major areas of public/private cooperation that are directly related to educational law and policy:

1. Negotiated Formal Agreements

The U.S. government and private sector closely cooperate whenever the United States is invited, and chooses, to negotiate international treaties, conventions, and other formal agreements related to education. While U.S. officials head delegations, lead negotiations, and sign documents, delegations include private sector representatives whenever possible whose views are actively consulted. Agreements are not entered into which the U.S. educational community actively opposes.

2. Information Services

USNEI is itself a public/private partnership, and the overseas information services provided by the Department of State also involve the participation of private sector organizations as information providers, consultants, and contractors. These arrangements assist the United States in providing a common information presence to the world while respecting our system's diversity.

3. Broad Recognition Policy

While U.S. institutions, employers, and licensing authorities are free to make their own decisions respecting the recognition of diplomas and credits, the National Council for the Evaluation of Foreign Educational Credentials provides broad guidance on matters of comparability that may be used by evaluators. The National Council contains both private and public sector members.

4. International Education Policy