Legal Requirements
for F-1 Foreign Students
in Public Schools
Restrictions on
Attending Public Elementary and Secondary Schools
Restrictions Are for F-1 Students Only
Students Must Pay the Costs of Secondary School Education
Frequently Asked Questions
How to Calculate
the Cost of Education Under Section 625
Section 625 of Public Law 104-208
Restrictions
on Attending Public Elementary and Secondary Schools
Congress passed a law in 1996
that placed restrictions on foreign students in U.S. public elementary
(kindergarten through eighth grades) and secondary (grades nine through
twelve) schools. Secondary school is also called high school. The restrictions
are given below:
- prohibits foreign students
from attending public elementary schools or publicly-funded adult education
programs
- limits secondary school
attendance to twelve months
- requires secondary school
students to pay the school the full, unsubsidized per capita cost (cost
for each student) of education
Go to Section
625 of Public Law 104-208 for the text of the new law.
Restrictions
Are for F-1 Students Only
The restrictions apply to these
foreign students:
- foreign students in F-1
status who need an I-20 to study in the United States;
- foreign students in F-1
status in public schools who leave the United States and want to return
to continue their studies; and
- foreign students in F-1
status who want to transfer from a private school or program into a
public school or program.
The restrictions do not apply
to the following foreign students:
- foreign students in another
visa status, such as J-2, L-1, M-2, or G-4.
- foreign students in F-1
status who attend private schools or private training or language programs
- foreign students in F-1
status who were attending public schools when the law came into effect
(November 30, 1996)
Students Must
Pay the Costs of Public Secondary School Education
Foreign students who want to
attend public secondary school (high school) must pay the full, unsubsidized
per capita (for each student) cost of education. This amount is listed
under the item called "tuition" in the I-20. The full, unsubsidized
per capita (for each student) cost of education is the cost of providing
education to each student in the school district where the public school
is located. Costs normally range between $3000 and $10,000.
Frequently
Asked Questions
Can our
school waive the tuition requirement for a deserving F-1 foreign high
school student?
No. The law does not allow
a foreign student in F-1 status to attend public secondary school without
paying tuition. The student must pay the full, unsubsidized per capita
(for each student) cost of education in all cases.
Does the
Section 625 of the law affect all foreign students?
No. The law affects only students
in F-1 status, or applicants for F-1 visas, who plan to attend public
schools or publicly funded adult education. The law does not affect other
foreign students, such as children of exchange visitors, diplomats or
foreign workers.
How does
the law affect F-1 students in private schools?
Foreign students who attend
private schools or privately funded adult education or language programs
are not affected by the law. However, if a private school student wants
to transfer to a public school or a publicly funded adult education or
language program, he or she must follow the requirements of Section 625
of the law.
Will F-1
students who are already attending public schools have to leave?
The law applies to students
who get visas to become F-1 students on or after November 30, 1996. Students
in public schools before that date may continue in school. However, if
they travel outside the United States, they must follow the requirements
of the law to return as F-1 students.
Can our
adult education program continue issuing I-20s if we charge full tuition?
The law prohibits the issuance
of F-1 visas to attend publicly funded adult education programs. Publicly
funded adult education is defined as:
"education, training
or English as second language programs operated by, through, or for
a local public school district, system, agency or authority, regardless
of whether such a program charges fees or tuition."
Programs under this definition
can not accept students in F-1 status, even if tuition is charged.
If a foreign
student attended public school before the law, does that time count against
his or her 12-month limit?
No. Only attendance in a public
secondary school after November 30, 1996 counts toward the 12 month limit.
Only attendance when the student was in F-1 status is counted. If the
student attends school in another visa category, such as A-1, F-2, J-2
or L-2, this period of time is not counted.
Can organizations
or individuals sponsor an F-1 foreign student to attend public secondary
school?
Yes. Nothing in the law prevents
an organization or individual from paying the tuition costs for the student.
However, the payment cannot come from public funds. The foreign student
must still show that he or she has sufficient funds to cover education
and living expenses while in the United States.
What about
students who come here to live with U.S. citizen relatives while attending
public school?
Does the student need a student
visa to study at your school? If so, the student must meet the requirements
of the law. Someone must pay the tuition costs to the school or school
district. The child is limited to twelve months of study in secondary
school (high school). The child may not study in elementary school.
How
to Calculate the Cost of Education under Section 625.
What is the "full,
unsubsidized per capita (per student) cost of providing education?"
Each Local Educational Agency
(LEA or school/school district) decides the "full, unsubsidized per
capita (per student) cost of providing education." Each LEA decides
according to the policy of the State where it exists. The
following are two methods that may be used to estimate the full, unsubsidized
per capita cost of education.
- Dividing the total of all
public expenditures of the school or school district by the number of
students in the school or school district.
- Using existing tuition charges
for out of district students. Suppose the school (LEA) has a tuition
charge for students attending public secondary schools in a district
outside of the district where the student lives. The school may use
this amount for deciding the cost for each student IF the LEA believes
that the tuition covers the full cost for each student for the school).
If the tuition charge does not cover all public expenditures, it must
be adjusted for the F-1 student.
What does "unsubsidized"
cost mean?
The unsubsidized cost is the
LEA's total expenditure for each student. It does not include fees and
charges to the individual student. It includes expenditures from all public
revenue sources, including local, state and federal funds. It includes
all operating and capital expenditures such as expenditures for instruction,
support services, equipment, facilities and construction, from all public
revenue sources.
Does a district with students
from kindergarten through twelfth grade (K-12) need to calculate a separate
cost for each secondary student?
No. A school district with
K-12 students may use the general cost for each student. It does not need
to calculate a separate cost for each secondary student. A school district
may also choose to calculate costs for an individual school.
Does a school calculate
the cost for each student on the basis of full attendance or average daily
attendance?
The LEA or school calculates
the cost for each student according the state law and policy. It uses
the same method that it uses for deciding the cost for each student or
non-resident tuition for students from other school districts.
Section
625 of Public Law 104-208
The section of the law that
deals with foreign students in public school follows.
Section 625. Foreign Students.
(a) Limitations. --
(1) In general. -- Section
214 (U.S.C. 1184) is amended by adding at the end the following new subsection:
(1)(1) An alien may not be
according status as a nonimmigrant under section 101(a)(15)(F)(i) in order
to pursue a course of study --
"(A) at a public elementary
school or in a publicly funded adult education program: or
"(B) at a public secondary
school unless --
"(i) the aggregate period
of such status at such a school does not exceed 12 months with respect
to any alien, and
"(ii) the alien demonstrates
that the alien has reimbursed the local educational agency that administers
the school for the full, unsubsidized per capita cost of providing education
at such school for the period of the alien's attendance.
"(2) An alien who obtains
the status of a nonimmigrant under section 101(a)(15)(F)(i) in order to
pursue a course of study at a private elementary or secondary school or
in a language training program that is not publicly funded shall be considered
to have violated such status, and the alien's visa under section (101(a)(15)(F)(i)
shall be void, if the alien terminates or abandons such course of study
at such a school and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a publicly funded
adult education language training program, or at a public secondary school
(unless the requirements of paragraph (1)(B) are met)."
1. Conforming amendment. --
Section 101(a)(15)(F)(8 U.S.C. 1101(a)(15)(F) is amended by inserting
"consistent with section 214(1)" after "such a course of
study."
(b) Reference to New Ground
of Exclusion for Student Visa Abusers. -- For addition of ground of inadmissibility
for certain nonimmigrant student abusers, see section 347.
(c) Effective Date. -- The
amendments made by subsection (a) shall apply to individuals who obtain
the status of a nonimmigrant under section (101)(a)(15)(F) of the Immigration
and Nationality Act after the end of the 60-day period beginning on the
date of the enactment of this Act, including aliens whose status as such
a nonimmigrant is extended after the end of such period.
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