SB 1198

Bill Subjects

Abstract

Existing law, the Uniform Supervision of International Student Exchange Visitor Placement Organizations Act of 1994, requires international student exchange visitor placement organizations to register with the Attorney General, meet certain requirements, and perform specified duties, including providing prescribed information to participating students, host families, and school districts. That act requires the Attorney General to establish and maintain the Registry of International Student Exchange Visitor Placement Organizations and to adopt regulations to establish standards and requirements for organizations in a manner consistent with specified federal regulations and for the administration of the act. The act establishes the Registry of International Student Exchange Visitor Placement Organizations Fund in the State Treasury and requires the deposit of all registration and renewal fees collected into that fund for the purposes of administering the act. The act authorizes a school district to require proof of registration with the Attorney General from any organization seeking to place an international student exchange visitor in the school district as a condition to agreeing to enroll that student. A violation of the act, including the failure to register, is a misdemeanor. This bill would establish specific fees relating to the schooling and care of a student that may be imposed on a student. The bill would require an organization to disclose all charges imposed on students to a prospective student and to submit a schedule of those charges to the Attorney General for publication on the Internet Web site for the registry. The bill would impose other restrictions on an organization's administration of student funds, including a requirement that an organization that has received tuition for schooling, if the student resigns, is expelled, or transfers from the school, refund within 15 days of the event a prorated amount of that tuition directly to the student. The bill would make such an organization, upon failure to comply with that last requirement, liable to the student for up to 10 times that prorated amount. The bill would require a school to publish, and provide upon request by a prospective student, a full listing of all the courses offered by the school, a proposed class schedule, and graduation requirement plan or worksheet. The bill would require a school to disclose to prospective students the percentage of foreign students at the school. The failure to comply with these publication and disclosure requirements would make a school liable for a full refund of fees and tuition to any student being expelled, transferring, or resigning from the school. The bill would impose other requirements on a school's administration of a student's tuition, travel permission, and documents, including a specific federal nonimmigrant student status form. The bill would provide for certain related fees and refunds, including a requirement that, if a student requests a transfer, and any required tuition and fees for services provided have been paid, a school transfer the records of the student and the student's federal nonimmigrant student status form within 3 business days of that request. The failure to comply with that requirement would subject a school to the requirement to refund to the student the total tuition and fees paid to that school by the student, and, if it does not comply with that refund requirement, make the school liable for up to 10 times the amount due to the student, plus attorney's fees. The bill would require an organization or other entity that provides or facilitates homestay for a student under the act to ensure that the host family complies with specific requirements. The bill would make a host family coresponsible with the school and a parent, relative, or any other individual or entity responsible for the overall welfare of the student and would require a host family to ensure that student transportation and nutrition needs are met. The bill would require unused portions of a host family charge imposed on a student no longer residing with the host family to be refunded to the student. By imposing new requirements under the act, the violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.