International Students and Homestay Programs: Identifying the Risks and Designing Your School s Approach

Size: px

Start display at page:

Download "International Students and Homestay Programs: Identifying the Risks and Designing Your School s Approach"

Hugo Bradford
6 years ago
Views:

1 International Students and Homestay Programs: Identifying the Risks and Designing Your School s Approach Debra Wilson, Legal Counsel National Association of Independent Schools (NAIS) Heather J. Broadwater, Partner Potomac Law Group, PLLC

3 International Students in Danger SCHOOLS-PAY-TO-STAY-SCHEME-KOREAN-CHINESE- STUDENTS/INDEX.HTML EXCHANGE-PROGRAMS-UNDER-FIRE COUPLE-ACCUSED-OF-MOLESTING-EXCHANGE-STUD/NZWXC/ 3

Pathways for Independent Schools Establish and Operate Homestay Program Prohibit

5 Managing Components of Homestay Students Recruitment & Expectations Selection & Criteria Preparation Expectations Documentation All-PPT-Templates.com All Rights Reserved School and / or Vendor Host Families Recruitment & Expectations Selection & Criteria Preparation Expectations Authority Documentation Parents Expectations Responsibility & Delegation Accessibility Documentation 5

6 Legal Landscape Civil Law vs. Criminal Law A Cause of Action Civil Law Torts Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category. (dictionary.law.com) 6

7 Civil Law Contracts Legal Landscape Breach of Contract failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods being late without excuse, or any act which shows the party will not complete the work ( anticipatory breach ). Breach of contract is one of the most common causes of law suits for damages and/or court-ordered specific performance of the contract. (dictionary.law.com) 7

8 Recruitment Students Eligibility, Criteria, and Selection Realistic Expectations of: School Host Family Parents Responsibilities Documentation Preparation 8

9 Host Families Recruitment Eligibility, Criteria, and Selection Realistic Expectations Compensation Risk and Liability Authority Responsibility Preparation Documentation 9

10 Parents of International Students Marketing and Reaching Target Pool of Parents / Students Recruitment Eligibility, Criteria, and Selection Expectations Responsibility and Delegation of Authority Communication Accessibility and Responsiveness Comprehension and Cooperation Material Information Accurate and Complete Documentation 10

11 BLUF Bottom Line Up Front Who expected what from us? Did we deliver? If not, why not? Did they deliver what we expected from them? If not, why not? Was anyone harmed? Was the failure to deliver as expected the cause of the harm? Can anyone make it right? If so, who and how, and are they the party who should have to make it right? 11

12 Designation Instruction Confirmation Verification The 911 Example 12

13 Documentation Student / Parents Application for Admission (and Related Records) Testing References and Background Investigation Enrollment Contract Standard Terms and Conditions Medical (and Other Material) Information Authority vs. Financial Responsibility vs. Funding 13

14 Documentation Student / Parents Special Issues of International Enrollment Payment, Enforcement, and Collection Additional Requirements Online Process Payment Schedule Permission, Waivers, and Designation of Authority Language and Translation (and Electronic Signatures) Domestic Guarantor or Guardian Return Transportation Breaks 14

15 Documentation Host Family Application to Host? Reference and Background Checks Host Family Agreement Early Termination Compensation / Reimbursement Effects of Early Termination Certifications and Attestations Reporting Obligations 15

16 Related Documentation Medical Data Form Medical Authorization or Medical Power of Attorney Financial Responsibility for Medical Costs Limits on Authority Special Issues with Differing Standards of Treatment Handbook or Guide (in Combination with Meetings) Help Provide an Overview of the Program Easy Reference for Addressing (and Preventing) Issues Challenges of Blending Cultures, Families, and Households That s Not How We Do Things 16

17 Other Relevant Parties? Vendor Levels of Service or Involvement* Underground School Recruiters and Marketers Student Promoters Matchmakers In Loco Parentis And Others? Associations / Groups of Concerned Parties Accrediting Bodies Government Authorities * Note, these are the presenter s terms that may lead to a blank stare when used with audiences who did not attend this webinar. 17

18 Involvement of Other Parties Clarity Roles and Responsibilities Selection Supervision Indemnity Security and Safety Transportation Authorization Representation and Loyalty Who is the client? What is the service? To anticipate and avoid conflicts of interest Written Agreement Terms, conditions, warranties, services, compensation and payment, termination, non-competition, non-solicitation, decision-making authority, etc. 18

19 Who Are the Parties? Clarity Is Key What Are the Relationships Between Them? What relationships are direct? What relationships are indirect (i.e. through another party or parties)? What relationships might be assumed or misunderstood? Written Agreements!!! 19

20 Presenter Contact Information Debra P. Wilson Legal Counsel National Association of Independent Schools th Street, NW, Suite 800, Washington, DC Tel: (202) Fax: (888) Heather J. Broadwater Partner Potomac Law Group, PLLC 1300 Pennsylvania Avenue, NW, Suite 700, Washington, DC Tel: (706) Fax: (202) 20

CITY OF BLACK DIAMOND REQUEST FOR PROPOSALS FOR CONTRACTED CITY LEGAL SERVICES

CITY OF BLACK DIAMOND REQUEST FOR PROPOSALS FOR CONTRACTED CITY LEGAL SERVICES I. Proposal Due Date: The City of Diamond invites written proposals for contracted City Legal services. Proposals are due