Foreign family member exchange student troubles

October 10, 2005 8:59 AM

What are our options in this fairly unique exchange-student situation, where a family member is being denied access to our local school?

Here's the background. I'll keep it as short as possible. My father-in-law lives in Brazil with his wife. He is a U.S. citizen, she is a citizen of Brazil. She has three children by her first husband, all citizens of Brazil. My wife and I live in Portland, Oregon. We are US citizens. One of my step-sisters wants to attend 10th grade in Portland. It is a semi-exchange student situation in that she wants to come here, but to stay with us rather than some randomly chosen family.

My father-in-law did some research already, hiring a private exchange firm to set things up. Basically, this facilitates getting the student Visa. We had to apply to the exchange program and be approved via a small homestudy. That's all done. However, now we find out that the Portland school district is not accepting any exchange students due to its perpetually cash-strapped situation.

Can they really stop us? I mean, she really is family, and really could claim citizenship if she wanted, as far as I understand. What if we were legal guardians of our sister-in-law, wouldn't they have to accept her then? What if she just came here and enrolled? Or is it a situation where now that we have started down this path, we have backed ourselves into a corner?

At this point, we are looking for suggestions and alternatives. Private schools are our current thought, but we're hoping to widen our options or tactics.

posted by Invoke to education (10 comments total)

How could she claim citizenship in the U.S.? I think you're getting confused. She just has a step-father who is American, nothing more. That doesn't mean diddly.

Not that that matters -- you don't need to be a citizen to enroll in public school. Not only will they not stop you -- they will welcome another student, because every student means cash from the state.

Here's the kicker, though -- if your step-sister isn't part of an exchange program, then she'd better be fluent enough in English and at basically the same level as other kids in her grade.
posted by incessant at 9:15 AM on October 10, 2005

Yes, she is quite fluent in English. What I have been told is that you have to be fluent in a foreign language to graduate from her high-school in Sao Paolo, since the finals are given in the language of your choice from a list which does not include Portuguese.
posted by Invoke at 9:29 AM on October 10, 2005

IANAL, but, she has a student visa and is staying with you, so there's no reason to classify her as an exchange student for the purposes of the school district (i.e. part of an exchange-student-program) she's just a current resident of Portland. Why she's living with you, how you went about getting her visa, etc. is not technically relevant. Public schools therefore would have to take her in.
posted by desuetude at 10:00 AM on October 10, 2005

Oregon Revised Statute 339.010 states: "School attendance required; age limits. Except as provided in ORS 339.030, all children between the ages of 7 and 18 years who have not completed the 12th grade are required to attend regularly a public full-time school of the school district in which the child resides." [emphasis added]

I'd start with a letter reciting the code. If it works, great. If not, then you have a letter from the school district explaining why the law doesn't apply to them or to your family member. Show your letter and the school district's response to the state department of education and ask for a determination from them.

Schools in Oregon get state funding based on fall enrollment, not attendance. Thus, districts have a perverse incentive to lose, rather than gain, students after the beginning of the year.
posted by GarageWine at 10:01 AM on October 10, 2005

I've been involved with student exchange programs off and on for the past twenty years, so here's my two cents.

She's coming to the US via an exchange program, isn't she? Speak with the Area Representative. This kind of situation happens all the time. The program reps should be able to give you some advice. It's their job to take care of the students, and that includes getting them placed in a school.

Overcrowded, cash-strapped schools aren't often willing to take in exchange students, even if they will receive money for the student. Many exchange students don't receive credit for their year abroad, so the year spent in an American school does nothing to officially advance their education. Think of it from the school administrator's point of view...why should they stretch their resources even thinner to take care of a kid who is essentially on a long vacation? Find out if her Brazilian school will credit her American education. If it will, then you will have an easier time convincing the administration to enroll her.

Even if she won't get credit, you could argue with the school and probably get them to accept the student. But it sounds like you have other options (like a private school). In my experience, it's far better to place a student in a school where the adminstration welcomes exchange students.

I assume she is younger than 18?
posted by luneray at 10:49 AM on October 10, 2005

If you ask permission, it'll start a round of meetings. Just notify them that she's enrolling on a specific date, and get transcripts from her current school.
posted by theora55 at 11:07 AM on October 10, 2005

We've already been told by the administrator of the exchange program that Portland schools are "full". Yes, she is younger than 18. 14 at the moment, IIRC.
posted by Invoke at 11:21 AM on October 10, 2005

Living somewhere does not make you a resident. A person on a student visa is not a resident, so pointing to laws that say "all residents must" probably won't help much. (I'm on a student visa, and I'm a "non-resident alien.").

Now whether a flunkie at the school district will know that is another story, of course, but if the flunkie has lawyers, the lawyers will surely know.
posted by duck at 12:12 PM on October 10, 2005

Will the exchange program pay for the cost of private tuition? Check the rules and regs of the program. An exchange program has to guarantee that a student can be placed in a local school, but various programs have different rules regarding private schools.

What does the exchange program require the host families to provide? Go over the agreement carefully.

(The program I'm involved with only requires the family to provide food (incl. school lunches), shelter (his/her own bed, not necessarily a separate bedroom), and transportation to/from school. The program is responsible for ensuring the student is enrolled, and for paying mandatory school fees. If private is the only option, then the program pays tuition. Other issues, like spending money, are usually worked out between the families. If the natural family insists that their child goes to a certain private school, then the natural family is responsible for tuition.)

IMHO, if the exchange program places a student in an area where the public school district won't accept that exchange student, then it's up to the program to fork over the costs of private tuition. Even if it's a direct placement between student and host family.
posted by luneray at 12:12 PM on October 10, 2005

I would try going to the principal of the school where you'd like to enroll her, sitting down with him/her, and trying to see if you can get him/her to agree to take the student. If you do that, it ought to be much easier to get the student accepted by the school system. As an alternative, you could look for a local charter school that has more control over its admissions and try the same thing there. Either way, you'll make more progress in public school system bureaucracy if you have someone on the inside pushing.
posted by yellowcandy at 12:12 PM on October 10, 2005