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POLICY STATEMENT

International students are not eligible for a provincially funded education, as they do not meet residency requirements. This policy outlines the limited exceptions to this rule for international students who wish to attend public school.

RATIONALE

The Ministry of Education provides resident children, as defined below, a free education. Due to a variety of circumstances, some international students could be regarded as "ordinarily resident." This policy provides Boards of Education with detailed information as to what circumstances would qualify an international student for a provincially funded education.

LEGISLATION/ REGULATIONS

See the School Act, Section 82 (1) and (2).

Additional sources of authority include: the Family Relations Act, the Infants Act, the Divorce Act and the Child, Family and Community Service Act.

POLICY

The purpose of this policy is to provide Boards of Education with guidance on:
1. provincial funding of international students;
2. international students who do not have student authorizations and who wish to enroll in a school district; and
3. protecting the welfare of international students who are living without parental, guardian or other adult supervision.

PROCEDURES

If a student is determined to be an international student, as per Section 82 of the School Act and the sections contained in this policy, Boards of Education must apply the following rules:

International Students with Student Authorizations

1. Generally, all international students who have Citizenship and Immigration Canada (CIC) student authorizations should be identified as international students on Form 1701. Provincial education funding will not be available for these students. If a Board of Education has claimed these students for funding purposes, the board must reimburse the Ministry. The board may choose to charge tuition fees to these students.

2. Exceptions are listed below. Provincial education funding will be provided for these students, even though they have student authorizations:

An international student who:

• is a refugee claimant with an acknowledgement letter from the Immigration and Refugee Board;
• is a Convention Refugee and can present a letter from CIC confirming this;
• has been admitted to Canada under a letter of permission or permit issued by CIC;
• is in the custody of the Minister for Children and Family Development; or
• is attending school on a reciprocal and equal exchange. This exchange must be one in/one out of the same district for the same length of time, with the exchange completed within two years.

An international student whose guardian(s):

• has been admitted to Canada for permanent residence (i.e., landed immigrant) or has applied for permanent residence from within Canada and can substantiate this with documentation from CIC;
• has been admitted for temporary residence in Canada for a term of one year or more and holds a student authorization or employment authorization from CIC;
• has been admitted under a teacher exchange program;
• is carrying out official duties as a diplomatic or consular official and is able to substantiate this with a Foreign Representative Acceptance Counterfoil in the guardian's passport; or
• is a person who is a resident of the province on a cyclical (continuing part-time) basis, as determined through consultation with the Ministry of Education and with CIC.

International Students without Student Authorizations

1. International students without student authorizations who wish to enroll, or are enrolled, with a Board of Education should be referred to Citizenship and Immigration Canada(Telephone: 1-888-242-2100 or Web site: CIC Canada).

2. These students are not eligible for provincial funding. If a Board of Education has claimed these students for funding purposes, the board must reimburse the Ministry.

International Students Living without Parental, Guardian or Adult Supervision

1. Schools boards need to be vigilant with regards to the welfare of international students, especially in the case where students are living without parental, guardian or adult care and supervision.

2. Section 14 of the Child, Family and Community Service Act, requires every person to report promptly to a child protection social worker when they have reason to believe a child needs protection as set out in the following circumstances: a child that has been, or is likely to be physically harmed, sexually exploited or abused, neglected, emotionally harmed, or deprived of necessary health care or medical treatment. Section 13 of the Act enumerates all instances when protection is required.

3. For further information visit BC Handbook For Action on Child Abuse and Neglect.