Government Laws and Regulations
The student counsellor needs a working knowledge of the laws, regulations, and practices which apply to international education in the destination country.
The Role of Governments
Most countries have national, regional, and/or local levels of government. Each level of government has its own powers and jurisdictions. Responsibility for laws and regulations relating to international education can be divided quite differently between the levels of government in different countries. For example, in some countries, international education may be largely a national responsibility; in others, it may be mostly controlled by state or regional governments. In some countries, the national government is responsible for overarching legislation, but the states or regions largely administer the accompanying regulations. Within a country, the state/regional governments may have quite different regulations and interpretations of laws relating to international education.
National Laws and Regulations
National laws and regulations are those which are enacted by the national government and pertain to the country as a whole. In particular, the national government usually controls immigration and student visas, and may also have specific legislation regarding the governance and operation of education institutions enrolling international students.
State or Regional Laws and Regulations
State/regional governments may have their own laws and regulations governing international education. These state/regional laws may extend the national laws, or impose further regulation in addition to any national laws. State/regional governments are often also responsible for administering regulations associated with the national laws.
Local Laws and Regulations
Local government laws usually concern the local community and do not usually relate directly to international education. However, local laws such as building codes, fire and safety regulations, environmental regulations, etc., directly affect the quality and cost of education premises and student accommodation.
The student counsellor should know which levels of government in each destination country are responsible for laws and regulations concerning the various aspects of international education.
Types of Laws
Each country has its own unique laws and legal system. Some countries have a system based on common law plus legislation; other countries use a codified legal system. Some countries have a written constitution and bill of rights; others do not. Within each country, however, some common types of laws are usually found. Those which may be relevant to international education include:
- Immigration law
- Consumer protection laws
- Education laws
- Business laws
- Financial laws
- Privacy laws
- Anti-discrimination laws
- Health and safety laws.
Laws Relating to International Students
As well as laws governing the general population, there may be specific laws (or additions to existing laws) which apply specifically to international students. For example, immigration laws normally specify the types and conditions of student visas. In addition to general consumer protection laws, there may be specific laws to protect international students from deception or fraud.
Laws Relating to Education Institutions
Similarly, education institutions providing courses to international students may be subject to specific laws governing their behaviour. In particular, additional laws and regulations on top of those pertaining to the local education system may impose extra conditions with regard to:
- Accreditation and registration
- Marketing
- Enrolment
- Duty of care
- Education provision
- Business operations
Laws Governing International Education
In addition to laws and regulations which apply generally in the destination country, there are likely to be laws specifically governing international education. This may be stand-alone legislation or embedded in other laws.
The student counsellor should find out what is the primary legislation regulating international education in each destination country, and which government department or regulatory body is responsible for regulating it. The primary legislation usually has some variation of the following functions
Financial Security
To ensure students receive the tuition they pay for, and to prevent fraudulent use of international students’ fees and other funds.
Quality Assurance
To ensure institutions meet minimum quality standards for their premises, courses, and student welfare services, and to ensure institutions have integrity and act ethically.
Visa Compliance
To prevent institutions from allowing or encouraging students to breach their student visa conditions, and to
ensure timely collection and reporting of information regarding student compliance with visa conditions.
Regulation of Education Institutions
The laws governing international education usually specify the regulations by which they are to be administered. Such regulations are generally applied by means of a mandatory code of practice and/or set of standards. These set out the conditions which an education institution must meet in order to be registered for international students.
Registration
In order to apply for registration, education institutions typically have to comply with these conditions:
- Course accreditation
- Course duration
- Student numbers
- Mode and place of study
- Staff, resources, and premises
- Management and administration
- Marketing and enrolment
- Arrangements with agents
- Arrangements with other institutions.
Compliance
Registration conditions normally stipulate requirements and restrictions regarding the operations of the education institution and its relations with students, agents, and other institutions. To comply with these, the education institution must have in place policies and procedures in areas such as:
- Marketing information and practices
- Recruitment and enrolment
- Use of education agents
- Student support services (including arrangements for minors)
- Course credit
- Course attendance, progress, and scheduled completion
- Student transfers
- Deferment, suspension, or cancellation of study
- Premises and resources
- Staff qualifications and experience
- Changes to ownership or management
- Complaints and appeals.
Processing and Reporting
Registration conditions may also specify the systems and documentation to be used when processing student enrolments and visa applications, and for reporting student attendance and progress.
Agent Responsibilities
In many countries, educational institutions are held legally responsible for the actions of their agents. That is, they must ensure that their agents comply with their registration conditions. Such compliance is commonly written into contracts between education institutions and agents. Such contracts usually specify sanctions, corrective processes, or termination conditions in the event a student counsellor is dishonest or unethical, or otherwise breaches the contractual conditions.
It is therefore imperative that the student counsellor knows what the contractual conditions are, and how they relate to the laws and regulations governing international education in the destination country. In addition, he/she must know and follow the correct procedures when recruiting and enrolling students, and when applying for student visas.
In particular, the student counsellor is responsible for honest and ethical behaviour with regard to marketing, enrolment, and visa applications. This entails ensuring that marketing materials and activities provide prospective students with accurate and up-to-date information about education institutions and their courses, and that advice given to students is fair and appropriate for their circumstances.
The student counsellor needs to explain enrolment conditions, fees, costs, etc. clearly to the prospective student prior to enrolment. When enrolling students, he/she must ensure they meet the enrolment conditions and entry requirements, and that they supply valid documentation.
Similarly, the student counsellor must clearly explain student visa types, conditions, and costs to prospective students, make sure they meet the visa conditions, and check that their documentation is appropriate and valid.
Extension Questions: For each relevant destination country:
- What laws and regulations apply to international students?
- What laws and regulations apply to education providers marketing to international students?
- How are these laws and regulations implemented?
- How effective are they?
- How do they affect the student counsellor?