Overseas Students: Attendance and Progress Policy

1. What is this policy about?
   1. This policy outlines the arrangements for monitoring course progress and attendance of overseas fee-paying students enrolled in ACT public schools.
2. Policy Statement
   1. As a registered CRICOS provider, the ACT Education Directorate (Directorate) complies with the legislative framework of the Education Services for Overseas Students Act (Clth) 2000 (ESOS Act) and the National Code of Practice 2018 (National Code).
   2. Standard 8 of the National Code references responsibilities of the registered CRICOS provider regarding student visa requirements, with specific focus on student progress, attendance and course duration.
3. Who does this policy apply to?
   1. This policy applies to overseas students who hold visa subclass 500 (school sector) and are enrolled in ACT public schools.
4. Context
   1. Consistent with the Commonwealth Department of Home Affairs (DHA) requirements, overseas students on visa subclass 500 (school sector) must maintain satisfactory course progress and attendance (visa condition 8202) and behave responsibly (visa condition 8303) during enrolment.
   2. Overseas students are expected to complete their course of study within the agreed duration specified on the Confirmation of Enrolment (CoE), noting this does not exceed the CRICOS registered period.
5. Responsibilities
   1. International Education Unit (IEU):The IEU is responsible for:
      • providing clear information to an overseas student and relevant others (eg their parents or agents), prior to course commencement, of the requirements for satisfactory progress and attendance (80% as minimum) in each study period, how this is determined and recorded;
      • monitoring student progress and attendance to support the overseas student to complete their course within the expected duration listed on the CoE;
      • identifying, informing and assisting (eg implementing intervention support strategies) an overseas student if potentially “at risk” based on evidence from assessment tasks, tuition participation or other academic indicators – noting this occurs in consultation with school staff and/or the Board of Senior Secondary Studies;
      • notifying the overseas student in writing of intent to report to the DHA (including “why” and right of appeal within 20 working days) if course progress or attendance requirements are not being met;
      • exercising discretion, under the National Code, not to report attendance breaches if the overseas student is attending at least 70% of scheduled class contact hours and there is an evident compassionate or compelling reason;
      • enacting extension if an overseas student is unable to complete studies in the expected duration in the following instances, noting the overseas student should seek advice from the DHA as to visa status impact:
        • compassionate or compelling circumstances genuinely exist and are evidenced;
        • intervention strategies are underway or in planning to address the overseas student being “at risk” of not meeting course progress requirements;
        • an approved deferral or suspension of enrolment has been enacted under Standard 9 of the National Code.
      • reporting unsatisfactory course progress or attendance in PRISMS (Provider Registration and International Student Management System) in accordance with section 19(2) of the ESOS Act if:
        • on completion of internal and external appeal process the decision or recommendation supports the registered CRICOS provider; or
        • the overseas student does not submit an appeal or does not do so in the timeframe or withdraws that appeal in writing.
      • checking a course is not exclusively delivered by online or distance learning to an overseas student and that in each compulsory study period for a course, at least one unit is not of this nature unless the final unit (noting that in the 2020 global COVID-19 pandemic, ESOS flexibility given to remote learning to allow educational continuity for overseas students);
      • checking any online or distance learning is additional to the minimum face to face teaching approved by the relevant designated jurisdictional authority or ESOS agency as part of any applicable course registrations;
      • supporting overseas students who may be disadvantaged by requirements (eg costs or access to resources) from undertaking online or distance learning or engaging with other students through such delivery.
   2. International Private Students (IPS) Co-ordinators: Co-ordinators are responsible for:
      • their ability, potential and career aspirations;
      • monitoring attendance and overall academic progress of each overseas student;
      • implementing targeted support strategies (eg tutorials) in conjunction with individual subject teachers and the IEU team.
   3. Overseas Students: Students are responsible for:
      • observing the conditions of their visa, attending school regularly, maintaining satisfactory academic results within their ability level, behaving responsibly at school and within the community;
      • being present at, and actively participating in, orientation sessions and transition meetings at which visa compliance is explained and supportive intervention strategies outlined.
   4. Policy Owner: The Executive Branch Manager Universal School Support is responsible for this policy.
6. Monitoring and Review
   1. The Policy Owner monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three year period.
7. Contact
   1. For support, contact the IEU on (02) 6205 9178 or via email at ieu@act.gov.au.
8. Complaints
   1. Any concerns about the application of this policy or the policy itself, should be raised with:
      • the IEU via email at ieu@act.gov.au or by phone on (02) 6205 9178 in the first instance;
      • contact the Directorate’s Families and Students, Complaints and Feedback Unit on (02) 6205 5429.
      • online at http://www.education.act.gov.au/contact_us.
      • see also the Complaints Policy on the Directorate’s website.
9. References
   1. Legislation
   • Education Services for Overseas Students Act (Clth) 2000
   • National Code 2018
   • Education Act (ACT) 2004
10. Implementation Documents
    • Directorate Education Participation (Enrolments and Attendance) Procedure
    • Overseas Students: Guidelines for Students Holding Visa Subclass 500 (School Sector)
    • Overseas Students: Intervention Strategies Flowchart
11. Related Policies and Information
    • IEU Operations Plan
    • IEU Risk Matrix

is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.