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INS ISSUES INTERIM GUIDANCE ON F-1 VISAS AND PUBLIC SCHOOLS 
The INS has issued instructions relating to provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA") that relate to foreign students attending public schools in the US. Under IIRAIRA, effective November 30, 1996, aliens are prohibited from attending public elementary schools (grades K through 8) or publicly funded adult education programs. "Publicly funded adult education programs" are defined to include education, training, English-as-Second-Language (ESL) or other intensive English programs operated by, through, or for a local public school district, system, agency or authority, regardless of whether such program charges fees or tuition." The rule does not apply to publicly funded post-secondary schools such as public community or junior colleges which receive public funds, but charge full nonresident tuition to foreign students.
Since November 30, 1996, aliens applying for change of status to or admission as F-1 students to attend a public elementary school or publicly funded adult education program are not eligible based on an I-20 issued from a school or program. The INS has provided for a system of "deferred inspection" in the discretion of an INS inspector's discretion. This would allow the student to enter and attend school even though they are technically subject to the prohibition on study.
The INS notes that private schools are not subject to the new rules and can continue issuing Forms I-20. But transferring to a public school is restricted under the new law. The penalty for such an unlawful transfer is that the alien remain outside the United States for a continuous period of five years after the violation.
Under IIRAIRA, since November 30, 1996, public high school students (grades 9 through 12) can only stay in F-1 status for 12 months and must pay back the local public school district the unsubsidized, per capita cost of education for the intended period of study. The new law does not require reimbursement for public school attendance that took place prior to November 30, 1996. Also, attendance at a public elementary school prior to November 30, 1996 does not count against the 12 month limit. Also, public secondary school attendance in another lawful nonimmigrant status does not count against the one year limit.
Applicants for F-1 status to attend public high schools must now provide evidence at the time of applying for a change of status to F-1 status or admission as an F-1, either via a brief statement with "notarized" signature of the Designated School Officer on page one of the I-20 under the "Remarks" portion in block 9 or a signed letter on school system letterhead which attests that the alien has reimbursed the local public school system for the unsubsidized, per capita cost of education for the intended period of study. The local school system must determine what that cost actually is.
Upon admission or a granting of change of status, such high school students are not eligible for duration of status I-94s nor for the 60 day grace period as are normally applicable to F-1 students. F-2 status cannot last more than 12 months. This information was provided in an internal memorandum sent from INS headquarters to all INS field offices.
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