Foreign students attending private schools, or in privately funded adult education or language programs, are not subject to the requirements in Section 625. However, if a private school student wishes to transfer to a public school or a publicly funded adult education or language program, he or she will have to comply with Section 625 in order to maintain F-1 status.
The new law prohibits the issuance of F-1 visas to attend publicly funded adult education programs. The INS interim guidance defines publicly-funded adult education as 'education, training or English-as-second-language programs operated by, through or for a local public school district, system, agency or authority, regardless of whether such a program charges fees or tuition.' Programs falling under this definition can no longer accept students in F-1 status, even if tuition is charged.