South America Northwest

EnglishConnect in Bolivia

Summary

September 19, 2017

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

1. Legal Entity:  

Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a registered branch of a foreign entity (“COPIJSUD”), can carry out the EnglishConnect program in Bolivia. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Bolivia. COPIJSUD has the corporate authority to administer the EnglishConnect program.

2. Regulations and Licensing Requirements:  

COPIJSUD is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program as long as it: (i) is provided for free; (ii) is part of the Church’s religious activities; and (iii) is only provided to members of the Church and others who wish to take part in the program.¹

3. Tax Consequences:  

COPIJSUD is not subject to any tax consequences or reporting obligations if it administers the EnglishConnect program since it offers these courses free of charge. Administering the EnglishConnect program will not jeopardize COPIJSUD’s current tax exempt status and activities can take place in meetinghouses without jeopardizing their property tax exemptions. In order to avoid tax and reporting requirements, COPIJSUD should provide EnglishConnect materials for free or by PDF for participants to download and print at home.²

4. Other:

Other than those listed below, there are no legal issues arising from COPIJSUD’s administration of the EnglishConnect program in Bolivia.

a. Parental Consent. COPIJSUD should obtain written consent from the parent/guardian of all EnglishConnect participants under the age of 18.

b. Missionary Visas. Missionaries may teach EnglishConnect courses in Bolivia without causing issues with their existing visas, as long as EnglishConnect courses are not seen as formal education (see Section 2 above).

c. Certificates. COPIJSUD may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. Issuing certificates of completion will not subject COPIJSUD to additional laws or regulations.

d. Participant Disclosure. We recommend that COPIJSUD provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials. This can be accomplished by including such language in the standard online registration materials.

 e. Advertising. As with the BYU-Pathway program, EnglishConnect should not be advertised through mass media, but only through announcements at church meetings and word of mouth.

1. Formal education centers in Bolivia require special authorization by local authorities. Under these conditions, EnglishConnect will not be considered educational activity requiring authorization.
2. In Bolivia, the sale of goods is subject to value added tax (“VAT”) unless the seller applies for and receives an exemption from the tax authorities. COPIJSUD could apply for a VAT exemption for EnglishConnect materials, and this exemption would likely be granted. If it provides materials for free, no exemption is required.

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EnglishConnect in Colombia

Summary

September 20, 2017, updated September 10, 2019 and February 15, 2022¹

EnglishConnect 1, EnglishConnect 2, and Learn English Now  

The Church of Jesus Christ of Latter-day Saints in Colombia, a religious organization (the “Colombian Church”), can carry out the EnglishConnect program in Colombia. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Colombia. The Colombian Church is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program.² The Colombian Church may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Colombian Church provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The EnglishConnect program in Colombia was reviewed by local counsel. Based on that review, any advertising used in Colombia should include a statement that participation is at the discretion of the Colombian Church (i.e., “reserved right of admission” – this information can be included in the main body of the ad or in a footnote), in addition to the general advertising requirements outlined below. In addition, the program should be operated in Colombia according to the following general program guidelines:

• The program may be advertised through mass media (newspaper, radio, paid social media ads) or by handbills, posters, announcements in Church, or “pass-along” cards, provided the advertisements contain:
  
  • Prominent placement of the Church’s name;
  • A statement that there is no cost for EnglishConnect novice programs; and
  • A statement that EnglishConnect novice programs are not accredited.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.³
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission that has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary

EnglishConnect 3  
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Colombia. Because BYU-PW will offer EnglishConnect 3 through the Pathway program, it must operate under the same conditions as Pathway. For more information on EnglishConnect 3 and the Pathway program, please refer to the Pathway Program Report, under the Church Education key topic for Colombia on InfoGuide. (In the past, Brigham Young University – Idaho was the entity that offered Pathway programs, but it transferred its Pathway activities to BYU-PW in 2019.)

1. This EnglishConnect summary was drafted September 20, 2017, but updated on September 10, 2019 to include information about the EnglishConnect 3 program and to include the general program guidelines, which were developed after the summary was first drafted. On February 3, 2022, Camillo Duarte of DuarteNatesTorres Abogados confirmed by video conference with Kirton McConkie attorney Karen Taylor DelPriore that there are no legal issues with broad advertising of EnglishConnect, or with the program generally. This summary was updated on February 15, 2022 to reflect that confirmation.
2. There are no licensing requirements for the EnglishConnect program in Colombia because: (i) it is part of the educational mission and activities of the Colombian Church; (ii) it does not generate a profit; and (iii) it does not certify any level of proficiency to third parties.
3. If a student has registered online for EnglishConnect using an LDS Account, he or she need not be provided a hard copy of the Privacy Notice.

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EnglishConnect in Ecuador

Summary

September 20, 2017, updated September 2019 and February 15, 2022¹

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Church of Jesus Christ of Latter-day Saints in Ecuador, a religious organization (the “Ecuadorian Church”), can carry out the EnglishConnect program in Ecuador. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Ecuador. The Ecuadorian Church is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program.² The Ecuadorian Church may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Ecuadorian Church provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The EnglishConnect program in Ecuador was reviewed by local counsel. Based on that review, any advertising used in Ecuador should not depict minors (individuals under the age of 18), in addition to the general advertising requirements outlined below. In addition, the program should be operated in Ecuador according to the following general program guidelines:

• The program may be advertised through mass media (newspaper, radio, paid social media ads) or by handbills, posters, announcements in Church, or “pass-along” cards, provided the advertisements contain:
  
  • Prominent placement of the Church’s name;
  • A statement that there is no cost for EnglishConnect novice programs; and
  • A statement that EnglishConnect novice programs are not accredited.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.³
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission that has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Ecuador. Because BYUPW will offer EnglishConnect 3 through the Pathway program, it must operate under the same conditions as Pathway. For more information on EnglishConnect 3 and the Pathway program, please refer to the Pathway Program Report, under the Church Education key topic for Ecuador on InfoGuide. (In the past, Brigham Young University – Idaho was the entity that offered Pathway programs, but it transferred its Pathway activities to BYU-PW in 2019.)

1. This EnglishConnect summary was drafted September 20, 2017, but updated on September 10, 2019 to include information about the EnglishConnect 3 program and to include the general program guidelines, which were developed after the summary was first drafted. On February 3, 2022, Diego Romero of Romero Arteta Ponce - RAP Law Firm confirmed by video conference with Kirton McConkie attorney Karen Taylor DelPriore that there are no legal issues with broad advertising of EnglishConnect, or with the program generally. This summary was updated on February 15, 2022 to reflect that confirmation.
2. Only institutions that specifically have education as their social object must comply with the Organic Law of Intercultural Education. Because the Ecuadorian Church’s purpose is to improve and perfect the lives of its members, including through education, it will not be subject to this law.
3. If a student has registered online for EnglishConnect using an LDS Account, he or she need not be provided a hard copy of the Privacy Notice.

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EnglishConnect in Peru

Summary

October 10, 2017, updated September 10, 2019 and February 15, 2022¹

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Peruvian Association of The Church of Jesus Christ of Latter-day Saints, an association (“ASPERSUD”), can carry out the EnglishConnect program in Peru, as long as EnglishConnect is offered free of charge and falls under the Peruvian concept of “Community Education.”² The EnglishConnect program will be part of the Self-Reliance activities already taking place in Peru. ASPERSUD may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that ASPERSUD provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The EnglishConnect program in Peru was reviewed by local counsel. Based on that review, there are no country-specific guidelines for Peru. The program should be operated in Peru according to the following general program guidelines:

• The program may be advertised through mass media (newspaper, radio, paid social media ads) or by handbills, posters, announcements in Church, or “pass-along” cards, provided the advertisements contain:
  
  • Prominent placement of the Church’s name;
  • A statement that there is no cost for EnglishConnect novice programs; and
  • A statement that EnglishConnect novice programs are not accredited.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.³
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission that has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Peru. Because BYU-PW will offer EnglishConnect 3 through the Pathway program, it must operate under the same conditions as Pathway. For more information on EnglishConnect 3 and the Pathway program, please refer to the Pathway Program Report, under the Church Education key topic for Peru on InfoGuide. (In the past, Brigham Young University – Idaho was the entity that offered Pathway programs, but it transferred its Pathway activities to BYU-PW in 2019.)

1. This EnglishConnect summary was drafted October 10, 2017, but updated on September 10, 2019 to include information about the EnglishConnect 3 program and to include the general program guidelines, which were developed after the summary was first drafted. In November 2021, EnglishConnect proposed broad paid advertising of the program. On February 3, 2022, local counsel José Antonio Jaramillo of Lazo, De Romaña & Bravo Abogados confirmed by video conference with Kirton McConkie attorney Karen Taylor DelPriore that there are no legal issues with broad advertising of EnglishConnect, or with the program generally. This summary was updated on February 15, 2022 to reflect that confirmation.
2. Under the Peruvian educational system, there is a concept of “Community Education,” which applies to civil society organizations that seek to enrich personal skills, promote human development, and extend the knowledge and skills of individuals outside of formal educational institutions. Community Education programs are not subject to local regulation. As long as it takes place outside of a formal educational institution and falls under this idea of Community Education, the EnglishConnect program will not be subject to local educational regulations.
3. If a student has registered online for EnglishConnect using an LDS Account, he or she need not be provided a hard copy of the Privacy Notice.

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