Student Educational Employment Program

SUMMARY: The Office of Personnel Management is proposing to consolidate

existing Federal student employment programs into one streamlined,

flexible program that: adapts to changing market conditions and

occupational demands, encourages greater participation and partnerships

between Federal agencies and educational institutions in developing

effective programs, and serves as a critical tool to assist agencies in

building a diverse workforce. The program would consist of two

components: work-study and temporary student positions.

Over the years, a number of different student employment programs

and appointing authorities have often impeded Federal agencies from

meeting critical employment challenges with innovative solutions. This

new framework will substitute complex regulatory guidance with a

flexible approach to developing student educational and employment

programs.

DATES: Comments must be received on or before June 13, 1994.

ADDRESSES: All comments concerning these proposed regulations should be

addressed to Patricia Paige, Director Paige, Director, Staffing

Reinvention Office, U.S. Office of Personnel Management, 1900 E.

Street, NW., room 6332, Attention: Staffing Reinvention Office,

Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Ellie Miller, Staffing Reinvention

Office, at (202) 606-0830.

SUPPLEMENTARY INFORMATION: Under this authority, agencies can develop

innovative work-study or temporary programs to attract students. For

instance, agencies could create internship programs with a tuition

assistance option for students attending college (associate,

undergraduate, and graduate), and vocational and technical

institutions. Students in these agency/academic tailored programs can

be employed in professional, scientific, administrative, technical,

clerical, and trades/crafts occupations.

Proposed Amendments

Under the proposed regulations, a new authority, the Student

Educational Employment Program, would replace the following:

Schedule A authority Sec. 213.3102(p) graduate students in

scientific, professional or analytical positions;

Schedule A authority Sec. 213.3102(q), students in

scientific, professional and technical positions, GS-9 and below;

Schedule A authority Sec. 213.3102(v), temporary summer

aid;

Schedule A authority Sec. 213.3102(w), stay-in-school

program;

Schedule A authority Sec. 213.3102(y), summer employment;

Schedule A authority Sec. 213.3102(jj), legal intern

positions;

Schedule B authority Sec. 213.3202(a) through (c), (e) and

(g), cooperative education program;

Schedule B authority Sec. 213.3102(d), Harry S. Truman

Foundation Scholarship Program; and

Schedule B authority Sec. 213.3202(f), Federal Junior

Fellowship Program.

Using the new program, agencies would appoint students under

Sec. 213.3202(b) (work study) and Sec. 213.3202(c) (temporary). The new

schedule B authority would contain both a Work-Study Component,

Sec. 213.3202(b) and a Temporary Student Component, Sec. 213.3202(c).

Under the new program, the definition of student is an individual

who is enrolled or accepted for enrollment in at least a half-time

academic course load in an accredited high school, technical or

vocational, associate, baccalaureate, graduate, or professional diploma

or certificate program. An individual is still deemed to be a student

as long as there are no breaks in course work of more than 5 months and

the student shows to the satisfaction of the agency and academic

institution that he/she has a bona fide intention of continuing to

pursue a course of study or training. An individual who has to complete

less than half of an academic course load immediately prior to

graduating is still considered a student.

Agencies may appoint students on a full-time, part-time or

intermittent basis at any time during the year. The student's work

schedule should not interfere with his or her academic studies.

Work-Study Component

The work-study component provides experience that is directly

related to the student's educational program. Agencies should appoint

students under Sec. 213.3202(b) when the job is related to their

academic field of study. Programs developed under this component

provide for a schedule of periods of attendance at an accredited school

combined with periods of career-related work in a Federal agency.

Agencies, participating educational institutions, and students should

agree on a formally-arranged schedule of school and work to ensure that

work responsibilities do not interfere with academic performance.

Students appointed under this component will be classified as

Student Trainees, to the -99 series of the appropriate occupational

group.

Students appointed under Sec. 213.3202(b) (work study) may be

noncompetitively converted to a career or career-conditional

appointment under Executive Order 12015 when students have: (1)

completed within the preceding 120 days an educational program and

course requirements at an accredited school; (2) completed at least 640

hours of career-related work, before completion of or concurrently

with, the course requirements (agencies have the option of increasing

this requirement for some or all of its occupation fields); (3) been

recommended by the employing agency in which the career-related work

was performed; and (4) met the qualification standards for the targeted

position to which the student is appointed. Conversions will be to an

occupation related to the student's academic training and work-study

experience.

Temporary Student Component

This component provides flexibility to agencies to appoint students

on a temporary basis to jobs that may/may not be related to the

students' academic field of study. The intent of a temporary student

component is to provide maximum flexibility and opportunity to agencies

and students that will meet both of their needs on a short-term basis.

Classification for students appointed under this component is based

on the occupational series for which they are hired.

Schedule B authority Sec. 213.3202(c) would be used for students

employed on a not-to-exceed 1 year appointment. Appointments under this

authority may be extended in 1-year increments as long as the employee

is enrolled or accepted for enrollment as a student in a diplomat or

certificate program at an accredited academic institution and is

performing at the fully successful or higher performance summary level.

Students would not be eligible for conversion to a career or career-

conditional appointment under this authority.

Movement Between Components

Agencies may noncompetitively move students between temporary and

work-study components if students meet the requirements for that

component. Movement between components will require using the

appointing authority for the component that the student is entering.

Work performed in the temporary component can not be credited

toward meeting the work period requirements of the work-study

component.

Student Volunteers

The student volunteer program will continue to be covered by Title

5, Code of Federal Regulations, part 308, Volunteer Service.

Student Financial Assistance Option

Under both components of this program, agencies have the option of

using financial need criteria to hire talented students who demonstrate

a need for income from employment to continue their education. OPM will

continue to develop and distribute annual economic guidelines for use

in determining financial need. State Employment Service Offices and

financial aid offices in schools can assist in making these

determinations.

Benefit Entitlements

Since it is expected that appointments under the work-study

component would be for more than 1 year, students would be eligible for

retirement, health benefits, and life insurance. Students under the

temporary component are not eligible for retirement or life insurance

but would become eligible for health benefits coverage only after they

complete 1 year of current, continuous employment. Since under the

temporary appointment no Government contribution would be available,

the employee would pay the entire premium.

Tuition Assistance

Under both components of this program, agencies may use their

training authority in 5 U.S.C. chapter 41 and 5 CFR part 410 to pay for

all or part of training expenses. Under the work-study component, an

agency may pay other expenses directly related to training, including

travel and transportation expenses between duty stations and schools.

Employment of Minors

Participation in this program must be in conformance with Federal,

State or local laws and standards governing the employment of minors.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because the regulation

applies only to appointment procedures for certain employees in Federal

agencies.

List of Subjects in 5 CFR Part 213

Government employees, reporting and recordkeeping requirements.

Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM proposes to amend 5 CFR part 213 as follows:

PART 213--EXCEPTED SERVICE

1. The authority citation for part 213 continues to read as

follows:

Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 19 FR 7521, 3 CFR

1954-1958 Comp., p. 218; Section 213.101 also issued under 5 U.S.C.

2103; Section 213.102 also issued under 5 U.S.C. 1104, Pub. L. 95-

454, sec. 3(5); Section 213.3102 also issued under 5 U.S.C. 3301,

3302, 3307, 8337(h), and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982

Comp. p. 185.

Secs. 213.3102 [Amended]

2. In Sec. 213.3102, paragraphs (p), (q), (v), (w), (y), and (jj)

are removed and reserved.

3. Section 213.3202 is amended by removing the introductory text,

removing and reserving paragraphs (d) through (g) and revising

paragraph (a) through (c) to read as follows:

Sec. 213.3202 Entire executive civil service.

(a) Student Educational Employment Program. (1)(i) A student under

this program must be enrolled or accepted for enrollment in at least a

half-time course load in an accredited high school, technical or

vocational school, associate, baccalaureate, undergraduate certificate,

graduate, or professional degree program. An individual is still deemed

to be a student if there are no breaks in course work of more than 5

months and the student shows to the satisfaction of the agency and

academic institution that he/she has a bona fide intention of

continuing to pursue a course of study or training. An individual who

has to complete less than half of an academic course load immediately

prior to graduating is still considered a student. Appointments may be

made on a full-time, part-time or intermittent basis.

(ii) This program is year-round and appointments may be made at any

time during the year. There are no limitations on the number of hours a

student can work, but the student's work schedule should not interfere

with the student's academic studies.

(iii) Participation in this program must be in conformance with

Federal, State or local laws and standards governing the employment of

minors.

(iv) Students under this authority must be:

(A) A U.S. citizen or national resident of American Samoa or Swains

Island; or

(B) In the absence of qualified citizens, a non-citizen provided

he/she:

(1) Is lawfully admitted to the United States as a permanent

resident and meets citizenship requirements prior to conversion if

applicable; or

(2) Is a national of an allied country or otherwise permitted to be

paid under an agency's general appropriation act.

(v) Students under the work-study component must meet the

educational and work experience requirements of the Qualification

Standard for Schedule B Student Trainee positions in OPM's

Qualification Standards Handbook or the requirements for wage grade

positions in OPM's Job Qualification System for Trades and Labor

Occupations (Handbook X-118C). Any OPM test requirements are waived.

Students under the temporary student component may be evaluated either

by agency developed standards or by the OPM qualification requirements

for the position to which appointed.

(vi) Volunteer students are covered by title 5, Code of Federal

Regulations, part 308, Volunteer Service, and may not be treated as

employees under this section.

(vii) Student Financial Assistance Option: Agencies have the

option, under paragraphs (b) and (c) of this section, to use financial

need criteria to hire talented students who demonstrate a need for

employment in order to continue their education. OPM will continue to

develop and distribute annual economic guidelines for use in

determining financial need. State Employment Service Offices and

financial aid offices in schools can assist in making the

determinations.

(b) Work-Study Component (1) Students under this appointment may be

noncompetitively converted under Executive Order 12015 to a career or

career-conditional appointment at any time within a 120-day period

after satisfactorily completing career-related any educational

requirements at an accredited school.

(2) Students must have completed at least 640 hours of career-

related work, prior to or concurrently with completion of academic

requirements, in order to be noncompetitively converted to a career or

career-conditional appointment. Students must be converted to an

occupation related to heir academic training and work-study experience.

(3) Work-study positions should be based on the following

educational programs:

(i) Baccalaureate Degree

(ii) Graduate or Professional Degree

(iii) Associate Degree

(iv) High School Diploma

(v) Undergraduate Certificate or Diploma

(c) Temporary Student Component (1) Students are appointed to a

position not to exceed 1 year. Appointments under this authority may be

extended in 1-year increments as long as the individual meets the

definition of a student and is performing at the fully successful or

higher level. Students would not be eligible for conversion to a career

or career-conditional appointment under this authority.

(2) Students may be noncompetitively converted to the work-study

component whenever they meet the requirements of the work-study

authority and are placed in a career-related position. Conversions

would not be subject to requirements of subparts C and D of part 302.

(3) Temporary student positions should be based on the following

educational programs:

(i) Baccalaureate Degree

(ii) Graduate or Professional Degree

(iii)Associate Degree

(iv) High School Diploma

(v) Undergraduate Certificate or Diploma

* * * * *

[FR Doc. 94-11540 Filed 5-12-94; 8:45 am]

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