Student Educational Employment Program

SUMMARY: The Office of Personnel Management (OPM) is revising its

regulations and consolidating existing Federal student employment

programs into a new Student Educational Employment Program, a

streamlined, flexible program that provides students with exposure to

public service and enhances their educational experience, provides

financial assistance to students to encourage and support their

educational goals, encourages partnerships between Federal agencies and

educational institutions in developing effective school to work

programs, and assists agencies to attract and recruit well educated

graduates into their workforce.

The Student Educational Employment Program will replace complex

regulatory guidance and 13 different appointing authorities with two

appointing authorities and two simple, flexible programs. This

reduction in the number of appointing authorities and the simplifying

of program requirements is in full accord with the National Performance

Review.

DATES: Effective date: December 16, 1994.

Compliance date: For all new appointments, compliance date is

December 16, 1994. All students on any of the appointments being

canceled by this regulation, must be converted to the new, appropriate

appointment by February 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Ellie Miller, Staffing Reinvention Office, (202) 606-0830, or FAX (202)

606-2329.

SUPPLEMENTARY INFORMATION: On May 13, 1994 (59 FR 24966), OPM published

proposed regulations to consolidate the existing student employment

programs into one streamlined program, entitled the Student Educational

Employment Program. The two components of the Student Educational

Employment Program recognize two distinct needs of students: a need for

flexible, temporary employment to enable them to earn a salary while

continuing their studies (Student Temporary Employment Program) and a

need for career related employment which enriches students' academic

experience and offers them valuable work experience in their career

field. (Student Career Experience Program). This new 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. 213.3202(d), Harry S. Truman

Foundation Scholarship Program; and

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

Fellowship Program.

Two new Schedule B appointing authorities were proposed which would

replace all of the above listed appointing authorities. In addition to

publication in the Federal Register, the proposed regulations were also

mailed to all Federal agencies, constituency groups involved in student

employment, and colleges that requested them. The proposed changes were

also announced at the Federal Cooperative Education Conference and made

available to all subscribers to OPM's Electronic Bulletin Board,

Mainstreet.

OPM received written comments from 10 executive level Federal

agencies, and 11 independent agencies. We also received comments from

two constituency groups, six colleges and one anonymous letter. A

discussion of the comments follows:

Title of Program and Use of Term ``Work Study''

The proposed regulations referred to the career related component

of the program as the ``work study'' component. Commenters reminded OPM

that an existing and well established financial aid program already

exists under that name and that using ``work study'' in this context

would create confusion. OPM agrees and the term ``work study'' will not

be used. In the final regulations we use the term ``Student Career

Experience Program' in lieu of ``work study.''

Change in Definition of Student

Commenters liked the new definition of ``student'' meaning an

individual enrolled or accepted for enrollment as a degree (or

certificate, diploma etc.) seeking student taking at least a half-time

academic course load. However, several commenters wanted a better

definition of ``half-time.'' In the final regulations we will indicate

that the definition of half-time must meet the academic institutions

definition of ``half-time.''

Conversion From Temporary Component to Career Related Component

Commenters liked the flexibility offered by being able to convert a

student from the temporary component to the career experience

component. However, if a student in the temporary component is working

in a position related to their academic and career goals, and is

converted to the ``career experience'' component, the commenters wanted

the work experience to be credited towards the 640 hours of work

experience required for non-competitive conversion to a career

conditional appointment. In the final regulations, we will allow for

that.

Flexibility of Schedules

Several commenters asked if the ban on new student employment

appointments during the summer months would continue. Under the new

program agencies may appoint students at any time during the year and a

student's work schedule may be full time or part time, as long as the

student's work schedule does not interfere with his or her academic

studies.

5 Month Break in Service Limitation

In the proposed regulations we stated ``An individual is still

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

than 5 months . . .'' We received many comments indicating that there

may be many instances where a student is legitimately away from school

and not taking courses for a period longer than 5 months. Work

assignments with agencies may keep a student away from classes for a

greater period of time than 5 months. Illness, family or financial

problems may also preclude a student from enrollment for a period of

time. However, the needs of the agency must also be taken into

consideration. Therefore, the final regulations will indicate that the

intent of the program is that a student be either attending classes or

working at the agency or both during the course of the program.

However, agencies may use their own discretion in allowing a ``break in

program.'' A ``break in program'' is defined as a period of time when a

program participant is neither attending classes or working at the

agency.

640 Hour Minimum Work Hours Requirement

Comments regarding this new minimum requirement were varied. Some

thought the number of hours was too low, some thought it was too rigid,

and some thought it should be varied depending on the academic program.

However, for the sake of uniformity, OPM wishes to establish that a

Minimum amount of career related work experience be performed in order

for a student to be eligible for non-competitive conversion to a career

conditional appointment. The minimum standard will be 640 hours, which

can be negotiated upwards by the agency, student and academic

institution as necessary and appropriate.

Documentation of Financial Need

OPM proposed giving agencies the flexibility of using financial

need as an optional requirement. Commenters fell on both sides of this

issue. Some liked the idea that ``financial need'' would be an optional

criteria. Other commenters felt that allowing financial need to be an

``optional'' requirement would create inequity and chaos. In reality,

however, the poverty guidelines established by HHS and which have been

used as a basis for financial need under the former Stay-in-School and

Federal Junior Fellowship Program were so unrealistically low as to be

meaningless in most instances. In fact, in most instances agencies

already utilized Category 5 of the Economic Guidelines. Category 5

allowed agencies to make their own decisions regarding the financial

need of the applicant and to use a variety of factors to document this

decision. Several commenters said that at least one of the student

employment programs (FJFP) was extremely underutilized due to the

unrealistically low income criteria. There is no requirement in

Executive Order 12015 or in any other statute that mandates the use of

financial need as a requirement for student employment. However,

agencies wishing to emphasize these opportunities to low income

students may do so. Outreach and recruitment efforts may be

strategically targeted to reach and inform financially needy students.

Deletion of Term Co-operative Education (Co-op)

Comments from the co-op community indicated a concern that the new

student employment regulations would no longer use the term ``co-

operative education.'' Although the term is no longer used, the model

for the Student Career Experience Program is based on the very

successful model for co-op. OPM believes that retaining the ``old''

name might have precluded or at least slowed the process of enabling

and encouraging agencies to take advantage of the new flexibilities of

the Student Career Experience Program. It is expected that ongoing

partnerships between the co-op community, on campus co-operative

education offices and Federal agencies will continue. OPM will continue

to advise and encourage Federal agency student employment coordinators

to continue these partnerships.

Conversion of Current Students to New Student Educational Employment

Program: Documentation on SF-50, Notification of Personnel Action

To insure that students and their supervisors understand that the

employing authority and conditions of appointment have changed,

agencies must issue an SF 50 (Notification of Personnel Action) to

convert to a new appointment each employee who is serving presently on

an appointment under one of the authorities being cancelled. All

conversions must be effective no later than February 14, 1995.

a. For students currently in positions covered by one of the

following Schedule A appointing authorities, Sec. 213.3102 (p), (q),

(v), (w), (y), or (jj) conversion will be to the Student Temporary

Employment Program. Cite ``571/Conv to Exc Appt NTE (date on which

student's current appointment expires)'' as the nature of action, along

with the authority and the authority code that identifies the student's

educational program:

------------------------------------------------------------------------

Authority

Program Authority code

------------------------------------------------------------------------

High School Diploma......... Sch B, 213.3202(a)--HS..... Y1K

Vocational/Technical Sch B, 213.3202(a)--Voc/ Y2K

Certificate. Tech.

Associate Degree............ Sch B, 213.3202(a)--Assoc.. Y3K

Baccalaureate Degree........ Sch B, 213.3202(a)--BA/BS.. Y4K

Grad. or Prof. Degree....... Sch B, 213.3202(a)--Grad/ Y5K

Prof.

------------------------------------------------------------------------

Also cite remark A30: ``This appointment does not confer

eligibility to be non-competitively converted to career-conditional or

career appointment.''

b. For students currently in positions covered by one of the

following Schedule B appointing authorities, Sec. 213.3202 (a), (b),

(c), (d), (e), (f), or (g), conversion will be to the Student Career

Experience Program. Cite ``570/Conv to Exc Appt'' as the nature of

action, along with the authority and the authority code that identifies

the student's educational program:

------------------------------------------------------------------------

Authority

Program Authority code

------------------------------------------------------------------------

High School Diploma......... Sch B, 213.3202(b)--HS..... YBM

Vocational/Technical Sch B, 213.3202(b)--Voc/ YGM

Certificate. Tech.

Associate Degree............ Sch B, 213.3202(b)--Assoc.. Y3M

Baccalaureate Degree........ Sch B, 213.3202(b)--BA/BS.. Y1M

Grad. or Prof. Degree....... Sch B, 213.3202(b)--Grad/ Y2M

Prof.

------------------------------------------------------------------------

Also cite remark A31: ``This appointment is intended to continue

through completion of education and study-related work requirements. An

agency may non-competitively appoint you to a career or career-

conditional appointment within 120 days after satisfactory completion

of your educational program and satisfactory completion of at least 640

hours of career-related work experience. The work experience must have

been completed prior to or concurrently with the completion of the

requirements of your educational program.''

c. Beginning December 16, 1994, the nature of action code for new

appointments to the Student Temporary Employment Program will be ``171/

Exc Appt NTE (date),'' along with the applicable authority, authority

code, and remark from paragraph a. The nature of action code for new

appointments to the Student Career Experience Program will be ``170/Exc

Appt,'' along with the applicable authority, authority code, and remark

from paragraph b.

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

5 CFR Part 213

Government employees, Reporting and recordkeeping requirements.

5 CFR Part 338

Government employees.

James B. King,

Director.

Accordingly, OPM is amending 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.

2. In Sec. 213.104, paragraph (b)(3)(ii) is revised to read as

follows:

Sec. 213.104 Special Provisions for temporary, intermittent, or

seasonal appointments in Schedule A, B, or C.

* * * * *

(b) * * *

(3) * * *

(ii) Positions are filed under an authority established for the

purpose of enabling the appointees to continue or enhance their

education, or to meet academic or professional qualification

requirements. These include the authority set out in paragraph (c) of

section 213.3202 of this part and authorities granted to individual

agencies for use in connection with internship, fellowship, residency,

or student programs.

* * * * *

Sec. 213.3101 [Amended]

3. In Sec. 213.3101, paragraph (b) is removed and reserved.

Sec. 213.3102 [Amended]

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

are removed and reserved.

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

revising paragraphs (a) through (d), and removing and reserving

paragraphs (e) through (g) to read as follows:

Sec. 213.3202 Entire executive civil service.

(a) Student Educational Employment Program.

(1) The Student Educational Employment Program consists of two

components and two appointing authorities:

(i) The Student Temporary Employment Program (Schedule B

213.3202(a)).

(ii) The Student Career Experience Program (Schedule B

213.3202(b)).

(2) The appointment authority for each program is the same

regardless of the educational program being pursued. Students may be

appointed to these programs if they are pursuing any of the following

educational programs:

(i) High School Diploma or General Equivalency Diploma (GED);

(ii) Vocational/Technical Certificate;

(iii) Associate Degree;

(iv) Baccalaureate Degree;

(v) Graduate Degree;

(vi) Professional Degree.

(3) Student participants in the Harry S. Truman Foundation

Scholarship Program under the provision of Public Law 93-842 are

eligible for appointments under the student career experience program,

Schedule B, 213.3202(b).

(b) Requirements for Both Components of the Student Educational

Employment Program:

(1) Definition of student: The definition of student is an

individual who is enrolled or accepted for enrollment as a degree

(diploma, certificate, etc.) seeking student and is taking at least a

half-time academic/vocational/ or technical course load in an

accredited high school, technical or vocational school, 2 year or 4

year college or university, graduate or professional school. The

definition of half-time is the definition provided by the school in

which the student is enrolled. An individual who needs to complete less

than the equivalent of half an academic/vocational or technical

courseload in the class enrollment period immediately prior to

graduating is still considered a student for purposes of this program.

(2) Schedules: Both components of the Student Educational

Employment Program are year-round programs and appointments may be made

at any time during the year, including summer. Students may work full-

time or part-time schedules. There are no limitations on the number of

hours a student can work per week, but the student's work schedule

should not interfere with the student's academic schedule.

(3) Breaks in program: It is expected that students accepted into

the Student Educational Employment Program will at all times either be

working at the agency, enrolled in classes or both. However, agencies

may use their discretion in either approving or denying a break in

program. A break in program is defined as a period of time when a

program participant is neither attending classes nor working at the

agency. The best interests of the student and the agency must be

balanced in making these decisions.

(4) Employment of minors: Participation in this program must be in

conformance with Federal, State, or local laws and standards governing

the employment of minors.

(5) Citizenship requirements: Agencies may appoint non-citizens to

the Student Temporary Employment Program or to the Student Career

Experience Program provided that:

(i) The student is lawfully admitted to the United States as a

permanent resident or otherwise authorized to be employed;

(ii) The agency is authorized to pay aliens under the annual

appropriations act ban and any agency specific enabling and

appropriation statutes.

(iii) All students in the Student Career Experience Program must be

U.S. citizens at the time they are non competitively converted to a

career conditional appointment.

(6) Employment of relatives: In accordance with 5 CFR part 310, a

student may work in the same agency with a relative when there is no

direct reporting relationship and the relative is not in a position to

influence or control the student's appointment, employment, promotion

or advancement within the agency.

(7) Financial need: There is no requirement for students to meet

any specific economic/income criteria to be eligible for either

component of the Student Educational Employment Program. However,

agencies have the option to establish and use financial need as a

criteria to select students for either or both components of the

Program, if they wish. OPM will no longer develop or distribute annual

economic guidelines for use in determining financial need. An agency

wishing to continue use of the Department of Health and Human Services

poverty guidelines may call the Department of Health and Human

Services, Office of the Assistant Secretary for Planning and Evaluation

on (202) 690-6141.

(8) Training expenses: Agencies may use their training authority in

5 U.S.C. Chapter 41 and 5 CFR part 410 to pay all or part of the

students training expenses.

(9) Student volunteers: Student volunteers are covered by title 5,

CFR, part 308, Volunteer Service, and may not be treated as employees

under this section.

(c) Student Temporary Employment Program:

(1) The Student Temporary Employment Program provides maximum

flexibility to both the student and the agency.

(2) Students are appointed in the excepted service under Schedule B

213.3202(a). This is the appointment authority regardless of the

academic program being pursued.

(3) 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. Agencies

may establish minimum academic requirements and on the job performance

requirements for continuation in the program. Students under this

appointment authority are excepted from the limitations under 5 CFR

213.104.

(4) The nature of the duties does not have to be related to the

student's academic/career goals.

(5) Students are not eligible for non-competitive conversion to a

career or career-conditional appointment under this authority.

(6) There is no mandatory requirement for students to document

financial need in order to be eligible for this program. Agencies may

set their own criteria if they wish.

(7) Classification: Classification of students appointed under this

program is based on the occupational series for which they are hired.

Grade level is to be set according to the criteria in the appropriate

GS or WG classification standard.

(8) Qualifications: Students under the Student Temporary Employment

Program may be evaluated either by agency developed standards or by the

OPM qualification requirements for the position to which appointed.

Students are eligible for promotions. Promotions should be documented

as a conversion to another excepted appointment, citing the same

authority as was used for the original appointment and maintaining the

original NTE date.

(9) Benefits: Students under this program:

(i) Are eligible for annual and sick leave.

(ii) Are generally ineligible for retirement coverage. Refer to 5

CFR 831.201 and 842.105.

(iii) For rules on health and life insurance coverage refer to 5

CFR 870.202, 890.102 and 890.502.

(10) Reductions-in-Force (RIF): Students in the Student Temporary

Employment Program are covered by the regulations in 5 CFR 351.502 for

purposes of RIF. Students, provided they have completed 1 year of

current continuous service are in excepted service Tenure Group III.

(11) Conversion to Student Career Experience Program: Students may

be noncompetitively converted to the Student Career Experience Program

whenever they meet the requirements of that program and the agency has

an appropriate position available.

(i) Work experience related to the student's academic program and

career goals, gained while under the Student Temporary Employment

Program, may be credited towards the 640 hour work experience necessary

for non-competitive conversion to a career conditional or career

appointment.

(ii) Conversions would not be subject to requirements of subparts C

and D of 5 CFR part 302.

(d) Student Career Experience Program:

(1) This program provides experience that is directly related to

the student's educational program and career goals. 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. The work experience with the agency MUST be related to

his/her academic/career goals.

(2) Appointment Authority: Students shall be appointed under

Schedule B 213.3202(b). This is the appointment authority regardless of

the academic program being pursued.

(i) Appointments to the Student Career Experience Program are

subject to all the requirements and conditions governing career or

career conditional employment, including investigation to establish an

appointees's qualifications and suitability.

(ii) Appointments of participants who have met all the requirements

of the program may be non-competitively converted to career or career

conditional appointments at any time within 120 days after satisfactory

completion of the requirements for his/her diploma/certificate/ or

degree.

(3) Program requirements for non-competitive conversion:

(i) Students appointed under Sec. 213.3202(b) may be non-

competitively converted to a career or career-conditional appointment

under Executive Order 12015 when students have:

(A) Completed within the preceding 120 days, at an accredited

school, course requirements conferring a diploma, certificate, or

degree;

(B) Completed at least 640 hours of career-related work (agencies

have the option of increasing this requirement for some or all of its

occupational fields), before completion of or concurrently with, the

course requirements;

(C) Been recommended by the employing agency in which the career-

related work was performed; and

(D) Met the qualification standards for the targeted position to

which the student is appointed.

(ii) Conversions must be to an occupation related to the student's

academic training and career related work experience.

(iii) The non-competitive conversion may be to a position within

the same agency or any other agency within the Federal Government.

(4) Agreement by all parties. The Student Career Experience Program

is a formally structured program and requires a written agreement by

all parties (agency, school, student) as to the:

(i) Nature of work assignments

(ii) Schedule of work assignments and class attendance

(iii) Evaluation procedures

(iv) Requirements for continuation and successful completion of the

program.

(5) Schedule: Agencies, participating educational institutions, and

students should agree on a formally-arranged schedule of school and

work to ensure that:

(i) Work responsibilities do not interfere with academic

performance;

(ii) Completion of the educational program (awarding of diploma/

certificate/degree) and completion of the Student Career Experience

Program are accomplished in a reasonable and appropriate timeframe;

(iii) The agency is informed and prepared for the students' periods

of employment; and

(iv) Requirements for non-competitive conversion to career

conditional employment are understood by all parties.

(6) Financial need: There is no requirement for students to meet

any economic or income criteria to be eligible for this program.

However, agencies may establish their own criteria if they wish.

(7) Classification: Students appointed under this component will be

classified as student trainees, to the -99 series of the appropriate

occupational group.

(8) Qualifications: Students may be evaluated by either agency

developed standards or by the OPM qualifications requirements for the

target position. Any OPM test requirements are waived. Students are

eligible for promotion.

(9) Benefits: Students appointed under this program:

(i) Earn annual and sick leave.

(ii) With no prior service or with less than 5 years of prior

civilian service, are generally covered by the Federal Employees

Retirement System (FERS). Refer to 5 CFR part 842.

(iii) For life insurance and health benefits coverage refer to 5

CFR 870.202 and 890.102.

(10) Tuition assistance: Agencies may use their training authority

in 5 U.S.C. Chapter 41 and 5 CFR part 410 to pay all or part of the

students training expenses.

(11) Travel and transportation: Agencies may pay for other expenses

directly related to training, such as travel and transportation between

duty station and school, for participants in the Student Career

Experience component only.

(12) Reduction-in-force: Students in the Student Career Experience

Program are in excepted service Tenure Group II for purposes of 5 CFR

351.502.

(i) They are accorded the same retention rights as excepted service

employees.

(ii) They may qualify for severance pay if involuntarily separated

under 5 CFR part 550, subpart G.

PART 338--QUALIFICATIONS REQUIREMENTS (GENERAL)

1. The authority citation for part 338 continues to read as

follows:

Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958

Comp., p. 218.

Sec. 338.202 [Amended]

In Sec. 338.202 of subpart B, paragraph (a) is removed and

reserved.

[FR Doc. 94-30887 Filed 12-15-94; 8:45 am]

BILLING CODE 6325-01-M