[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11540]
[[Page Unknown]]
[Federal Register: May 13, 1994]
VOL. 59, NO. 92
Friday, May 13, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 213
RIN 3206-AG00
Student Educational Employment Program
AGENCY: Office of Personnel Management.
ACTION: Notice of proposed rulemaking.
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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]
BILLING CODE 6325-01-M
