[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30887]
Federal Register / Vol. 59, No. 241 / Friday, December 16, 1994 /
[[Page Unknown]]
[Federal Register: December 16, 1994]
VOL. 59, NO. 241
Friday, December 16, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 213 and 338
RIN 3206-AG00
Student Educational Employment Program
AGENCY: Office of Personnel Management.
ACTION: Final regulations.
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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
