[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.

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

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