[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.

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

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