AwardYear: 1995-1996 EnterChapterNo: 7 EnterChapterTitle: Federal Work-Study Program SectionNumber: 4 SectionTitle: Types of Employment PageNumbers: 19-30 As stated earlier, FWS jobs may be on or off campus. Off-campus jobs must be in the public interest if the work is for a federal, state, or local public agency, or for a private nonprofit organization. However, a school may use part of its FWS allocation to provide jobs in private, for-profit organizations. All FWS jobs must, to the maximum extent practicable, complement and reinforce the student recipient's educational program or vocational goals. COMMUNITY SERVICE JOBS Schools are required to make students aware of community service opportunities by encouraging them to get involved in community service activities and are required to utilize money from their FWS Program for that purpose. There is no restriction as to whether these jobs must be on or off the campus. (A university or college is not considered a "community" for the purposes of the FWS Program community service requirements.) In determining whether the service is community service, the school must always consider whether the service provided by the FWS student primarily benefits the community as opposed to the agency or school. [["Dear Colleague" letter CB-94-4, March 1994]] ED issued "Dear Colleague" letter CB-94-4 in March 1994, which discusses the major FWS Program changes for community service activities provided for in the Higher Education Act of 1965, as amended by the Higher Education Amendments of 1992 and the Higher Education Technical Amendments of 1993. The new provisions are included in Section 675.2 of the Final Rule published in the FEDERAL REGISTER on November 30, 1994, discussed below, and are effective October 1, 1992, except as noted. For 1994-95 and subsequent award years, a school must use at least 5 percent of its FWS allocation to employ students in community service jobs unless the school receives a waiver from ED (see Section 675.18(h) of the Final Rule). A school may request in writing a waiver of this requirement. However, ED will approve a waiver only if it determines that the school has demonstrated that enforcing the requirement would cause a hardship for students at the school. The participation agreement between the school and ED (discussed in the Introduction to Chapter Five) is amended in Section 675.8 of the Final Rule of November 30, 1994 for the FWS Program by adding the provisions that a school-- - must assure that employment under the program may be used to support programs providing supportive services to students with disabilities and - must inform all eligible students of the opportunity to perform community services and consult with local nonprofit, overnmental, and community-based organizations to identify those portunities. [[Definition of community services]] The Final Rule defines community services in Section 675.2(b) as-- "Services which are identified by an institution of higher education through formal or informal consultation with local nonprofit, governmental, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs. These services include: (1) Such fields as health care, child care, literacy training, education (including tutorial services), welfare, social services, transportation, housing and neighborhood improvement, public safety, crime prevention, and control, recreation, rural development, and community improvement; (2) Work in service opportunities or youth corps as defined in section 101[*1*] of the National and Community Service Act of 1990, and service in the agencies, institutions and activities designated in section 124(a) [*1*] of that Act; (3) Support to students (other than an institution's own students) with disabilities; and (4) Activities in which a student serves as a mentor for such purposes as: (i) Tutoring; (ii) Supporting educational and recreational activities; and (iii) Counseling, including career counseling." [[Priority on community service to low-income individuals]] In contacting potential community service agencies, schools should place a priority on jobs that will meet the human, educational, environmental, and public safety needs of low-income individuals. ED has determined that at this time there is no need to burden schools with a formal definition of "low-income individual" for purposes of providing community service under the FWS Program. There is no statutory requirement that a particular number or proportion of the individuals must be low-income persons. Some examples of jobs that provide services to persons in the community who may NOT necessarily be low-income individuals are jobs that provide support services to students with disabilities or prevent or control crime. [[On-campus community service jobs]] On-campus jobs can meet the definition of community services, provided that the services are open and accessible to the community and that they meet the regulatory and statutory provisions pertaining to the applicable FWS Program employment limitations and conditions. For example, it would be acceptable for an institution to set up services on the campus (e.g., tutoring centers or child care centers) that are open to the community. If the institution sets up sites in the community and opens the services for the community, jobs at these sites would be acceptable. A service is considered open to the community if the service is publicized to the community and members of the community use the service. ESTABLISHING FWS COMMUNITY SERVICE JOBS [[Developing community service jobs]] In developing FWS community service jobs, a school might begin by-- - determining which types of jobs meet the community services definition; - determining if any of its current on-campus jobs meet the community services definition; - determining if any of its current jobs with off-campus agencies meet the community services definition; and - locating other potential employers. [[Placing FWS recipients in community service jobs]] To place FWS recipients in community service jobs, a school might begin by-- - determining which FWS recipients would be interested in a community service job (evaluating the FWS recipients by looking at their degree or certificate programs, interests, and skills) and - determining the number of community service jobs it needs to locate. [[Public relations]] To promote FWS community service jobs through public relations activities, schools might begin by-- - devising a plan to market community services under the FWS program to eligible student employers and the community; - obtaining a listing of potential community service agencies; - asking to be a presenter at various organizations meetings; - engaging in networking activities; - holding and attending job fairs; - hosting a financial aid office "Open House;" and visiting local agencies. [[Communication]] A school may also get help in developing FWS community service jobs through communication with colleagues at their own school, at other schools, or with other organizations, for example by-- - communicating to the Student Placement Office the requirements of community services under the FWS Program; - talking to colleagues at institutions that participated in the expired Community Service Learning Program to get ideas on implementing, locating, and developing the community service jobs; and - contacting local nonprofit, governmental, and community-based organizations to assess their needs and determine what interest exists for employing FWS students. WORK ON CAMPUS Students may be employed on campus at any type of postsecondary institution, including a proprietary school. Jobs at all schools must, to the maximum extent practical, be related to the student's educational program or vocational goals. [[Work for the school itself or the school's contractors]] A school other than a proprietary school may employ a student to work for the school itself, INCLUDING certain services the school may contract for: food service, cleaning, maintenance, or security. Work for the school's contractors is acceptable as long as the contract specifies the number of students to be employed and specifies that the school selects the students and determines their pay rates. A proprietary school also may employ a student to work for the school itself with certain restrictions below under "Work for Proprietary School, On or Off Campus"). [[Work for a professor]] At any PRIVATE NONPROFIT OR PUBLIC SCHOOL, FWS students may be assigned to assist a professor if they are doing work the school would normally support under its own employment program. Having a student serve as a research assistant to a professor is appropriate, as long as the work is in line with the professor's official duties and is considered work for the school itself. However, in a PROPRIETARY SCHOOL, a student may not assist an instructor, as instructional activities are not considered student services (work for a proprietary school is discussed below). [[Work in a branch campus overseas]] Normally, employment in a foreign country is not permissible under the law. However, a school with a branch campus in a foreign country may employ students under FWS if the branch has its own facilities, administrative staff, and faculty. Students may also be employed by a U.S. Government facility such as an embassy or a military base. A student may not be employed for a nonprofit organization in a foreign country. WORK FOR PROPRIETARY SCHOOL, ON OR OFF CAMPUS [[Final Rule 11-30-94]] A proprietary school may employ a student to work for the school itself but only in jobs that meet certain criteria (see "Dear Colleague" letter CB-94-4, issued in March 1994, and Section 675.21(b) of the November 30, 1994 Final Rule). (1) If the jobs are in community service, they may be either on or off campus. Students employed by a proprietary school and performing community service do not have to furnish student services that are directly related to their education. (2) If the jobs are NOT in community service, they must be on campus and must-- - provide "student services" (see the examples on the next page); - complement the student's educational program or vocational goals to the maximum extent possible; and not involve soliciting potential students to enroll at the proprietary school. [[Definition of student services]] The regulations published in the Federal Register on December 21, 1992 define "student services" in Section 675.2(b) as services that are offered to students that are directly related to the work-study student's training or education. For example, jobs that provide student services may include, but are not limited to, jobs in a financial aid office or library, peer guidance counseling, and jobs providing social and health services or tutorial services. However, work in the admissions or recruitment area of a school would not be acceptable, as this employment could involve soliciting potential students. Maintenance (cleaning dorms) would not be acceptable. In general, work that would primarily benefit the school rather than its students is not permissible. For example, a student could not work in the front reception area or in the business office of a school, as those jobs would not provide student services. As stated earlier, a student may not assist an instructor, as instructional activities are not considered student services. WORK OFF CAMPUS FOR NONPROFIT OR GOVERNMENT AGENCY [[Work must be in the public interest]] If a student is employed off campus by a federal, state, or local public agency, or by a private nonprofit organization, providing jobs related to the student's academic or vocational goals is encouraged, but not required. However, the work performed MUST BE IN THE PUBLIC INTEREST. Work in the public interest is performed for the national or community welfare, rather than for a particular interest or group. [[Local public agencies]] Local public agencies include city or county governmental offices, public schools, community-owned hospitals, public libraries, and community centers. [[Private nonprofit organizations]] A private nonprofit organization is one in which no part of the net earnings of an agency may benefit any private shareholder or individual. An organization must be incorporated as nonprofit under federal or state law. A school classified as a tax-exempt organization by either the federal or state Internal Revenue Service meets this requirement. Examples of private nonprofit organizations generally include hospitals, day care centers, halfway houses, crisis centers, and summer camps. [[Final Rule 11-30-94]] Nonprofit agencies do not all qualify automatically as community service employers for purposes of the FWS Program, because the work performed must meet the definition of community services in Section 675.2(b) of the November 30, 1994 Final Rule (see page 7-18). A list of programs or activities that are recognized as appropriate work in community services under the FWS Program is included at the end of this section. In addition, work off campus for a nonprofit agency must be in the public interest. [[Work not in the public interest]] Work is not "in the public interest" if-- - it primarily benefits the members of an organization that has membership limits, such as a credit union, a fraternal or religious order, or a cooperative; - it involves any partisan or nonpartisan political activity or is associated with a faction in an election for public or party office; - it is work for an elected official unless the official is responsible for the REGULAR administration of federal, state, or local government; - it is work as a political aide for any elected official; - a student's political support or party affiliation is taken into account in hiring him or her; or - it involves lobbying on the federal, state, or local level. [[Nature of work considered]] However, in deciding whether work is in the public interest, schools must consider the nature of the work as well as the organization. For example, a student may be employed by a private nonprofit civic club if the student's work is for the club's community drive to aid handicapped children. If the student's work is confined to the internal interests of the club, such as a campaign for membership, the work would benefit a particular group and would not be in the public interest. As another example, a student may work for a private nonprofit membership organization, such as a golf club or swimming pool, if the general public may use the organization's facilities on the same basis as its members. If only members may use the facilities, FWS employment is not in the public interest. [[Political activity--partisan or nonpartisan]] Political activity, whether partisan or nonpartisan, does not qualify as work in the public interest. For example, students could not work at voting polls--even if they only checked off the names of those who came to vote and did not pass out flyers supporting a particular candidate. Also, students could not work to support an independent candidate. Another example of nonpartisan political activity would be work for a city that might be sponsoring political debates. [[Political aide]] Working for an elected official as a political aide also does not qualify as work in the public interest. For example, a student could not represent a member of Congress on a committee. However, a student could be assigned to the staff of a standing committee of a legislative body or could work on a special committee, as long as the student would be selected on a nonpartisan basis and the work performed would be nonpartisan. [[Work for elected official]] Under certain circumstances, work for an elected official responsible for the REGULAR ADMINSITRATION of federal, state, or local government may be considered to be in the public interest. "Regular administration" means the official is directly responsible for administering a particular function. Such a person would not create, abolish, or fund any programs, but would run them. Working for a sheriff would be acceptable, as would working for an elected judge (he or she has direct responsibility for the judicial system). As stated above, any POLITICAL activity would not be acceptable--raising funds for the official's reelection, for example. An FWS position that involves lobbying at the federal, state, or local level is not work in the public interest. [[Work for ED]] FWS students are prohibited from working for the U.S. Department of Education due to the potential appearance of conflict of interest. WORK OFF CAMPUS FOR PRIVATE FOR-PROFIT COMPANIES [[Job must be academically relevant]] Schools also may enter into agreements with private for-profit companies to provide off-campus jobs for students; however, these jobs must be academically relevant to the student's program of study. (A student studying for a Business Administration degree could work in a bank handling customer transactions, for example.) Private for-profit organizations do not qualify as employers for community service under the FWS Program. [[Up to 25% of FWS allocation]] A school may use up to 25 percent of its FWS allocation and reallocation for an award year to pay the wages of FWS students employed by private for-profit organizations, but the organizations may not hire FWS employees to replace regular employees. [[For-profit organization pays 50% of wages]] The federal share of FWS wages for students employed by private for-profit organizations is limited to 50 percent. The for-profit organization must contribute the remaining 50 percent, plus employer taxes (such as FICA, unemployment, and Workers' Compensation). OFF-CAMPUS AGREEMENTS [[Professional direction and staff]] When a school enters into a written agreement--a contract--with any off-campus agency or company that employs FWS students, the school must make sure the organization is a reliable agency with professional direction and staff, and that the work to be performed is adequately supervised and consistent with the purpose of the FWS Program. (See Appendix B of the December 1, 1987 campus-based regulations for a model off-campus agreement. The sample need not be followed exactly but serves as a guide.) [[Who is employer?]] The agreement sets forth the FWS work conditions and establishes whether the school or the agency/company will be the employer for such purposes as hiring and firing, or paying the non-federal share of the student's wages or the student's Social Security or Workers' Compensation benefits. The employer is generally considered to be the organization that will control the work of the FWS students--supervising them at the work site, regulating their hours of work, and generally ensuring that they perform their duties properly. However, the school is ultimately responsible for making sure payment for work performed is properly documented, and that each student's work is properly supervised. [[Liability for on-the-job injuries]] The agreement must also state which organization--the school or off-campus employer-- will be responsible for any injuries the student receives on the job. The EMPLOYER is NOT automatically liable. Federal FWS funds cannot be used to pay an injured student's hospital expenses. [[Payroll responsibility]] The agreement should also define whether the agency/company will assume payroll responsibility and bill the school for the federal share of the students' wages, or whether the school will pay the students and bill the agency/company for its contribution. The school must make up any payments the agency/company does not make. It is the school's responsibility to ensure that FWS payments are properly documented, even if the agency/company does the payroll. To fulfill that responsibility, the school must keep copies of time sheets and payroll vouchers and keep evidence that the students were actually paid (usually a copy of the cancelled check or a receipt signed by the student). [[Supervising and evaluating off-campus employment]] The school is also responsible for ensuring that each student's work is properly supervised. School officials should periodically visit each organization with which they have an off-campus agreement to determine whether students are doing appropriate work and whether the terms of the agreement are being fulfilled. In determining whether to continue an off-campus agreement, many schools have found it helpful to require that students submit a formal evaluation of their work experience at the end of the assignment. The school can also use the evaluation to help off-campus agencies improve their work programs. Staff members of the off-campus organization must become acquainted with a school's financial aid and student employment programs to better understand the school's educational objectives. The school is responsible for supplying this information. FWS EMPLOYMENT DURING PERIOD OF NONENROLLMENT [[Student must enroll or reenroll for next regular session]] A student may be employed under FWS during a period of non-enrollment, such as a summer or equivalent vacation period or the full-time work period of a cooperative education program. To be eligible for this employment, a student must be planning to enroll (or to reenroll) for the next regular session. The student's earnings during this period of nonenrollment (earnings minus taxes and job-related costs) must be used to pay his or her cost of attendance for the next period of enrollment. [[Documenting student's intent to reenroll]] A student whose eligibility for summer FWS employment was based on anticipated enrollment in the subsequent term may fail to register or may decide to attend another school. When a student fails to register for the subsequent term, the school that employed the student must be able to demonstrate that the student was eligible for employment and that the school had reason to believe the student intended to study at that school in the next term. At a minimum, the school that employed the student must keep a written record in its files showing that the student had accepted the school's offer of admittance in the upcoming session. [[Study abroad]] Students in an eligible program of study abroad may be employed during the summer preceding their study abroad if they will be continuously enrolled in their American school while abroad, and if their study is part of the American school's own program. In such cases, students may be employed in qualified positions in the U.S., at the American school's branch campus located in a foreign country, at a U.S. Government facility abroad, or in an American company abroad. TERMS USED IN THE DEFINITION OF COMMUNITY SERVICES The definition of community services (see page 7-18) includes the terms "service opportunity" and "youth corps program." Section 101 of the National and Community Service Act of 1990 defines the terms as follows: - Service opportunity - "a program or project, including service learning programs or projects, that enables students or out-of-school youth to perform meaningful and constructive service in agencies, institutions, and situations where the application of human talent and dedication may help to meet human, educational, linguistic, and environmental community needs, especially those relating to poverty." - Youth corps program - "a program, such as a conservation corps or youth service program, that offers full-time, productive work (to be financed through stipends) with visible community benefits in a natural resource or human service setting and that gives participants a mix of work experience, basic and life skills, education, training, and support services." LIST OF AGENCIES, INSTITUTIONS, AND ACTIVITIES INCLUDED IN THE DEFINITION OF COMMUNITY SERVICES The definition of "community services" includes "service in agencies, institutions, and activities that are designated in section 124(a) of the National and Community Service Act of 1990," which include the following 1. Conservation corps programs that focus on-- - conservation, rehabilitation, and the improvement of wildlife habitat, rangelands, parks, and recreation areas; - urban and rural revitalization, historical and site preservation, and reforestation of both urban and rural areas; - fish culture, wildlife habitat maintenance and improvement, and other fishery assistance; - road and trail maintenance and improvement; - erosion, flood, drought, and storm damage assistance and controls; - stream, lake, waterfront harbor, and port improvement; - wetlands protection and pollution control; - insect, disease, rodent, and fire prevention and control; - the improvement of abandoned railroad beds and rights-of- way; - energy conservation projects, renewable resource enhancement, and recovery of biomass; - reclamation and improvement of strip-mined land; - forestry, nursery, and cultural operations; and - making public facilities accessible to individuals with disabilities. 2. Human services corps programs that include participant service in-- - state, local, and regional governmental agencies; - nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, child and adult day care centers, programs serving individuals with disabilities, and schools; - law enforcement agencies, and penal and probation systems; - private nonprofit organizations that primarily focus on social service such as community action agencies; - activities that focus on the rehabilitation or improvement of public facilities, neighborhood improvements, literacy training that benefits educationally disadvantaged individuals, weatherization of and basic repairs to low-income housing including housing occupied by older adults, energy conservation (including solar energy techniques), removal of architectural barriers to access by individuals with disabilities to public facilities, activities that focus on drug and alcohol abuse education, prevention and treatment, and conservation, maintenance, or restoration of natural resources on publicly held lands; and - any other nonpartisan civic activities and services that the Commission determines to be of a substantial social benefit in meeting unmet human, educational, or environmental needs (particularly needs related to poverty) or in the community where volunteer service is to be performed; or 3. Programs that encompass the focuses and services described in both paragraphs (1) and (2). *1* At the end of Section Four are definitions of the terms "service opportunity" and "youth corps program" as defined in section 101 of the National and Community Serice Act of 1990. Also at the end of Section Four is a list of agencies, institution, and activities included in section 124(a) of that Act. |