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U.S. Office of Personnel ManagementStudent Educational Employment Program |
Title 5, Volume 1, Parts 1 to 699,
Revised as of January 1, 1997
CITE: 5 CFR 213.3202
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
PART 213--EXCEPTED SERVICE--Table of Contents
Subpart C--Excepted Schedules
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.
Page created 22 December 1997