Under section 1331 of the Homeland Security Act of 2002 (Pub. L. 107–296), codified in 5 U.S.C. 4107, agencies have the authority to select and assign employees to academic degree training and to pay or reimburse all or part of the costs of academic degree training from appropriated or other available funds (if such training:
(1) contributes significantly to—
(A) meeting an identified agency training need;
(B) resolving an identified agency staffing problem; or
(C) accomplishing goals in the strategic plan of the agency;
(2) is part of a planned, systemic, and coordinated agency employee development program linked to accomplishing the strategic goals of the agency; and
(3) is accredited and is provided by a college or university that is accredited by a nationally recognized body (5 U.S.C. 4107 (a)).
In exercising this authority, agencies shall:
(1) consistent with the merit system principles set forth in paragraphs (2) and (7) of section 2301 (b), take into consideration the need to—
(A) maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service; and
(B) provide employees effective education and training to improve organizational and individual performance;
(2) assure that the training is not for the sole purpose of providing an employee an opportunity to obtain an academic degree or qualify for appointment to a particular position for which the academic degree is a basic requirement;
(3) assure that no authority under this subsection is exercised on behalf of any employee occupying or seeking to qualify for—
(A) a noncareer appointment in the senior Executive Service; or
(B) appointment to any position that is excepted from the competitive service because of its confidential policy-determining, policy-making or policy-advocating character (5 U.S.C. 4107(b)).
OPM recommends agencies identify mission-critical occupation and competency needs before determining the programs the agency will support in its academic degree training program.
OPM also recommends that agencies establish written policies regarding academic degree training programs. These policies could include the following:
- Eligibility
- Selection and assignment procedures
- Expenses covered
- Adjustment of work schedules
- Continued service agreement (CSA) obligation
- Probation and termination
- Record-keeping and reporting
Eligibility to Participate in Academic Degree Training
Any employee as defined in 5 U.S.C. 4101(2) is eligible to participate. Employees ineligible to participate are those who occupy or seek to qualify for an appointment to any position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating nature (i.e., Schedule C appointments—political appointees), or a noncareer appointment in the Senior Executive Service (5 U.S.C. 4107(b)(3)).
Selection and assignment to academic degree training must follow merit promotion requirements (5 CFR 335.103(b)(3)) and competitive procedures (5 CFR 335.103(c)(1)(iii) and 5 CFR part 300 subpart A). The selection and assignment must be accomplished to meet one or more of the criteria identified in 5 U.S.C. 4107(a). Therefore, an agency may competitively select and assign an employee to an academic degree training program that qualifies the employee for promotion to a higher graded position or to a position that requires an academic degree (5 CFR 410.308(c)).
Academic Degree Expenses
Agencies may pay or reimburse all or part of the expenses of an employee’s academic degree training (5 U.S.C. 4109(a)(2)). These expenses include course tuition, books, materials, lab fees, and other fees associated with the program. 5 U.S.C. 4109(a)(2) does not require agencies to pay for an entire academic degree program. For example, agencies can decide to pay for the college courses specific to an employee’s major but not pay for general requirement courses (e.g., courses required to graduate, but not specific to the major).
All training, including academic degree training courses, must be reported under 5 CFR 410.601, and OPM recommends the use of an SF-182 for the approval and reporting of training. To learn more about the SF-182, please refer to the SF-182 section in this Index and the Guide for Collection and Management of Training Information.
Probation and Termination
OPM recommends agencies establish policies for probation and termination from academic degree programs. Here is one example of a probation and termination policy:
Agency X requires all employees participating in the academic degree program to maintain a grade point average (GPA) of 3.0 or better. If an employee does not maintain a 3.0 GPA for two continuous semesters, Agency X puts the employee on probation for one semester. The employee must recover to at least a 3.0 GPA at the end of the semester. If the employee does not receive at least a 3.0 GPA, the employee will be terminated from the agency academic degree program.
OPM advises agencies to also establish policies granting a temporary leave of absence from academic degree programs to employees who are unable to participate in the program due to extenuating circumstances. For example, if the employee suffers from a recent death in the family and cannot take or complete the courses for that semester, the agency may grant a temporary leave of absence from the program for that semester.
Record Keeping and Reporting
Agencies must assess and maintain records on the effectiveness of academic degree training assignments (5 CFR 410.308 (d)). Agencies must also maintain and submit to OPM’s Governmentwide Electronic Data Collection System records of training plans, expenditures, and activities (5 CFR 410.601 (a). This includes all courses included in approved academic degree training programs. To learn more about collection and management of training data, click on the Guide for Collection and Management of Training Information.
Accredited Institutions
Colleges and universities participating in an academic degree training program must be accredited by a nationally recognized body (5 CFR 410.308(b)). The U.S. Department of Education maintains a database of accredited postsecondary institutions and programs. To find out which institutions are accredited, click on http://ope.ed.gov/accreditation/. To the greatest extent practicable, agencies should facilitate the use of online degree training (5 U.S.C. 4107(b)(4)).
Continued Service Agreements
Agencies may determine whether to require an employee assigned to academic degree training to sign a continued service agreement (CSA), and this must be specified in the agency’s academic degree policy (5 CFR 410.309(b); see also 5 U.S.C. 4108). Agencies may require an employee who participates in training to continue to work in the Federal Government for at least three times the length of the training period (5 CFR 410.309(b)(2); see also 5 CFR 410.310). To learn more about CSAs, please see the CSA Fact Sheet.