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NATIONAL DEVELOPMENT O F FI C E Document Number -SA Federal Regulations Pertaining To The College Work-Study Program with Analysis a nd Finding List May, 1969 �Document Number 5 A: CWSP Regulations This is the fifth of a series of studies on the concept, development and operation of an Urban Corps student urban involvement program prepared by the Urban Corps National Development Office under a grant from the Ford Foundation. Additional copies of this report and further information concerning Urban Corps programs may be obtained by writing: Michael B. Goldstein Director Urban Corps National Development Office 250 Broadway New York, New York 10007 Telephone: (212) 964-5552 The reader is urged to use these regulations in conjunction with the College Work-Study Program Manual, published by the U.S. Office of Education, and the Urban Corps National Development Office report on Legal Considerations (Document No. 5). The CWSP Manual may be obtained from the College Work-Study Program Branch, Bureau of Higher Education, U.S. Office of Education, Washington, D. C. 20202. �l The College Work-Study Program was established under the provisions of the Economic Opportunity Act of 1964 and was subsequently incorporated into the Higher Education Act of 1965. These legislative en- actments provided the basic "skeleton" of CWSP; the Commissioner of Education was empowered to promulgate regulations governing the specific use of CWSP funds. Although draft CWSP regulations were developed and distributed as early as November of 1964, the College Work-Study Program did not, until the promulgation of the attached Regulations, ope rat~ under legally binding regulations. The guidelines for the administration of CWSP, codi- fied in the 1968 College Work-Study Program Manual, are only interpretations of the legislative mandate, and not, in accordance with the Fede ral Administrative Procedure Act, legally enforceable. However, since each institution is r e quired by statute to enter into a fo r m a l ag r e e ment wit h the Offic e of Education, for the a dmin i s t r ation of its CWS P p r ogram , the effect s o f this l a ck of "le ga l" r egulations has been lar g ely obvia ted. As t he utilization of CWSP b e c ame mo re ext e n s ive , and the uses themselves more sophisticat e d , the need for a concise set of formal regulations became apparent. The n e w Regulati ons n ot only complete the legal base for the administration of CWSP programs, but also provide for several substantive change s, additions and clarifications.- �2 Perhaps the most significant element of the new Regulations is the increased emphasis on the nature of the work-study assignment, and the involvement of participating students in 11worthwhile job opportunities for qualified students in employment for the institution itself or for public or private non-profit organizations, especially those engaged in health, education, welfare and related public service activities. 11 (Sectionl75. l(b)(4); emphasis added). One of the criteria for the approval of CWSP grants has now similarly been specifically keyed to public service activities (Sectionl75.14 (c) ). The n e w Regulations define in detail what is meant by an 11area vocational school and establish student eligibility requirements 11 (Section 175. 2 (c) and 175. 5 (b) ) . These institutions became eligible for parti- cipation in CWSP under the 1968 Higher Education Amendments. A 120- day annual limit is imposed on the duration of a cooperative education program for funding under CWSP (Section 175. 2 (p) ) and definitions and limita tion s a re provide d fo r the full- tim e e mployme n t of student s dur ing 11 n on-r egular periods of enrollment" (e. g . summer school ; S e ctions 175 . 2 (q ), 175. 2 (r) and 175. 6 (b) ). Work perfo rmed for t he institution its elf is now required, under the new Regulation s, to 11 resu lt i n an e x pansion or broadening of the in- stitution1s student employment programs 11 (Section 175.4 (b) ). This is considerably stronger than the previous 11maintenance of effort" requirement. The nature of off-campus work is also more clearly defined, in- cluding a concise definition (and proscription) of "political involvement 11 (Sections 175. 4 (c ) and 175. 4 (d) ). �3 The new Regulations set forth the minimum permissible rates of pay for participating stud·e nts and impose as an upper limit such hourly rate as the Commissioner of Education establishes (Section 175. 8 (b) and 175. 9). The right pf an institution to contract with an outside agency or organization to administer the ministerial functions of its CWSP program is recognized, with the explicit proviso that the institution remains responsible for the proper execution of the program, and that it may not , under any circumstances, delegate the authority to determine the eligibility of its students to receive CWSP assistance. (Section 175.16 (a) (2) ). This provision sanctions the usual Urban Corps arrangement, where the municipality (or other agency administering the Urban Corps) serves as paymaster and provides the requisite on-going supervision and control of the work performed. A copy of the new CWSP Regulations is included in this document. Also included is a finding list, cross-indexing the new Regulations with t he c ompara b l e provisions of the 1968 CWSP Manual. �4 Finding List This index cross-references the new CWSP Regulations with the 1968 CWSP Manual. An asterisk(*) denotes a substantive change enacted by the Regulations; a # indicates new material added by the Regulations, and n/c indicates no compa rable provision in the CWSP Manual. Numbers refer to Regulation and Manual s ections. Regs. Manual 175. 5 175.1 . . . . . . . . . . . . . . . . 102* 175. 2 Regs. (a) ..... , ...... 101 (b) ...... '...... 606 (c) . . . . . . . . . . . . # (d) . . . . . . . . . . . . 103 (e) .........•.. 511 (B} (f) . . . . . . . . . . . . 201 (A) (r) .. . . . ....... # (s) . . . .. . . . .... 517 (t) ... . .. . .. . .. 518 (a) (b) (c) (d) .. . .. . .. 302 ........ # . ........ 401-407 ........ 306 (e) ....• . .. 311 (f) . . . . . . . . 401 (D) 175. 6 (a) ........ 509 (b) ........ 510* (c) ......•. 510 17 5 . 7 (a) . . . . ·~ . . . 6 0 3 , 6 0 6 (b) ...•.. • . 708 175. 8 (a) .... . ... 603* (b) ....•... 503, 710, 507* (g) . . . . . . . . . . . . 401 (C) (h) . . . . . . . . . . . . 203 (B) (i) ..... . ...... 302 (C), 303, 304 (j) . . . . . . . . . . . · 302 (C) (k) . . . . . . . . . . . . 302 (B) (1) . . . . . . . . . . . . 201 (A) (m). . . . . . . . . . . . 201 (C) (n) ... . ... . .... 307, 308 (o) .... , . · . · · · · 302 (D) (p) · · · · · · · · · · · · 305 (B)-(E) =l~ (q) . .. . . . ...... # Manual 175.9 . . . . ........ 505 175.10 . . .. . .... .. 604 (A) (B) 175.11 ..... .... .. 6 0 2 (u) .. . . . . . .. . .. n/c 175 . 12 . ... . . . . ... 104 175 . 3 (D) (a) ... ..... . . .. 203 (b ) . . . . . . . . . . . . 203 (c ) . ....... . ... 7 05 175.4 ..... . . . . . . . · · · . 102 (a ) (1) (i) . . .. . .. 519 (A) (ii) . ..... 519 (C) (2 ) (i ) ...... 519 (D) (ii ) . .. .. . 51 9 (B) (b) . . .. .. . . .. .. 6 0 2* (c) (1) ... • . .• .• 517 (B) * (2 ) ..... . . . . 517 (C), 517 (D) (d ) (1) ...... . .. 519 (2) ... . . • . .. 519 ( 3 ) . . .. .. . . . 517 175 . 13 (a ) . . . . . . • • 2 0 2 (b) ........ 2 01 (D) 175 .14 . . .. . ... . ... 202 (B) * 17 5 . 15 (a) ........ 702 (b ) ... .• . . . 704 , 705 (c) .. . .. .. . n /c 175.16 (D) (a) (1) .. ... 801 (2) ..•.• # (3) ...•• 717 (D) (B) * (b) . . ...... 801 e t. se q . (c ) .... .. .. 901 et . seq . 175 . 17 . .... . ...... n/c �