Box 9, Folder 6, Document 25

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Box 9, Folder 6, Document 25

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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

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