Box 9, Folder 7, Document 9

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Document Number 5A

Federal Regulations
Pertaining To The
College Work-Study Program

Analysis and Finding List

Document Number 5A: 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 pre-
pared 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


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 Consid-
erations (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.

The College Work-Study Program was established under the pro-
visions of the Economic Opportunity Act of 1964 and was subsequently in-
corporated 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, operate under legally
binding regulations. The guidelines for the administration of CWSP, codi-

fied in the 1968 College Work-Study Program Manual, are only interpre-

tations of the legislative mandate, and not, in accordance with the Federal

Administrative Procedure Act, legally enforceable. However, since each

institution is required by statute to enter into a formal agreement with
the Office of Education, for the administration of its CWSP program, the
effects of this lack of "legal'' regulations has been largely obviated.

As the utilization of CWSP became more extensive, and the uses
themselves more sophisticated, the need for a concise set of formal regu-
lations became apparent. The new Regulations not only complete the legal
base for the administration of CWSP programs, but also provide for seve-

ral substantive changes, additions and clarifications.

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 ''worthwhile 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. '' (Seotion175. 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
(Section 175.14 (c) ).

The new Regulations define in detail what is meant by an "area
vocational school and establish student eligibility requirements'' (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
limitations are provided for the full-time employment of students during
‘non-regular periods of enrollment" (e.g. summer school; Sections
175.2 (q), 175.2 (2) and 175.6(b) }.

Work performed for the institution itself is now required, under
the new Regulations, to ''result in an expansion or broadening of the in-
stitution's student employment programs'' (Section 175.4 (b) ). This is
considerably stronger than the previous ''maintenance of effort'' require-
ment. The nature of off-campus work is also more clearly defined, in-

cluding a concise definition (and proscription) of "political involvement "

(Sections 175.4 (c) and 175.4 (d) ).

The new Regulations set forth the minimum permissible rates
of pay for participating students and impose as an upper limit such hourly
rate as the Commissioner of Education establishes (Section 175. 8 (b)
and 175. 9).

The right of 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 respon-
sible 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 muni-
cipality (or other agency administering the Urban Corps) serves as pay-
master 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

the comparable provisions of the 1968 CWSP Manual.

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 comparable provision in the CWSP Manual. Numbers
refer to Regulation and Manual sections.

Regs. Manual Regs. Manual
sVSees wanue. BVees.: avenue:

AT Slee n aes «tins et 102% L7Se5to aye eee 302
(b) oats... é |

175.2. ct eeu avd eee 101

MiSs 3

175.4 -

(Dy Feito ications 606

(cy Pron ierseeteneren <i #

(Re ter ede cteve eerste 103

(e) ace steve Pe ae 511 (B)
(Biter ciate ce teatnce 201 (A)
(Bi): 70 esters where 401 (C)
Cn) iar sp aPel ate terete 203 (B)

GD) cea Laie. 302 (C), 303, 304

(Ga pistayet sree srots ete 302 (C)
(le) ya adetecstenene - 302 (B)
CL) ers ae Si Ae ees 201 (A)
Cray ceseeteys heen the 201 (C)
(Ti) aiSescoess Ss aopaens 307, 308
(O)i srcvstersvate eres 302 (D)

(P) eee eee ee eeee 305 (B)-(E)*

QED) so Siete: ade Be sk #

(D) 5A Bae 3:5 sath #

(8) xvas copra 517 (A)
EN 3 4.ah, adeiciene 9 518 (B)
(a) cae eae kee ah n/c

(Bie seria eaves > 203
(DD) anh Oso eee he as 203
(Gy b aS ail clots, sie ore 705

Bens fick lvgsssv eth aia = 102

(3) 42)) es ie 519 (A)
(44) ise sande 519 (C)
(2) x 3 as 519 (D)
CUI is Fs aye 519 (B)

(BD) g2 74.3 ¢ aoe 3% 602*
(ePtl), a hawss 0% 517 (B)*

TA a a: 1908 Gt 517 (C), 517 (D)

fa). wa pbatteds 519 (D)
a nee 519 (D)
Ca) 695 520% 45 517 (B)*

(cy eee .e 8 401-407
(A)ericccrete 306
(eo) rig cre 311
(Lj eee 401 (D)

(a) ae sey ee 509

(Dyess oe 510*
(Ee) Er ene ent 510

(a) Se deve 603, 606
(BD) ieee 708

(a) nas eis 603*

(B)e. Gert ee 503, 710, 507%
» Da bier CRE eter oes 505
dO" a Aa eee 604
SLL Tey tcereaeeatetes 602
+12 Rt. bere 104 (D)

od3 (8) ca dete 202

(b) ncaa. 201 (D)

eo oe eee 202 (B)*

£35 78) 2.23348 702

(BD). adh dean 704, 705
(G) oo o8iy eas n/c

(a) i248 801

(aye a sat
(3) 53 717

Ce) och cA 801 et. seq.
(€), cos evs4 901 et. seq.

Ta spite om RRM ack n/e

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