Box 9, Folder 7, Document 9

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Box 9, Folder 7, Document 9

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ARAN NATIONAL DEVELOPMENT OFFICE

Document Number 5A

Federal Regulations
Pertaining To The
College Work-Study Program
with

Analysis and Finding List

May, 1969
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

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 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, sinve 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
DS fen SB. -205,- ca 102% 175650 law nae 302
(D) ioe es #
E752 sclajie Siew gues ete 2 101 (c)PeNe 5.8 8 401-407
(b) rie etnn Sete 606 (Ape ciece 306
(Clte Grange k # (e)i isnt care 311
CA) oe te ate a taseeis 103 (fie one 401 (D)
(e) ace ec teve de Pe aye 511 (B)
UE) ers as Lae 201 (A) Pi5n6, VA) Rese, os 509
(Gye. aiavteera ante 401 (C) (bho: sce 510*
Cy 85 arse ate toned 203 (B) (c)ee. heed 510
(Gh co ee tenance 302 (C), 303, 304
Gh Gore cootor 302 (C) LAS U7: 2a) reas tepede chawe 603, 606
(uptake tape 302 (B) (D) Py aiaycassts 708
(1) ies oe Si poeee eras 201 (A)
Cero ciel s chars tac 201 (C) 1758 2 (yaa 603%
(TD) haesceesss «eto 307, 308 CD) 5... Binks See 503, 710, 507%
(OG)! srctetersvatee eure 302 (D)
Qe) boo one Oe 305 (B)-(E)* 17.5.9) vey aleve. sient rears) ot 505
Cp avarieie soso iene #
(BY Se Bae a5 seat # U5 Of Ate teers © 604
(S)ivevds ccoerase 517 (A)
AG), 2.55 .ayep ane, ehereMe ope 518 (B) Se ei Seater 602
(wu) ee ee n/c
LTS ES We, Shearer 104 (D)
(5S Pa eee stereat caves > 203
(D) cab So esate as 203 175.43 ()., 4068. % 202
(C)insccsiescccus 705 (b) skuaawes 201 (D)
L75.4 -e reer creer eens 102 1b. 145 ce os A et 202 (B)*
(3) 42) (i). wens es 519 (A)
(4a) ie ernie 519 (C) 175215 1a). 23x 2 702
(2) (i) -..--- 519 (D) ID), aides 704, 705
(Hi) c sc san 519 (B) 6) Ge pleas n/c
(BD). g2 1403 ¥ aoe 602*
(c) (1)... se eeee 517 (B)* 175.16 (a)@) .:... 801
(Ce eS. 517 (C), 517 (D) eye cost
(a). G). oc ceded: 519 (D) Eee 717
(2) a ees el 519 (D) (2) sce Rae 801 et. seq.
(3) Ei poh es 517 (B)* Ke). koe e's 901 et. seq.

STS RE. x pte Gua ak n/e

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