Federal Work-Study Policy

The Federal Work-Study program provides jobs for students with financial need, allowing them to earn money to help pay for educational expenses. A student may be employed under the FWS program by Alaska Pacific University in the semester in which the student is currently enrolled. Students may arrange to be employed off-campus by a federal, state, or local public agencies, or certain private nonprofit or for-profit organizations. Off-campus FWS jobs must be in the public interest and be academically relevant to the maximum extent possible.

In assigning an FWS job, Alaska Pacific University will consider the student’s financial need, the number of hours per week the student can work, the period of employment, the anticipated wage rate, and the amount of other assistance available to the student. While there is no minimum or maximum award, the amount for each student should be determined based on these factors.

The amount of FWS award is calculated as part of the student’s overall financial aid award and therefore may reduce the student’s need for other funds. The total hours may not exceed 20 per week when classes are in session. A check is made payable to the student with APU’s payroll period (10^th & 25^th every month).

The program is administered by the Student Financial Services Office in conjunction with the Human Resources Office. Those positions accepted as FWS employment will be made available to all students eligible for federal work-study on a first come first serve basis as they are limited.

All applications, payroll, timekeeping procedures, and job assignments are handled through the specific supervisor or department for which a student works.

Alaska Pacific University will:

1. Make FWS jobs reasonably available to all eligible students through;
   • Community bulletin board
   • Website
   • Electronic announcement

Employment Condition and Limitations

FWS employment will be governed by employment conditions, including pay, that are appropriate and reasonable according to the type of work performed, the employee’s proficiency and any applicable federal, state, or local law.

Wages

A student’s need places a limit on the total FWS earnings permissible but has no bearing on his or her wage rate. If a student’s skill level depends on his or her academic advancement, Alaska Pacific University may pay a student on that basis. Students will be paid at least the federal or state minimum wage in effect at the time of employment, whichever is greater.

Students performing jobs comparable to those of other employees will be paid comparable wages, whether the other employees are students at different class levels or are regular employees.

General restrictions on employment

The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid employee. Any student employed under FWS must be paid for all hours worked.

FWS employment will not displace employees or impair existing service contracts. Also, if Alaska Pacific University has an employment agreement with an organization in the private sector, the organization’s employees must not be replaced with FWS students. Replacement is interpreted as displacement.

FWS positions will not involve constructing, operating, or maintaining any part of a building used for religious worship or sectarian instruction. In determining whether any FWS employment will violate this restriction, Alaska Pacific University will consider the purpose of the part of the facility in which the work will take place and the nature of the work to be performed and ensure that any work the student will perform meets general employment conditions and that other limitations are not violated.

Neither Alaska Pacific University nor an outside employer that has an agreement with Alaska Pacific University to hire FWS students may solicit, accept, or permit the soliciting of any fee, commission, contribution, or gift as a condition for a student’s FWS employment. However, a student may pay union dues to an employer if they are a condition of employment and if the employer’s non-FWS employees must also pay dues.

Federal share may not be used to provide fringe benefits

The federal share will not be used to provide fringe benefits such as sick leave, vacation pay, or holiday pay, or employer’s contributions to Social Security, workers’ compensation, retirement, or any other welfare or insurance program.

Periods of nonattendance

A student may be employed by APU during a period of nonattendance, such as a summer term, or an unattended fall or spring semester. This time of employment will not be considered FWS.

Community Service Jobs

7% of APU’s FWS allocation to employ students will be in community service jobs. Community Service jobs can be either on-campus or off-campus. Nonprofit agencies can qualify as community service employers if the work performed meets the definition of community services in the regulations. See the list of programs and activities that are recognized as appropriate work in community services at the end of this section. (Note that private, for-profit organizations do not qualify as employers for community service under the FWS Program.)

Schools must inform students of FWS community service opportunities available in the local community. The Program Participation Agreement also requires APU to work with local nonprofit, governmental, and community-based organizations to identify community service opportunities, including those that assist supportive services to students with disabilities. APU will promote these opportunities to students by notifying students via general means such as campus Web sites or publications.

Community services eligible for FWS

Community services are defined as services that are identified by an institution of higher education through formal or informal consultation with local nonprofit, government, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs. These services include such fields as:

• Child care
• Healthcare
• Literacy training
• Education (including tutorial services)
• Welfare
• Social services
• Transportation
• Housing and neighborhood improvement
• Public safety
• Crime prevention and control
• Recreation
• Rural development
• Community improvement
• Emergency preparedness and response
• Support services for students with disabilities (including students with disabilities who are enrolled at Alaska Pacific University*)
• Activities in which an FWS student serves as a mentor for such purposes as tutoring
• Supporting educational and recreational activities and
• Counseling, including career counseling

To be considered employed in a community service job for FWS purposes, an FWS student does not have to provide a “direct” service. The student must provide services that are designed to improve the quality of life for community residents or to solve particular problems related to those residents’ needs. APU may use its discretion to determine what jobs provide service to the community, within the guidelines provided by the statute, regulations, and this manual.

There is no restriction as to whether these jobs must be on or off-campus. However, APU not considered a community for the purposes of the FWS community service requirements. On-campus jobs can meet the definition of community services, provided that the services are designed to improve the quality of life for community residents, or to solve problems related to their needs, and that they meet the regulatory and statutory provisions pertaining to the applicable FWS employment limitations and conditions.

Work on Campus

APU may employ a student to work for Alaska Pacific University itself, including certain services for which Alaska Pacific University may contract, such as food service, cleaning, maintenance, and security. Work for Alaska Pacific University’s contractors is acceptable as long as the contract specifies the number of students to be employed and specifies that Alaska Pacific University selects the students and determines their pay rates.

An FWS student may be assigned to assist a professor if the student is doing work Alaska Pacific University would normally support under its own employment program. Having a student serve as a research assistant to a professor is appropriate, as long as the work is in line with the professor’s official duties and is considered work for Alaska Pacific University itself.

Procedure

1. Department informs HR/Payroll about FWS jobs
2. FWS jobs are posted via community bulletin boards & APU website
3. Departments complete hiring process
4. Student completes hiring paperwork with HR/Payroll

Work Off-Campus

APU may use FWS funds to pay a portion of the wages of a student who is employed off campus by certain nonprofit agencies or private employers.

Work off-campus for nonprofit or government agency

If a student is employed off-campus by a federal, state, or local public agency or by a private nonprofit organization, providing jobs related to the student’s academic or vocational goals is encouraged, but not required.

A private nonprofit organization is one in which no part of the net earnings of the agency benefits any private shareholder or individual. An organization must be incorporated as nonprofit under federal or state law. APU is classified as a tax-exempt organization by either the federal or state Internal Revenue Service meets this requirement. Examples of private nonprofit organizations generally include hospitals, daycare centers, halfway houses, crisis centers, and summer camps.

Work must be “in the public interest”

Work performed off-campus must be in the public interest. Work in the public interest is defined as work performed for the welfare of the nation or community, rather than work performed for a particular interest or group.

Work is not “in the public interest” if:

• It primarily benefits the members of an organization that has membership limits, such as a credit union, a fraternal or religious order, or a cooperative;
• It involves any partisan or nonpartisan political activity or is associated with a faction in an election for public or party office;
• It is for an elected official unless the official is responsible for the regular administration of federal, state, or local government;
• It is work as a political aide for any elected official;
• It takes into account a student’s political support or party affiliation in hiring him or her; or
• It involves lobbying on the federal, state, or local level.

Political activity, whether partisan or nonpartisan, does not qualify as work in the public interest. Also, a student is not considered to be working in the public interest if working to support an independent candidate. Another example of nonpartisan political activity is work for a city political debate.

Under certain circumstances, work for an elected official responsible for the regular administration of federal, state, or local government may be considered to be in the public interest. “Regular administration” means the official is directly responsible for administering a particular function. Such a person would not create, abolish, or fund any programs, but would run them. Working for a sheriff would be acceptable, as would working for an elected judge (because he or she has direct responsibility for the judicial system).

As stated above, any political activity would not be acceptable—raising funds for the official’s reelection, for example. FWS students are prohibited from working for the Department of Education due to the potential appearance of conflict of interest.

Work off-campus for private for-profit companies

Schools also may enter into agreements with private for-profit companies to provide off-campus jobs for students; however, these jobs must be academically relevant, to the maximum extent practicable, to the student’s program of study. (A student studying for a business administration degree could work in bank handling customer transactions, for example.) Private for-profit organizations do not qualify as employers for community service under the FWS Program.

Off-campus agreements

Although APU is considered the employer of the FWS student, APU must have a written agreement with the off-campus organization if the FWS student will work off-campus. Alaska Pacific University must make sure the off-campus organization is a reliable agency with professional direction and staff and that the work to be performed is consistent with the purpose of the FWS Program.

The agreement should specify what share of student compensation and other costs will be paid by the off-campus organization. For-profit organizations must pay the nonfederal share of student earnings. Any off-campus organization may pay:

• The nonfederal share of student earnings;
• Required employer costs, such as the employer’s share of Social Security or workers’ compensation; and
• Alaska Pacific University’s administrative costs not already paid from its Administrative Cost Allowance (ACA).

The agreement sets forth the FWS work conditions and establishes whether Alaska Pacific University or the off-campus organization will be the employer for such purposes as hiring, firing, and paying the student. The employer is generally considered to be the entity that will control and direct the work of the FWS students—supervising them at the work site, regulating their hours of work, and generally ensuring that they perform their duties properly. However, Alaska Pacific University is ultimately responsible for making sure that payment for work performed is properly documented and that each student’s work is properly supervised.

The agreement should define whether the off-campus organization will assume payroll responsibility and bill Alaska Pacific University for the federal share of the students’ wages, or whether Alaska Pacific University will pay the students and bill the off-campus organization for its contribution. Alaska Pacific University must make up any payments the off-campus organization does not make. It is Alaska Pacific University’s responsibility to ensure that FWS payments are properly documented, even if the off-campus organization does the payroll. To fulfill that responsibility, Alaska Pacific University must keep copies of time sheets and payroll vouchers and keep evidence that the students were actually paid (usually copies of the canceled checks or receipts signed by the students).

Alaska Pacific University is also responsible for ensuring that each student’s work is properly supervised. School officials may periodically visit each off-campus organization with which they have an off-campus agreement to determine whether students are doing appropriate work and whether the terms of the agreement are being fulfilled.

The agreement must state whether Alaska Pacific University or off-campus organization is liable for any on-the-job injuries to the student. The employer is not automatically liable. Federal FWS funds cannot be used to pay an injured student’s hospital expenses.

In determining whether to continue an off-campus agreement, students must submit a formal evaluation of their work experience at the end of the assignment. Alaska Pacific University may also use the evaluation to help off-campus agencies improve their work programs.

Staff members of the off-campus organization must become acquainted with a school’s financial aid and student employment programs to better understand Alaska Pacific University’s educational objectives. Alaska Pacific University must supply the off-campus organization with this information.

Recordkeeping

Alaska Pacific University will distinguish expenditures for FWS compensation from other institutional expenditures and will be identified with a special code.

You must establish and maintain program and fiscal records that are reconciled at least monthly. The records must include:

• A payroll voucher containing sufficient information to support all payroll disbursements;
• A noncash contribution record to document any payment of Alaska Pacific University’s share of the student’s earnings in the form of services and equipment; and
• A certification by the student’s supervisor, an official of Alaska Pacific University (or off-campus agency) that each student has worked and earned the amount being paid. Your school may use an electronic certification process (see Electronic Certification). Alaska Pacific University may still continue to have the FWS student’s supervisor sign a paper certification. If the students are paid on an hourly basis, the certification must include or be supported by a time record showing the hours each student worked in clock time sequence, or the total hours worked per day.

In addition, each FWS position should have a job description that includes the following:

• The name and address of the student’s employer (department, public agency, nonprofit organization);
• The purpose of the student’s job;
• The student’s duties and responsibilities;
• The job qualifications;
• The job’s wage rate or range;
• The length of the student’s employment (beginning and ending dates); and
• The name of the student’s supervisor.

The job description has several purposes:

• It clearly defines whether the job qualifies under the FWS Program.
• It provides the information needed to explain the position to a student and to help him or her select the type of employment most closely related to his or her educational or career objectives.
• It helps the financial aid administrator, the student, and the supervisor determine the number of hours of work required at the specified wage rate to meet a student’s financial need.
• It establishes a written record, for both student and employer, of the job’s duties and responsibilities so that there will be no misunderstanding.

If a student is employed with an agency or organization that provides community services, Alaska Pacific University should, as with any other FWS position, have a job description that includes the duties and the responsibilities. Schools should use the job description to verify that the job meets the definition of community services in the FWS regulations (see community service jobs). In addition, for students performing reading tutoring or family literacy activities, the job description should support those jobs.

Availability of records & period of retention

APU will make its records readily available for review by the Department or its authorized representative at an institutional location the Department or its representative designates. A record of Alaska Pacific University’s administration of the federal work-study program for 3 years after the end of an award year for which the aid was awarded and disbursed under that program.

There are some exceptions to this requirement:

• Alaska Pacific University will retain the FISAP containing reported expenditures and any records necessary to support the data contained in the FISAP, including “income grid information,” for three years after the end of the award year in which the FISAP is submitted.
• Alaska Pacific University will keep a record of signed promissory notes and repayment schedule until all loans made on the promissory note or MPN are satisfied or until the original note or MPN is needed to enforce loan collection. Only authorized personnel may have access to these records.
• If a promissory note or MPN was signed electronically, APU will store it electronically for at least 3 years after all loans made on the promissory note or MPN are satisfied. A copy of the electronic promissory note or MPN can be retrieved from the federal Common Origination Disbursement (COD) system.
• Records questioned in an audit or program review will be kept until the questions are resolved or until the end of the retention period applicable to the records, whichever is later.

Electronic certification

Alaska Pacific University will provide a secure electronic certification through an electronic payroll system that includes:

• Password protection;
• Password changes at set intervals;
• Access revocation for unsuccessful log-ins;
• User identification and entry-point tracking;
• Random audit surveys with supervisors; and
• Security tests of the code access.

Payroll vouchers

Payroll vouchers must support all payroll disbursements and include the following information as with a paystub for regular employees:

• Alaska Pacific University’s name and address;
• The starting and ending dates of the payroll period;
• The student’s name;
• An identification of the student’s job;
• The number of hours worked during the pay period;
• The hourly rate of pay for an undergraduate student;
• The hourly rate of pay or salary for a graduate student;
• The student’s gross earnings;
• Any compensation withheld for federal, state, county, or city taxes, and other deductions;
• Any noncash payments;
• The student’s net earnings;
• A check number, duplicate receipt, or other payment identification; and
• Any overtime earnings (a student may be paid overtime with FWS funds).

Title 34 CFR 675.16 Payment to students

• (a) General.
  • (1) An institution must follow the disbursement procedures in this section for paying a student his or her wages under the FWS Program instead of the disbursement procedures in 34 CFR 668.164(a), (b), and (d) through (g), and 34 CFR 668.165. The institution must follow 34 CFR 668.164(c) on making direct FWS payments to students and 34 CFR 668.164(h) on handling the return of FWS funds that are not received or negotiated by a student.
  • (2) An institution must pay a student FWS compensation at least once a month.
  • (3) Before an institution makes an initial disbursement of FWS compensation to a student for an award period, the institution must notify the student of the amount of funds the student is authorized to earn, and how and when the FWS compensation will be paid.
  • (4) Regardless of who employs the student, the institution is responsible for ensuring that the student is paid for work performed.
  • (5) A student’s FWS compensation is earned when the student performs the work.
  • (6) An institution may pay a student after the student’s last day of attendance for FWS compensation earned while he or she was in attendance at the institution.
  • (7) A correspondence student must submit his or her first completed lesson before receiving a payment.
  • (8) The institution may not obtain a student’s power of attorney to authorize any disbursement of funds without prior approval from the Secretary.
  • (9) An institution makes a disbursement of FWS program funds on the date that the institution credits a student’s account at the institution or pays a student directly with—
    • (i) Funds received from the Secretary; or
    • (ii) Institutional funds used in advance of receiving FWS program funds.
• (b) Crediting a student’s account at the institution.
  • (1) If the institution obtains the student’s authorization described in paragraph (d) of this section, the institution may use the FWS funds to credit a student’s account at the institution to satisfy—
    • (i) Current year charges for—
      • (A) Tuition and fees;
      • (B) Board, if the student contracts with the institution for board;
      • (C) Room, if the student contracts with the institution for room; and
      • (D) Other educationally related charges incurred by the student at the institution; and
    • (ii) Prior award year charges with the restriction provided in paragraph (b)(2) of this section for a total of not more than $200 for—
      • (A) Tuition and fees, room, or board; and
      • (B) Other institutionally related charges incurred by the student at the institution.
  • (2) If the institution is using FWS funds in combination with other Title IV, HEA program funds to credit a student’s account at the institution to satisfy prior award year charges, a single $200 total prior award year charge limit applies to the use of all the Title IV, HEA program funds for that purpose.
• (c) Credit balances. Whenever an institution disburses FWS funds by crediting a student’s account and the result is a credit balance, the institution must pay the credit balance directly to the student as soon as possible, but no later than 14 days after the credit balance occurred on the account.
• (d) Student authorizations.
  • (1) Except for the noncash contributions allowed under paragraph (e)(2) and (3) of this section, if an institution obtains written authorization from a student, the institution may—
    • (i) Use the student’s FWS compensation to pay for charges described in paragraph (b) of this section that are included in that authorization; and
    • (ii) Except if prohibited by the Secretary under the reimbursement or cash monitoring payment method, hold on behalf of the student any FWS compensation that would otherwise be paid directly to the student under paragraph (c) of this section.
  • (2) In obtaining the student’s authorization to perform an activity described in paragraph (d)(1) of this section, an institution—
    • (i) May not require or coerce the student to provide that authorization;
    • (ii) Must allow the student to cancel or modify that authorization at any time; and
    • (iii) Must clearly explain how it will carry out that activity.
  • (3) A student may authorize an institution to carry out the activities described in paragraph (d)(1) of this section for the period during which the student is enrolled at the institution.
  • (4)
    • (i) If a student modifies an authorization, the modification takes effect on the date the institution receives the modification notice.
    • (ii) If a student cancels an authorization to use his or her FWS compensation to pay for authorized charges under paragraph (b) of this section, the institution may use those funds to pay only those authorized charges incurred by the student before the institution received the notice.
    • (iii) If a student cancels an authorization to hold his or her FWS compensation under paragraph (d)(1)(ii) of this section, the institution must pay those funds directly to the student as soon as possible, but no later than 14 days after the institution receives that notice.
  • (5) If an institution holds excess FWS compensation under paragraph (d)(1)(ii) of this section, the institution must—
    • (i) Identify the amount of funds the institution holds for each student in a subsidiary ledger account designed for that purpose;
    • (ii) Maintain, at all times, cash in its bank account in an amount at least equal to the amount of FWS compensation the institution holds for the student; and
    • (iii) Notwithstanding any authorization obtained by the institution under this paragraph, pay any remaining balances by the end of the institution’s final FWS payroll period for an award year.
• (e)
  • (1) Timing of institutional share and noncash contributions. Except for the noncash contributions allowed under paragraph (e)(2) or (3) of this section, an institution must pay the student its share of his or her FWS compensation at the same time it pays the Federal share.
  • (2) If an institution pays a student its FWS share for an award period in the form of tuition, fees, services, or equipment, it must pay that share before the student’s final payroll period.
  • (3) If an institution pays its FWS share in the form of prepaid tuition, fees, services, or equipment for a forthcoming academic period, it must give the student a statement before the close of his or her final payroll period listing the amount of tuition, fees, services, or equipment earned.

(Authority: 20 U.S.C. 1091, 1094; 42 U.S.C. 2753)