Maintained for Historical Purposes

This resource is being maintained for historical purposes only and is not currently applicable.

Federal Work-Study Program - Appendix: Model Off-Campus Agreement

AwardYear: 1997-1998
EnterChapterNo: 7
EnterChapterTitle: Federal Work-Study Program
SectionNumber:
SectionTitle: Appendix: Model Off-Campus Agreement
PageNumbers: 49-52


The paragraphs below are suggested as models for the development
of a written agreement between a school and a federal, state, or
local public agency or a private nonprofit organization that employs
students who are attending that school and who are participating in
the Federal Work-Study (FWS) Program. Institutions and agencies
or organization may devise additional or substitute paragraphs as
long as they are not inconsistent with the statute or regulations.
=========================================
This agreement is entered into between ________________,
hereinafter known as the "Institution," and _______________,
hereinafter known as the "Organization," a (Federal, State, or local
public agency), (private nonprofit organization), (strike one), for the
purpose of providing work to students eligible for the Federal
Work-Study Program [FWS].

Schedules to be attached to this agreement from time to time
must be signed by an authorized official of the institution and the
organization and must set forth--

(1) brief descriptions of the work to be performed by students
under this agreement;

(2) the total number of students to be employed;

(3) the hourly rates of pay, and

(4) the average number of hours per week each student will be
used.

These schedules will also state the total length of time the project
is expected to run, the total percent, if any, of student compensation
that the organization will pay to the institution, and the total
percent, if any, of the cost of employer's payroll contribution to be
borne by the organization. The institution will inform the
organization of the maximum number of hours per week a student
may work.

Students will be made available to the organization by the
institution to perform specific work assignments. Students may be
removed from work on a particular assignment or from the
organization by the institution, either on its own initiative or at the
request of the organization. The organization agrees that no student
will be denied work or subjected to different treatment under this
agreement on the grounds of race, color, national origin, or sex. It
further agrees that it will comply with the provisions of the Civil
Rights Act of 1964 (Pub. L. 88-352; 78 Stat. 252) and Title IX of
the Education Amendments of 1972 (Pub. L. 92-318) and the
Regulations of the Department of Education which implement those
Acts.

(Where appropriate any of the following three paragraphs or
other provisions may be included.)

(1) Transportation for students to and from their work
assignments will be provided by the organization at its own
expense and in a manner acceptable to the institution.

(2) Transportation for students to and from their work
assignments will be provided by the institution at its own
expense.

(3) Transportation for students to and from their work
assignments will not be provided by either the institution or
the organization.

(Whether the institution or the organization will be considered
the employer of the students covered under the agreement depends
upon the specific arrangement as to the type of supervision
exercised by the organization. It is advisable to include some
provision to indicate the intent of the parties as to who is considered
the employer. As appropriate, one of the following two paragraphs
may be included.)*1*

(1) The institution is considered the employer for purposes of
this agreement. It has the ultimate right to control and direct
the services of the students for the organization. It also has
the responsibility to determine whether the students meet the
eligibility requirements for employment under the Federal
Work-Study program, to assign students to work for the
organization, and to determine that the students do perform
their work in fact. The organization's right is limited to
direction of the details and means by which the result is to be
accomplished.

(2) The organization is considered the employer for purposes of
this agreement. It has the right to control and direct the
services of the students, not only as to the result to be
accomplished, but also as to the means by which the result is
to be accomplished. The institution is limited to determining
whether the students meet the eligibility requirements for
employment under the Federal Work-Study program, to
assigning students to work for the organization, and to
determining that the students do perform their work in fact.

(Wording of the following nature may be included, as
appropriate, to locate responsibility for payroll disbursements and
payment of employers' payroll contributions.)

Compensation of students for work performed on a project under
this agreement will be disbursed--and all payments due as an
employer's contribution under State or local workers' compensation
laws, under Federal or State social security laws, or under other
applicable laws, will be made--by the (organization) (institution)
(strike one).

(Where appropriate any of the following paragraphs may be
included.)

(1) At times agreed upon in writing, the organization will pay to
the institution an amount calculated to cover the
organization's share of the compensation of students
employed under this agreement.

(2) In addition to the payment specified in paragraph (1) above,
at times agreed upon in writing, the organization will pay, by
way of reimbursement to the institution, or in advance, an
amount equal to any and all payments required to be made
by the institution under State or local workers' compensation
laws, or under Federal or State social security laws, or under
any other applicable laws, on account of students
participating in projects under this agreement.

(3) At times agreed upon in writing, the institution will pay to
the organization an amount calculated to cover the Federal
share of the compensation of students employed under this
agreement and paid by the organization. Under this
arrangement the organization will furnish to the institution
for each payroll period the following records for review and
retention:

(a) Time reports indicating the total hours worked each week
in clock time sequence and containing the supervisor's
certification as to the accuracy of the hours reported;

(b) A payroll form identifying the period of work, the name
of each student, each student's hourly wage rate, the
number of hours each student worked, each student's
gross pay, all deductions and net earnings, and the total
Federal share applicable to each payroll;*2* and

(c) Documentary evidence that students received payment for
their work, such as photographic copies of canceled
checks.


*1* Although the following paragraphs attempt to fix the identity of
the employer, they will not necessarily be determinative if the
actual facts indicate otherwise. Additional wording that specifies the
employer's responsibility in case of injury on the job may also be
advisable, since federal funds are not available to pay for hospital
expenses or claims in case of injury on the job. In this connection it
may be of interest that one or more insurance firms in at least one
state have in the past been willing to write a workers' compensation
insurance policy which covers a student's injury on the job
regardless of whether it is the institution or the organization that is
ultimately determined to have been the student's employer when he
or she was injured.

*2* These forms, when accepted, must be countersigned by the
institution as to hours worked as well as to the accuracy of the total
federal share which is to be reimbursed to the organization or
agency.

Last Modified: 07/28/1998