Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text


To repeal regulations for which statutory authority has been ...
Stage: Fast-Track



Part I

8VAC40-50-10. Definitions. (Repealed.)

The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise:

"Accredited" means an institution which holds either candidacy status or full membership in an accrediting association recognized by the United States Department of Education or an institution approved to confer degrees pursuant to the provisions of §§ 23-265 through 23-276 of the Code of Virginia.

"Applicant" means any student who is a domiciliary resident of Virginia and who has completed an approved application for need-based aid and filed the application by the closing date established by the participating institution at which the student will enroll.

"Cost of attendance" means the sum of tuition, fees, room, board, books and supplies, and other education related expenses, as determined by an institution for purposes of calculating a student's financial need and awarding federal campus-based student aid funds.

"Council" means the State Council of Higher Education for Virginia.

"Domiciliary resident of Virginia" means a student who is determined by the council or by a participating institution to meet the definition of a domiciliary resident of Virginia eligible for in-state tuition rates, as specified under § 23-7.4 of the Code of Virginia.

"Eligible course of study" means a curriculum of courses in a degree-granting program at the undergraduate, graduate, or first professional level which requires at least one academic year (30 semester hours or its equivalent) to complete. Courses of study which provide religious training or theological education are not eligible courses of study under the Virginia Work-Study Program. Programs in the 39.xxxx series, as classified in the National Education Center for Educational Statistics' Classification of Instructional Programs (CIP), are not eligible programs.

"Eligible employer" means a public or private, nonprofit organization authorized to operate within the Commonwealth of Virginia whose principal mission is to provide assistance (see definition of "public service") which principally benefits residents of Virginia. Religious or political organizations which otherwise meet this definition are not eligible employers under the program.

"Eligible postsecondary institution" means any accredited, degree-granting institution of higher education whose principal campus is located in Virginia and any business, trade, or technical school which is accredited by a national or regional accrediting agency for postsecondary institutions recognized by the U.S. Secretary of Education and which is certified to operate in the Commonwealth by the Board of Education pursuant to Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia. Institutions whose primary purpose is to provide religious training or theological education are not eligible to participate in the program.

"Expected Family Contribution" (EFC) means the amount a student and his family is expected to contribute toward the cost of college attendance. A student's EFC will be determined by the institution using a method of needs analysis approved by the council. The institution may exercise professional judgment to adjust the student's EFC, as permitted under federal law, based on factors which affect the family's ability to pay.

"Financial need" means any positive difference between a student's Cost of Attendance and the student's Expected Family Contribution (EFC), as determined by a participating institution using a nationally-accepted method of needs analysis approved by the council.

"Fiscal year" means the period extending from July 1 to June 30.

"Off-campus position" means a position with an eligible employer other than the participating postsecondary education institution at which the student is enrolled. When an institution or a third party public or private nonprofit agency (e.g., Virginia State University's Virginia Program) agrees under contract with an eligible off-campus employer to act as the payroll agent, and the institution or the third party agency receives total reimbursement of the nonstate share of student wages and fringe benefits from the employer, the student will be deemed to be employed off campus.

"On-campus position" means a position with a public or private nonprofit participating institution at which the student is enrolled.

"Part-time study" means enrollment for at least six credit hours per semester or quarter, or its equivalent. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses and other elective courses which normally are not counted toward a certificate, diploma, or degree at the participating institution.

"Participating institution" means any eligible postsecondary institution which is approved to receive state funds to match student wages under the Virginia Work-Study Program.

"Program" means the Virginia Work-Study Program (VWSP).

"Political organization" means any person or other entity whose primary purpose is to advocate the election of a candidate to public office or the passage of specific legislation.

"Public service job" means a job that provides assistance that directly benefits or meets the needs of a particular group of citizens in the fields of education (elementary, secondary, and postsecondary), health, recreation, social services and human services.

"Religious organization" means a church or any entity controlled by a church or whose primary purpose is provision of sectarian services.


Part II
Institutional Participation in the Program

8VAC40-50-20. Application procedures. (Repealed.)

To participate in the program, an institution shall file an application with the council before an annually established closing date. The application must be on a form approved by the council and contain the information needed by the council to determine the allocation of its available funds.


8VAC40-50-30. Content of the application. (Repealed.)

A. An institution's application shall include the information listed in this section. Certain information may be more relevant to some institutions than to others. The variety of information requested ensures that the diverse institutions expected to participate in the program are given ample opportunity to demonstrate institutional strengths.

B. Each application for initial participation will contain the following:

1. A description of proposed on- and off-campus positions and the agencies that will be served;

2. The amount of funds for wages the institution expects to award;

3. An estimate of the amount of job location and development funds needed and an explanation of how the funds will be used;

4. An explanation of how students are placed based on the students' interests and position requirements; and

5. A summary of the evaluation techniques the institution will use to evaluate the effectiveness of its program.

C. Each application from current participants will contain the following:

1. A description of any changes to the institution's current program;

2. An explanation of why 100% of funds were not used, if the current year's allocation will not have been used by the end of the fiscal year; and

3. A summary of the evaluation techniques the institution will use to evaluate the effectiveness of its program.


8VAC40-50-40. Evaluation of the application. (Repealed.)

A. Each application for initial participation will be evaluated based on the criteria listed below:

1. Mix of on- and off-campus positions in relation to the location of the institution;

2. Efficient use of job location and development funds;

3. Variety of agencies; and

4. Completeness of the evaluation techniques.

B. Each application from current participants will be evaluated based on the criteria listed in this subsection:

1. If an institution has not changed its program, the evaluation will be based on the reason why 100% of funds were not used, if the institution will not have used its allocation by the end of the fiscal year; or

2. If an institution has changed its program, the changes will be evaluated based on the criteria for initial applicants.


Part III
Distribution of Funds Among Participating Institutions

8VAC40-50-50. Allocation method. (Repealed.)

Distribution of program funds is based on an allocation method based on the council's calculation of financial aid need at all institutions. Each participating institution shall receive a proportional share of total program funds based on its share of total need. The institution's allocation shall be its share or the amount requested in its application, whichever is less. Failure to expend the previous year's allocation may result in reduced funding for the following year as provided hereinafter.


8VAC40-50-60. State matching funds. (Repealed.)

A. The Commonwealth's share of a student's compensation will be established by the council. Off-campus positions will receive a higher percentage of state matching funds than on-campus positions. Public school systems may receive a waiver or partial waiver of the employer's matching portion for earned wages only, after determination by the council that the school system has a high concentration of low-income students.

B. Without reducing student compensation, off-campus employers may agree to pay higher contributions than normally would result if state matching funds were provided at the maximum permitted level. State funds conserved under this approach may be used by the institution to fund additional student employment.


8VAC40-50-70. Reallocation of unused funds; penalties for failure to release unused funds for mid-year reallocation. (Repealed.)

A. By no later than March 15 of each fiscal year, a participating institution shall file with the council a Spring Funds Usage Report. The institution will specify the amount of state funds, if any, it will not use by year's end. The institution will authorize the release of those funds so that the council may reallocate the funds to other participating institutions.

B. Institutions which meet their approved job development objectives and have awarded all of their state matching funds may request additional funds, should such funds become available.

C. An institution which returns a significant amount of unused funds at the end of the fiscal year, as determined by the council, may receive an allocation reduced by that amount the following year.


8VAC40-50-80. Use of funds. (Repealed.)

An institution shall establish and maintain financial records that accurately reflect all program transactions as they occur. The institution shall establish and maintain general ledger control accounts and related subsidiary accounts that identify each program transaction and separate those transactions from all other institutional financial activity. Program funds shall be deposited in a noninterest bearing account established and maintained exclusively for that purpose. Funds may only be disbursed to student accounts receivable or to the council. All unused funds must be returned to the council no later than the end of the fiscal year.

Funds for wages received by the institution under the program may be used only to pay awards to students. The funds are held in trust by the institution for the intended student beneficiaries and may not be used for any other purpose. Job location and development funds may be used only for costs associated with developing new positions. The funds may not be used for any other purpose.

Any income realized on state funds will revert to the Commonwealth of Virginia. Such income is the property of the Commonwealth of Virginia.


Part IV
Student Eligibility and Selection of Award Recipients

8VAC40-50-90. Eligibility criteria. (Repealed.)

In order to be eligible for employment under the program an applicant will:

1. Be enrolled for at least part-time study as an undergraduate, graduate, or first-professional student in an eligible course of study at a participating institution;

2. Be a domiciliary resident of Virginia eligible for in-state tuition rates as defined in § 23-7.4 of the Code of Virginia;

3. Be maintaining satisfactory academic progress;

4. Be pursuing a degree in a field other than religious training or theological education;

5. Meet the eligible employer's job requirements; and

6. Demonstrate sufficient financial need and be capable of benefiting from the work experience.


8VAC40-50-100. Criteria for determining financial need and individual awards. (Repealed.)

An institution shall determine a student's financial need using a nationally-accepted method of needs analysis approved by the council. An award under the program will be set by the institution so that the student's total financial aid, including the program award, will not exceed the student's need.


8VAC40-50-110. Priorities in placing students. (Repealed.)

A. Although the program assists financially needy students, the relative financial need of qualified students may be a secondary consideration when placing students in public service jobs under the program. Preference for the jobs may go to those students best qualified, as determined by the institutions and the prospective employers, to fill the eligible jobs, especially when the jobs also complement the students' educational or career interests.

B. Students employed under the program may be placed in on-campus and off-campus positions that meet the definition of a public service job, as determined by the financial aid officer, and that provide the student with tangible educational or career benefits. State funds shall not be used to supplant Federal Work-Study Program funds.


Part V
Restrictions on Student Placement and Compensation

8VAC40-50-120. Displacement of employees. (Repealed.)

State work-study students shall not displace employed workers or impair existing contracts for services. Accordingly, a student employed under the program will not be placed in a position which has been occupied by a permanent employee during the current or preceding fiscal year, as determined by the employer in consultation with the financial aid officer.


8VAC40-50-130. Rate of compensation. (Repealed.)

Work-study positions will receive compensation equal to the salary of a comparable position at a comparable level, as determined by the participating institution after consultation with the employer and any other appropriate sources of information. Under no circumstances will a work-study student be compensated at a rate higher than the rate paid to permanent employees with comparable experience.


8VAC40-50-140. Employer share of student compensation. (Repealed.)

The employer shall pay its share of wages, as determined by the financial aid officer, plus the costs of any employee benefits, including all payments due as an employer's contribution under the state workers' compensation laws, federal social security laws, and other applicable laws.


8VAC40-50-150. Academic credit. (Repealed.)

A student may receive academic credit for experience gained through the program, as determined by a participating institution in consultation with the employer.


8VAC40-50-160. Maximum hours worked. (Repealed.)

A student's total employment under the program cannot exceed 20 hours per week when classes are in session and cannot exceed 40 hours per week when classes are not in session.


8VAC40-50-170. Concurrent employment. (Repealed.)

A student employed under the program shall not be employed concurrently by the Federal Work-Study Program or any other institutional student employment program so that total employment exceeds 20 hours per week when classes are in session or 40 hours per week when classes are not in session.


8VAC40-50-180. Political or religious employment. (Repealed.)

Students under the program shall not be employed by any political or religious organization for activities that are political or religious in nature.


8VAC40-50-190. Employment during nonenrollment periods. (Repealed.)

A student may be employed under the program during the summer or other vacation period or the full-time work period of a cooperative education program. To be eligible for this employment, a student must be preregistered or sign an "intent to enroll" form as a full-time student in the following term. The institution must have documentation in its files that the student was accepted for and had the intention of enrolling full time in the subsequent term prior to actual assignment in a work position.


Part VI

8VAC40-50-200. Responsibility of the council. (Repealed.)

The council is authorized to enter into agreements with eligible postsecondary institutions for the development of student jobs and the reimbursement of employers for the Commonwealth's share of students' compensation.

The council shall issue such information sheets it deems necessary and appropriate for administration of the program. The information sheets shall include, but not be limited to, guidelines to establish priority positions, employer share of wages, and application procedures.


8VAC40-50-210. Responsibility of participating institutions. (Repealed.)

Participating institutions, under agreement with the council, may:

1. Enter into contracts with eligible employers for employment of students under the program. Such agreements shall be written to ensure employer compliance with the rules and regulations governing the program.

2. Assist in the determination of student eligibility and, in cooperation with eligible employers, arrange for placement of students, ensuring that the placements are consistent with the educational and career interests of the students, wherever possible, and that the students are sufficiently prepared to succeed in the positions in which they are placed.

3. Arrange for payment of the Commonwealth's share of a student's compensation.


8VAC40-50-220. Employer responsibilities. (Repealed.)

A. Before it may participate in the program, an eligible employer shall enter into contract with a postsecondary institution, thereby certifying the employer's eligibility to participate and a willingness to comply with program requirements.

B. Certification of payment to students shall be made in accordance with accounting procedures specified in the institution-employer contracts.


8VAC40-50-230. Reports. (Repealed.)

Participating institutions shall supply reports to the council which will include, but not be limited to, information describing the student and employer populations served, the awards received, and the public services rendered through student employment under the program.


8VAC40-50-240. Agreement to participate. (Repealed.)

As a requirement of participating in the program, each institution shall certify that it meets the definition of eligible institution and acknowledge responsibility to administer the program according to prescribed rules and regulations.


8VAC40-50-250. Program reviews. (Repealed.)

The council periodically will review institutional administrative practices to determine institutional compliance with prescribed rules and regulations. If a review determines that an institution, or an off-campus employer participating in the program under contract with the institution, has failed to comply with regulations and guidelines, the council may suspend or terminate its future participation in the program. In all instances, the council will require an institution to recover and refund to the council any state funds which were expended improperly.