BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 999
S
AUTHOR: Liu
B
VERSION: March 24, 2014
HEARING DATE: April 22, 2014
9
FISCAL: Yes
9
9
CONSULTANT: Mareva Brown
SUBJECT
CalFresh: student eligibility
SUMMARY
This bill would require the Office of the Chancellor of the
California Community Colleges and the Department of Social
Services (CDSS) to identify categories of students enrolled
in higher education that qualify for federal exemptions
that would allow them to receive CalFresh benefits. This
bill would require a community college to provide specific
documentation to a student who is enrolled in a program
that potentially qualifies him or her for an exemption. It
also would authorize a county that elects to participate in
the CalFresh Employment and Training (E&T) program to enter
into an agreement with a community college or a California
State University (CSU) to establish subsidized employment
opportunities, financed using federal funds, for students
who participate in the CalFresh E&T program.
ABSTRACT
Existing law:
Continued---
STAFF ANALYSIS OF SENATE BILL 999 (Liu)
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1) Establishes under federal law the Supplemental
Nutrition Assistance Program (SNAP) to promote the
general welfare and to safeguard the health and wellbeing
of the nation's population by raising the levels of
nutrition among low-income households. (7 CFR 271.1)
2) Establishes in California statute the CalFresh program
to administer the provision of federal SNAP benefits to
families and individuals meeting specified criteria. (WIC
18900 et seq.)
3) Establishes, under federal law, eligibility
requirements for receipt of SNAP benefits, including
income that is at or below 130 percent of the federal
poverty level and is determined to be a substantial
limiting factor in permitting a recipient to obtain a
more nutritious diet, as specified. (7 CFR 273.9)
4)Prohibits an individual who is enrolled at least
half-time in an institution of higher education from
eligibility in the federal Food Stamp Program unless the
individual qualifies for one of the exemptions, as
specified. (7 CFR 273.5)
5)Provides in federal code specific exemptions to this
prohibition including:
a. Be younger than age 17 or older than 50.
b. Be physically or mentally unfit.
c. Be receiving TANF (or CalWORKs) benefits.
d. Be enrolled in school as a result of
participation in the Job Opportunities and Basic
Skills program, as specified.
e. Be employed for a minimum of 20 hours per week
and be paid for such employment or, if
self-employed, be employed for a minimum of 20 hours
per week and receiving weekly earnings at least
equal to the Federal minimum wage multiplied by 20
hours.
f. Be participating in a State or federally
financed work study program during the regular
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school year, as specified.
g. Be participating in an on-the-job training
program, as specified.
h. Be responsible for the care of a dependent
household member under the age of 6.
i. Be responsible for the care of a dependent
household member who has reached the age of 6 but is
under age 12 when the state agency has determined
that adequate child care is not available to enable
the student to attend class and comply with the work
requirements of items (e) or (f), above.
j. Be a single parent enrolled in an institution
of higher education on a full-time basis (as
determined by the institution) and be responsible
for the care of a dependent child under age 12, as
specified.
aa. Be assigned to or placed in an institution of
higher education through or in compliance with the
requirements of one of a number of federally
identified programs, as specified.
6)Provides funding for community colleges that educate
students who are enrolled in the CalWORKs program, for
the purpose of designing specific curriculum offerings,
and creating work experience and internships, among other
specifics. (EDC 79202, EDC 79203)
7)Outlines the methods that a community college may use to
extend services to students including through the
provision of loans or grants to cover living costs,
student fees, transportation and provision of work
experience programs and job placement. (EDC 69650)
8)Establishes the CalFresh Employment and Training program
(CalFresh E&T), as authorized by the federal Food and
Nutrition Act of 2008 with the purpose of assisting
members of CalFresh households in gaining skills,
training, work, or experience that will increase their
ability to obtain regular employment. (WIC 18926.5. (a))
9)Requires that a California county that elects to
participate in CalFresh E&T shall screen CalFresh work
registrants to determine whether they will participate
in, or be deferred from, the program. Requires that an
individual be deferred from a mandatory placement in the
STAFF ANALYSIS OF SENATE BILL 999 (Liu)
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CalFresh E&T program for a number of specified reasons,
including residence in a federally determined work
surplus area. (WIC 18926.)
This bill:
1)Requires the Office of the Chancellor of the California
Community Colleges and CDSS to examine and interpret the
exemptions to the prohibition on student eligibility for
CalFresh benefits, as specified in federal law, and to
establish clear and detailed guidelines identifying the
categories of students that may qualify for an exemption
and the programs in which enrollment may qualify a
student for an exemption.
2)Requires that a community college provide documentation
to each student who is enrolled in a program that has
been identified to potentially qualifying him or her for
an exemption to the prohibition on student eligibility
for CalFresh benefits, as specified in federal code.
Requires that this documentation be provided at the time
that the student develops an education plan, and at any
other time a student requests that documentation.
3)A county that elects to participate in the CalFresh E&T
program may enter into an agreement with a community
college or a California State University in order to
establish subsidized employment opportunities, financed
using federal funds, for students attending those
postsecondary institutions who are required to
participate in, or who have elected to voluntarily
participate in, the CalFresh E&T program.
4)Makes non substantive technical changes to the bill's
language.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
The author states that it is important to increase the
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number of students who are able to benefit from the
CalFresh program, and particularly students enrolled at the
California Community College system. While federal law
specifically prohibits students from enrolling in the
program, it also lists a lengthy number of exemptions to
this prohibition. This bill seeks to inform students and
college aid offices of those exemptions so that students
who qualify for benefits, and want them, may apply.
Additionally, the author states this bill allows community
colleges as well as the CSU system to take advantage of
matching funds from the federal Employment and Training
program. These funds are underutilized by systems of higher
education in California. The funds can be leveraged to
create supplemented employment opportunities on campuses
for students enrolled in the Workforce Training Program
through CDSS.
CalFresh
Administered in California as CalFresh, the U.S. Department
of Agriculture's (USDA) Supplemental Nutritional Assistance
Program funds 100 percent of food benefits to eligible
households nationwide. The state, counties and federal
government share the cost of administering the program.
Specific eligibility requirements are set by the USDA,
including gross- and net-income asset tests for most
recipients, work requirements and specific documentation
requirements. The maximum gross income allowed to be
eligible is 130 percent of the federal poverty level, or
$23,850 for a family of four in 2014.<1> The average
monthly benefit for a CalFresh recipient is $153.13 per
month, or $5.10 per day.
The overall CalFresh caseload has grown steadily since
2001, including an increase of more than 1 million people
between 2010 and 2013, at the peak of the Great Recession.
Nonetheless, California has been ranked last in the country
for years in SNAP participation rates, prompting concerns
from the USDA, stories in the state's newspapers and two
Legislative hearings in 2014, including a joint Senate and
Assembly Human Services committee hearing on March 11. Just
57 percent of eligible individuals were enrolled in the
-------------------------
<1> http://aspe.hhs.gov/poverty/14poverty.cfm
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program in 2011, compared to a national average of 79
percent. Just 44 percent of California's eligible working
poor families received CalFresh benefits, compared to a
national average of 67 percent. CDSS notes every $5 of
federal SNAP benefits are calculated to generate $9 of
local economic activity.
CalFresh Employment and Training
Federal law establishes an Employment and Training (E&T)
requirement in the SNAP program for recipients between ages
15 and 60, unless they are otherwise exempt. The CalFresh
E&T Program is generally applied to families who receive
CalFresh benefits but do not receive a monthly cash grant
under the California Work Opportunity and Responsibility to
Kids (CalWORKs) program. Counties have the option to
participate, and 26 California counties opted to
participate in E&T in 2013, according to CDSS. Counties
provide E&T services to specific target populations. Most
frequently targeted for E&T services are CalFresh
recipients who also receive county General Assistance.
Participants can be assigned to various activities
including job search, self-initiated work, vocational
training, basic education, job club and others. Some
counties provide additional reimbursements for other
related, federally-approved costs including text books,
tools, work clothing, dependent care, or short-term housing
stabilization services. CalFresh beneficiaries may be
exempted from E&T if they can demonstrate physical or
mental unfitness, they care for a child under age six, or
attend school half-time. A county additionally may grant a
temporary deferral for a severe family crisis, lack of
transportation, a temporary illness, or living in a Labor
Surplus Area, among others.
Food Insecurity
Nationally, the USDA reported an estimated 14.5 percent of
American households were food insecure at least some time
during the year in 2012, meaning they lacked access to
enough food for an active, healthy life for all household
members. During the last decade, and especially during the
Great Recession, the number of families experiencing food
insecurity has increased. According to data from the
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California Health Interview Survey (CHIS), at least 4
million low-income Californians struggled with food
insecurity during 2011-12. A research brief published in
2012 by UCLA's Center for Health Policy Research and the
California Food Policy Advocates noted that in 2009, at the
height the Recession, more than 4 in 10 Californian adults,
roughly 3.8 million people, who were at or below 200
percent of the Federal Poverty Level suffered from food
insecurity. Of those, more than one third - 1.4 million
people - reported very low food security. This is defined
as having to cut back on food. Nationally, about 5.7
percent of Americans suffered from very low food security.
Hunger on campus
A number of recent studies have highlighted the problem of
hunger on campus, including a January 2014 study which
found 6 in 10 students on one Oregon university campus were
food insecure at least once in the prior year. The study,
"Prevalence and Correlates of Food Insecurity Among
Students Attending a Midsize Rural University in Oregon,"
concluded that food insecurity among college students was a
significant issue, affecting student health and academic
performance, and urged further study. The researchers from
Oregon State University, Western Oregon University and
Benton County Health Department studied students at Western
Oregon University and published their findings in the
Journal of Nutrition Education and Behavior.
An April 9, 2014, Washington Post article described several
students at various four-year universities who quit their
college meal plans in order to save money for tuition and
then found themselves barely able to afford food. Students
on one campus created a voucher program to help others who
are at risk of going hungry. The article noted that in
2007, Michigan State University started a food bank on
campus to help alleviate hunger among students there. Since
then, another 120 campuses have created food banks on
campuses.
Public services and higher education
Community colleges play a role in educating and
coordinating with social services agencies for students who
are both attending school and receiving assistance through
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a variety of programs:
CalWORKs students on community college campuses
receive coordination between the colleges and the
counties, academic, career, and personal counseling to
focus goals and develop student education plans, work
study employment, job development and placement
services and other benefits.
The EOPS program provides academic and financial
support to community college students whose
educational and socioeconomic backgrounds may deter
them from successfully attending college and
completing their educational goals. Services are
specifically designed to offer educational support
services to address the specific needs of at-risk
students, including tutoring and academic progress
monitoring, assistance transferring to a CSU or UC
campus, textbook and computer loans and other
supports.
The CARE program offers educational support
services to welfare-dependent single heads of
household who are transitioning to employment.
The income threshold for the Board of Governor's Fee Waiver
is slightly higher (roughly 150 percent of the Federal
Poverty Line) than the income threshold for CalFresh
(roughly 130 percent of FPL). However, as an indicator of
possible need, there were $1.1 million students in
California Community Colleges that qualified for a fee
waiver in the 2012-2013 academic year, according to data
provided by the author.
Related Legislation:
AB 1930 (Skinner), 2014, would require county welfare
departments, in determining the eligibility and benefit
level of a student subject to the student work requirement
described above, to screen for all potential exemptions to
that rule. Makes other changes.
SB 43 (Liu) Chapter 507, Statutes of 2011 permitted
counties to defer able-bodied working adults from required
employment and training participation in high unemployment
areas, as specified.
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Comments :
1. It is likely that some students in the California
State University (CSU) and University of California
(UC) systems would benefit from the exemption
information provided to community college students.
Staff recommends amending the bill as follows:
79220. The Office of the Chancellor of the California
Community Colleges and the Department of Social
Services shall examine and interpret the exemptions to
the prohibition on student eligibility for CalFresh
benefits, identified in Section 2015(e) of Title 7 of
the United States Code and Section 273.5(b) of Title 7
of the Code of Federal Regulations, and shall
establish clear and detailed guidelines identifying
the categories of students that may qualify for an
exemption and the programs in which enrollment may
qualify a student for an exemption. It is recommended
that the California State University Chancellor's
office and Office of the President of the University
of California system also examine and interpret the
exemptions identified in this section and establish
clear and detailed guidelines identifying categories
of students that may qualify for exemptions and the
programs in those systems in which enrollment may
qualify a student for an exemption.
2. This bill requires the Community College
Chancellor's Office to work with CDSS to identify
potential exemptions for students and to create a
document that informs counselors and students of those
exemptions. It then requires every community college
to provide students with appropriate documentation to
seek an exemption in order to apply for CalFresh
benefits through the county welfare office. Community
colleges have expressed concern that the documentation
requirements could be significant if they require the
generation of additional paperwork for every
potentially qualified student. The CCCCO suggests that
required school documentation be from an existing
document already provided to students, for example a
class schedule. The author suggests, and staff
STAFF ANALYSIS OF SENATE BILL 999 (Liu)
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recommends, the following amendments:
79230. A community college shall provide
documentation to each student who is enrolled in a
program that has been identified pursuant to Section
79220 as a program potentially qualifying him or her
for an exemption to the prohibition on student
Eligibility for CalFresh benefits, identified in
Section 2015(e) of Title 7 of the United States Code
and Section 273.5(b) of Title 7 of the Code of Federal
Regulations, at the time that the student develops an
education plan, as required by Section 78215, and at
any other time a student requests that
documentation. To the degree possible, waiver
eligibility verification will be satisfied by
documentation already provided to students enrolled in
school.
3. Current federal regulations do not permit
participants of the E&T program to participate in
subsidized employment. Specifically, 7CFR 273.7 (d)
(ii) (A) states that E&T grants may also not be used
to subsidize the wages of participants, as specified.
The following language reflects opportunities that the
state may have to leverage funding through the Board
of Governor's to increase the scope of its E&T
programs without using subsidized employment.
The author suggests, and staff recommends, amending
the bill as follows:
18926.5.
(f) (1) A county that elects to participate in the
CalFresh E&T program may enter into an agreement with
a community college or a California State University
in order to establish subsidized an employment and
training program opportunities , financed using federal
funds, or federally matched funds, for students
attending those postsecondary institutions who are
required to participate in, or who have elected to
voluntarily participate in, the if the agreement is
approved by the United States Department of
Agriculture, Food and Nutrition Services in the
state's CalFresh E&T program plan .
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(2) If the Board of Governors of the California
Community Colleges and the Department of Social
Services elect, they may enter into an inter-agency
agreement authorizing the Board of Governors to enter
into an agreement with one or more community colleges
to establish an employment and training program
financed, in part, with federally matched funds to
support increased education and employment
opportunities for low-income students who are CalFresh
recipients volunteering to participate, provided the
agreements are approved by the United States
Department of Agriculture, Food and Nutrition Services
in the state's annual CalFresh Employment & Training
program plan.
POSITIONS
Support: Western Center on Law and Poverty (sponsor)
California Catholic Conference
Oppose: None received.
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