BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 999
AUTHOR: Liu
AMENDED: March 24, 2014
FISCAL COMM: Yes HEARING DATE: April 30, 2014
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Student eligibility for CalFresh.
SUMMARY
This bill requires the California Community Colleges
Chancellor's Office and the Department of Social Services to
identify categories of students who may meet specified
exemptions that may enable those students to qualify for
CalFresh benefits, and requires community colleges to provide
information about CalFresh eligibility to those students.
This bill also authorizes community colleges and the
California State University to enter into agreements with
counties to establish subsidized employment opportunities for
students who participate in CalFresh Employment and Training
programs.
BACKGROUND
Nutrition Assistance
Federal law:
1) Establishes the Supplemental Nutrition Assistance
Program (SNAP) for the purpose of promoting the general
welfare and to safeguard the health and well-being of the
nation's population by raising the levels of nutrition
among low-income households.
(Code of Federal Regulations, Title 7, § 271.1)
2) Establishes eligibility requirements, including
maximum allowable resources, and income that is at or
below 130% 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.
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(Code of Federal Regulations, Title 7, § 273.9)
3) 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
student qualifies for one of the following exemptions:
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 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
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 (California
Department of Social Services) 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
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(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 a federally identified
programs, as specified.
(Code of Federal Regulations, Title 7, § 273.5)
State law establishes the CalFresh program to administer the
provision of federal SNAP benefits to families and individuals
meeting the eligibility criteria.
(Welfare and Institutions Code § 18900-18927)
CalFresh Employment and Training
http://www.cdss.ca.gov/cdssweb/PG128.htm
Federal law requires states to establish employment and
training programs for people who receive Supplemental
Nutrition Assistance Program (SNAP) benefits, and are not
exempt from employment and training requirements. Federal law
prohibits participants in employment and training programs
from participating in subsidized employment. (Code of Federal
Regulations, Title 7, § 273.7)
State law:
1) Established the CalFresh Employment and Training
Program (CalFresh E&T) for non-assistance CalFresh
recipients. Non-assistance recipients are people who
receive CalFresh benefits each month, but do not receive
a cash grant under the California Work Opportunity and
Responsibility to Kids program. The purpose of CalFresh
E&T is to assist members of CalFresh households in
gaining skills, training, work, or experience that will
increase their ability to obtain regular employment. (WIC
§ 18926.5.)
2) Requires a county that elects to participate in
CalFresh E&T to screen CalFresh work registrants to
determine whether they will participate in, or be
deferred from, the program. Current law defers from
mandatory placement in the CalFresh E&T program people
who meet one of the many exemptions in federal law,
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including veterans who have been honorably discharged,
physically or mentally unfit for employment, caring for a
dependent under age 6 or incapacitated person, and
students enrolled at least half-time in any recognized
school, training program, or institution of higher
education. (WIC § 18926.5)
3) Provides funding for community colleges with 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.
(Education Code § 79202 and § 79203)
4) Establishes the Community College Extended Opportunity
Programs and Services (EOPS) to increase the enrollment
of students who are affected by language, social and
economic disadvantages, improve the delivery of programs
and services to the disadvantaged, and increase the
number of students who successfully complete their chosen
educational objectives, are placed into career
employment, and transfer to four-year institutions. EOPS
is to supplement the regular educational programs of the
community college. Current law authorizes services to
include loans or grants to cover the provision of work
experience programs and job placement, among other
things. (EC § 69640-69656)
ANALYSIS
This bill requires the California Community Colleges
Chancellor's Office and the Department of Social Services to
identify categories of students who may meet specified
exemptions that may enable those students to qualify for
CalFresh benefits, and requires community colleges to provide
information about CalFresh eligibility to those students.
This bill also authorizes community colleges and the
California State University to enter into agreements with
counties to establish subsidized employment opportunities for
students who participate in CalFresh Employment and Training
programs. Specifically, this bill:
CalFresh
1) Requires the California Community College Chancellor's
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Office (CCCCO) and the Department of Social Services to
examine and interpret the exemptions to the prohibition
on student eligibility for CalFresh benefits, as allowed
by federal law, and 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 community colleges to provide documentation to
each student who is enrolled in a program identified as
one that may enable the student to qualify for an
exemption to the prohibition on student eligibility for
CalFresh benefits. This bill requires documentation to
be provided at the time the student develops an education
plan (as required by the Student Success Act), and at any
time a student requests the documentation.
CalFresh Employment and Training
Authorizes a county that elects to participate in the CalFresh
Employment and Training program to enter into an agreement
with a community college or a California State University to
establish subsidized employment opportunities, financed using
federal funds, for students who participate in the CalFresh
Employment and Training program.
STAFF COMMENTS
1) Senate Human Services Committee amendments . This bill
was heard by the Senate Human Services Committee on April
22, and passed this bill with the following amendments
that are to be adopted by this Committee (due to timing):
a) On page 3, at the end of line 11 insert "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."
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b) Modify Section 79230 (page 3, lines 12-20) as
follows "A community college shall provide
documentation to each student who is enrolled in a
program that has been identified pursuant to Section
79220 for the purpose of the applicant being able to
verify that he or she may qualify 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, this
requirement shall be satisfied by documentation
already provided to students enrolled in school,
including but not limited to, a class schedule or
education plan.
c) Modify subdivision (f) of Section 18926.5 (page
4, lines 30-36) as follows: "(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 .
(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,
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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.
2) CalFresh benefits . The CalFresh program, California's
implementation of the federal Supplemental Nutrition
Assistance Program (SNAP), issues monthly electronic
benefits to eligible participants that can be used to buy
most food at markets and grocery stores. Federal law
establishes eligibility requirements including maximum
allowable resources, and income that is at or below 130%
of the federal poverty level and is determined to be a
substantial limiting factor in permitting a recipient to
obtain a more nutritious diet (a monthly gross income of
$2,552 for a family of four in California). A family of
four may be eligible for up to $632 per month of CalFresh
benefits ($5.26 per person, per day).
As noted in the Senate Human Services Committee analysis of
this bill, California has been ranked last in the country
for years in SNAP participation rates, prompting concerns
from the United State Department of Agriculture, 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. 57% of eligible
individuals were enrolled in the program in 2011,
compared to a national average of 79%, and 44% of
California's eligible working poor families received
CalFresh benefits, compared to a national average of 67%.
3) Student eligibility for CalFresh . Federal law prohibits
students enrolled at least half-time in institutions of
higher education from eligibility in the federal Food
Stamp Program (CalFresh in California), unless the
student qualifies for an exemption. This bill requires
the California Community College Chancellor's Office and
the Department of Social Services (and as amended in the
Senate Human Services Committee, recommends the
California State University and the University of
California) to establish guidelines identifying
categories of students that may qualify for an exemption
and the programs in which enrollment may qualify a
student for an exemption. Examples include students who
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are enrolled in certain job training programs, are caring
for young children, be older than 50, or receiving
CalWORKs benefits (see #3 in Background). This bill, as
amended in the Senate Human Services Committee, requires
community colleges to provide documentation, such as a
class schedule or education plan, to each student to
enable the student to verify (when applying for CalFresh)
that he or she may qualify for an exemption to the
prohibition on student eligibility for CalFresh benefits.
This bill does not modify eligibility requirements;
affected students may already be eligible for CalFresh
benefits but are unaware that they may qualify.
4) Employment and Training . Federal law establishes an
Employment and Training (E&T) requirement in the federal
Supplemental Nutrition Assistance Program (CalFresh) for
recipients between ages 15 and 60, unless they are
otherwise exempt. Participants can be assigned to
various activities including job search, self-initiated
work, vocational training, basic education, job club and
other activities. Students who receive CalFresh benefits
may be required to participate in the E&T program.
Federal law prohibits E&T participants from participating
in subsidized employment, which includes campus-based
employment. This bill authorizes counties to enter into
an agreement with a community college or a California
State University to establish employment and training
programs, financed using federal (or federally matched)
funds if the agreement is approved by the United States
Department of Agriculture. These programs could create
supplemented employment opportunities on campuses for
students participating in the E&T program.
5) Community colleges and social services . Community
colleges currently coordinate with social services
agencies to provide support and services to students who
are attending community college and receiving assistance
through a variety of programs:
a) CalWORKs students receive services through
coordination between the colleges and the counties
including academic, career, and personal counseling
to focus goals and develop student education plans,
work study employment, job development and placement
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services and other benefits.
b) The Cooperative Agencies Resources for
Education Program offers educational support
services to CalWORKs recipients who are single heads
of household and are transitioning to employment.
6) Fiscal impact . This bill requires the California
Community College Chancellor's Office to undertake
specified activities and therefore creates a mandate.
7) Related legislation . AB 1930 (Skinner) requires 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. AB 1930 is scheduled to be
heard by the Assembly Human Services Committee on April
29.
SUPPORT
California Catholic Conference
California Food Policy Advocates
County Welfare Directors Association of California
Western Center on Law & Poverty
OPPOSITION
None on file.