BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 743 ----------------------------------------------------------------- |Author: |Eggman | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |June 1, 2015 |Hearing | July 14, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- Subject: CalWORKs: eligibility: work activities SUMMARY This bill exempts from consideration as income or property in determining CalWORKs eligibility any education, training, vocation, or rehabilitation benefits provided through the U.S. Department of Veterans Affairs for active duty personnel, veterans, dependents, or spouses, as specified. Additionally, it exempts a participant in a self-initiated education and training program (SIP) from the requirement that the person participate in job search activities. The bill would also exempt hours of participation in a SIP from the 24-month time clock, as specified. The bill authorizes study time, as defined by the educational institution, to be counted toward the participant's minimum work participation hours requirements. Additionally the bill requires that supportive services be provided to a person participating in a SIP until an assessment has been completed, if an assessment is found to be necessary. The bill requires that a course schedule approved by a college counselor be deemed sufficient verification of the need for child care. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. ABSTRACT Existing law: AB 743 (Eggman) PageB of? 1) Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan, and stablishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (42 USC § 601 et seq.)(WIC 10530) 2) Establishes eligibility for aid under the CalWORKs program, including income and asset requirements and exemptions from considering certain income and assets in determining eligibility. (WIC 11250) 3) Requires CalWORKs recipients to participate in a welfare-to-work plan, unless exempted and as defined, in order to remain eligible for CalWORKs benefits, (WIC 11320.3.) and defines the scope and sequence of activities (WIC 11320.1) 4) Establishes the right of a recipient who is enrolled in an undergraduate degree or certificate program at the time of enrollment in the CalWORKs program to continue in this "self-initiated program," (SIP) if the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. (WIC 11325.23) 5) Requires that an applicant or recipient participate in welfare-to-work activities, including specified hours in specified activities within the first 24 months, and other federally identified activities to maintain eligibility in the program after 24 months, until the 48-month lifetime limit on aid is exhausted. (WIC 11322.85) 6) Exempts individuals from the requirement to participate in job search activities, as defined, who are participating in Cal-Learn, or are a custodial parent under age 20 and AB 743 (Eggman) PageC of? completing a high school diploma, as defined. (WIC 11325.22. (a) (1)) 7) Requires that at the time a recipient enters the welfare-to-work program, the county shall conduct an appraisal, as specified, to gather and provide information about the recipient including educational and employment history, housing and stability, domestic violence, physical and behavioral health, and others. (WIC 11325.2) 8) Exempts participants in a SIP from the requirement to participate in an assessment prior to beginning welfare-to-work activities, unless the county determines that the assessment is necessary to meet required work-participation hours, (WIC 11325.22 (a)(2)(C)) 9) Requires that individuals who participate in SIPs be reimbursed for supportive services, and that reimbursement shall be provided if no other source of funding for those costs is available. (WIC 11325.23) 10) Requires that if an individual fails or refuses to comply with program requirements without good cause in a program component to which he or she is assigned or with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions, as specified (WIC 11327.4) This bill: 1) Names this bill the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015. 2) Exempts from consideration as income or property when determining eligibility for the CalWORKs program any education, training, vocation or rehabilitation benefits, as defined, provided by the U.S. Department of Veterans Affairs for active duty personnel, veterans, or dependents AB 743 (Eggman) PageD of? or spouses of those who died in the line of duty or have a service connected disability. 3) Removes a SIP from the mandated activities and time frames in the state's the 24-month clock, and makes corresponding changes to existing law. 4) Exempts individuals in a SIP from the requirement to be assigned to four consecutive weeks in job club and job search activities in order to maintain eligibility for CalWORKs benefits. 5) Adds to the statutory requirement that a county must determine that an assessment is necessary to develop a welfare-to-work plan for a person in a SIP, as specified, the requirement that if an assessment is required, it be scheduled at a time that does not interfere with a person's SIP, employment or child care obligations and that the person continue to receive supportive services until the assessment has been completed. 6) Establishes that the definition of "satisfactory progress" that is required for ongoing participation in a SIP is determined by the educational or vocational institution. 7) Establishes that a list of programs that are determined to lead to employment within the SIP program must be approved by the county annually, instead of agreed upon by the county and local education agency or provider. 8) Adds study time to classroom, laboratory and internship activities that are required to be counted toward participation requirements for the SIP program. 9) Establishes that a schedule approved by a college counselor is sufficient verification of necessary child care hours to determine eligibility for child care services, and deletes the requirement that reimbursement for child care shall be provide if no other source of funding for those costs is available. 10) Removes the potential for sanctioning an individual in a SIP for failing or refusing to comply with program AB 743 (Eggman) PageE of? requirements. 11) Mandates that an individual in a SIP that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as defined. 12) Requires that no appropriation, as defined, be made in implementing this act. FISCAL IMPACT According to an Assembly Appropriations Committee analysis, this bill would result in ongoing costs in the range of $60,786 to $300,900 (Federal funds/GF) for CalWORKs caseload increases and increased grant amounts for those already receiving aid, due to the expanded exemption of veterans' benefits. A portion of new recipients will likely qualify for additional services as well, such as child care, which will increase these costs further. Additionally, the Assembly Appropriations Committee analysis identified minor administrative costs to the Department of Social Services (DSS) resulting from other provisions in the bill. BACKGROUND AND DISCUSSION Purpose of the bill: This bill makes several changes in the CalWORKs program to make it easier for a beneficiary to go to college and obtain a degree or certificate. It removes the requirement that beneficiaries who are working toward a degree or certificate additionally participate in the welfare-to-work job search program. It requires that a SIP should include study time, and prohibits a county eligibility worker from disregarding student expenses when a CalWORKs beneficiary is receiving military educational benefits, as defined. The author writes that schoolwork should be considered a priority and component of the Welfare-to-Work Program. This bill would eliminate the requirement that CalWORKs recipients who AB 743 (Eggman) PageF of? participate in an employment training or education program also participate in the job search component of CalWORKs welfare-to-work program before their certificate or degree is completed. According to the author, studies have shown higher education is the best pathway out of poverty and into a stable, well-paying job. AB 743 provides a clearer path for students living in poverty to attend and more importantly, complete their degree or certificate, the author states. Poverty and Education California has the highest poverty rate in the nation - just under one-quarter of residents are living at or below the federal poverty level (FPL), earning no more than $20,090 per year for a family of three. According to a 2009 paper by the National Bureau of Economic Research there is a strong link between middle-class income and the receipt of a college degree: "While thirty years ago a high school degree was sufficient for financial security, it is now a college degree that is the key to a middle-class lifestyle."<1> A 2014 report by the Pew Research center, underscored the ongoing significance of a college education: "On virtually every measure of economic well-being and career attainment-from personal earnings to job satisfaction to the share employed full time-young college graduates are outperforming their peers with less education. And when today's young adults are compared with previous generations, the disparity in economic outcomes between college graduates and those with a high school diploma or less formal schooling has never been greater in the modern era."<2> The report included the chart, below. CalWORKs --------------------------- <1> Deming, David, et al.,"Into College, Out of Poverty? Policies to Increase the Postsecondary Attainment of the Poor," National Bureau of Economic Research, September 2009 <2> Pew Research Center, "The Rising Cost of Not Going to College," November 2014 AB 743 (Eggman) PageG of? One of California's most essential anti-poverty strategies is the California Work Opportunity and Responsibility to Kids program (CalWORKs), which provided cash assistance to approximately 540,000 families in 2014, including more than 1 million children. Federal funding for CalWORKs comes from the TANF block grant. Currently, the maximum grant for a family of three in a high-cost California county is $704 per month, or $8,448 per year -- approximately 42 percent of the federal poverty level (FPL). In 1989, a grant to a similar family was worth about 81 percent of FPL, and 55 percent in 1997. Part of the reason for this decline has been a series of changes over the past five years including significant grant cuts, the elimination of a Cost of Living Adjustment, and a major restructuring of the welfare-to-work activities, requirements and time limits. Adults in the program have gone from a 60-month lifetime limit on CalWORKs aid to a 48-month limit, with strict requirements on work participation to remain in the program after 24 months. Self initiated programs A CalWORKs participant who is entering the program and already is participating in an undergraduate degree or certificate program may enter into a SIP. SIP participants must be enrolled in a program and the county must determine that continuing in the program is likely to lead to self-supporting employment. Various counties may apply the SIP differently. In order to be enrolled as a SIP, a CalWORKs beneficiary may not already have a bachelor's degree, certificate or vocational license. SIPs must comply with weekly educational activities, and they are eligible for child care and other supportive services, providing they make satisfactory progress in their program. Under current law, a CalWORKs recipient can remain in an educational program - in lieu of work activity - for the first 24 months of benefits due to the flexibility of the 24-month time clock. A SIP may continue in the educational program for a year after the end of the 24-month clock due to a one-year federal allowance for educational activities. If a SIP has not completed the school program in those three years, the individual then must meet federal work-participation requirements to remain eligible for CalWORKs benefits. According to CDSS, there are about 6,000 SIPs in the CalWORKs caseload. AB 743 (Eggman) PageH of? GI Bill The original GI Bill was enacted by Congress to help pave an easy transition for World War II veterans returning home. Although the bill provided a variety of benefits, including down-payments on homes, one of its best-known benefits was to provide tuition payments for servicemen. In 2008, a "Post-9/11 GI Bill" was enacted to provide enhanced educational benefits, money for books and a living allowance to veterans with active duty service on or after September 11, 2001. The bill allows veterans to transfer any unused educational benefits to their spouses or children, within specified allowances. According to September 2014 estimates from the US Department of Veterans Affairs, more than 1.8 million veterans lived in California, or about one in eight of the 22 million veterans in the United States. Another 156,000 active duty military personnel lived in California as of 2012. Existing law currently exempts G.I. Bill education benefits from calculation in CalWORKs eligibility, but the statute is silent as to whether housing stipends available for post-911 GI Bill recipients or education benefits received by survivors are exempt from consideration under the CalWORKs program. COMMENTS This bill makes substantial changes to the structure of the CalWORKs program for individuals who are engaged in study leading to a degree or certification through a SIP. Research links attainment of a college degree with higher income, and advocates have argued that enabling CalWORKs recipients who want to earn a degree is one of the surest paths out of poverty. Advocates and the author say this bill is in response to concerns statewide that there are barriers within the CalWORKs program that prevent participants from pursuing educational activities. Should this bill be passed from this committee, staff recommends the author address all of the following concerns prior to being heard in the next committee: 1. 24-month clock: Removal of the SIP from the 24-month AB 743 (Eggman) PageI of? time clock (section 4) would eliminate the opportunity to participate in associated welfare-to-work services, such as Family Stabilization. If the intent is not for SIPs to lose all 24-month clock services, the author needs to make that clarification. 2. Determining progress: This bill removes the county's authority to determine if a SIP is making satisfactory educational progress and vests that authority instead with the SIPs educational or vocational institution. Similarly, the bill authorizes the educational institution to determine if a program of study is leading to employment, rather than requiring that it be determined jointly with the county. (Sections 4 and 5). There are concerns that some institutions may have less rigorous standards in making these determinations. The author needs to clarify who makes the decision or how it is made. 3. Defining a SIP: This bill appears to remove the criteria for becoming a SIP, which had been to be enrolled in an educational program prior to obtaining CalWORKs authorization. (Section 5) Under the bill, a SIP may be anyone who is enrolled in any undergraduate degree or certificate program that leads to employment. The author should clarify if there is a distinction between individuals in CalWORKs who are pursuing education through a welfare-to-work plan from individuals pursuing education through a SIP. The author also should clarify how the county makes such a distinction. 4. Child care verification: This bill enables a SIP to provide a schedule approved by a college counselor in order to establish eligibility for child care. (Section 5) This attempt to solve the problem of participants whose official schedules are released so close to the beginning of school that they are unable to set up child care before classes start. The Department of Social Services has indicated an interest in continued discussion of this problem and resolution. Should the bill move forward, the author may wish to attempt to resolve this issue via a work group in order to more precisely identify the resolution. Additionally, in order to clarify language around who may receive the benefit exemptions, staff recommends making the AB 743 (Eggman) PageJ of? following amendment to Section 2 of the bill as follows: 11250.8. (b) Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active dutypersonnel,personnel or veterans, anddependents,dependents or spouses of those who either died in the line of duty or have a service-connected disability, shall be totally exempt from consideration as income or property for purposes of determining eligibility or available income or property for purposes of this chapter. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |53 - | | |25 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |12 - | | |5 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |5 - | | |2 | ----------------------------------------------------------------- POSITIONS Support: Western Center on Law and Poverty (Sponsor) California Partnership California School Employees Association Courage Campaign National Association of Social Workers Oppose: None received. -- END --