BILL NUMBER: AB 2448 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 8, 2016
AMENDED IN SENATE MAY 11, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
INTRODUCED BY Assembly Member Burke
FEBRUARY 19, 2016
An act to amend Sections 11320.1, 11322.6, and 11322.85 of, and to
add Section 11325.3 to, the Welfare and Institutions Code, relating
to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2448, as amended, Burke. CalWORKs: welfare-to-work: education.
Existing law establishes the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families using federal, state, and county funds. Existing law
establishes a 48-month lifetime limit of CalWORKs benefits for
eligible adults, as specified. Existing law requires a
recipient of CalWORKs to participate in certain
welfare-to-work activities as a condition of eligibility.
eligibility for 24 cumulative months, as
specified, and to meet other federal requirements, as specified.
Existing law provides that participation in certain activities is not
counted against that 24-month period. Existing law requires
the county to assign a CalWORKs recipient who lacks a high school
diploma or its equivalent to participate in adult basic education, if
the recipient has completed job search activities but did not find
employment and the education is needed to become employed. Existing
law also requires, in order for a recipient to engage in adult basic
education in satisfaction of welfare-to-work requirements, the county
to perform an assessment and develop a welfare-to-work plan that
includes participation in the educational activity.
This bill would instead provide that if the county determines that
a CalWORKs recipient has not received his or her high school diploma
or its equivalent, the recipient may participate in a high school
equivalency program in order to complete a high school equivalency
test recognized by the State Department of Education.
Education, and that a specified amount of time
participating in that activity would not count against the 24-month
period described above for certain recipients. The bill would
authorize the a recipient to
participate in a high school equivalency program in lieu of
participating in a job search or job club, as specified,
and would prohibit the a county from
requiring the recipient to participate in an assessment before the
recipient may engage in a high school equivalency program in
satisfaction of welfare-to-work requirements.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11320.1 of the Welfare and Institutions Code is
amended to read:
11320.1. Subsequent to the commencement of the receipt of aid
under this chapter, the sequence of employment-related activities
required of recipients under this article, unless exempted under
Section 11320.3, shall be as follows:
(a) Orientation and appraisal. Recipients shall, and applicants
may, at the option of a county and with the consent of the applicant,
receive orientation to the welfare-to-work program provided under
this article and receive appraisal pursuant to Section 11325.2.
(b) After orientation and appraisal, recipients shall participate
in job search and job club pursuant to Section 11325.22, family
stabilization pursuant to Section 11325.24, a high school equivalency
program pursuant to Section 11325.3, or substance abuse, mental
health, or domestic violence services, unless the county determines
that the recipient should first go to assessment pursuant to
subdivision (c).
(c) Assessment. If employment is not found during the period
provided for pursuant to subdivision (b), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment or that, based on information gathered during the
appraisal, further information is needed to make an effective
determination regarding the recipient's next welfare-to-work
activity, the recipient shall be referred to assessment, as provided
for in Section 11325.4. Following assessment, the county and the
recipient shall develop a welfare-to-work plan, as specified in
Section 11325.21. The plan shall specify the activities provided for
in Section 11322.6 to which the recipient shall be assigned, and the
supportive services, as provided for pursuant to Section 11323.2,
with which the recipient will be provided.
(d) Work activities. A recipient who has signed a welfare-to-work
plan pursuant to Section 11325.21 shall participate in work
activities, as described in this article.
SEC. 2. Section 11322.6 of the Welfare and Institutions Code is
amended to read:
11322.6. The welfare-to-work plan developed by the county welfare
department and the participant pursuant to this article shall
provide for welfare-to-work activities. Welfare-to-work activities
may include, but are not limited to, any of the following:
(a) Unsubsidized employment.
(b) Subsidized private sector employment.
(c) Subsidized public sector employment.
(d) Work experience, which means public or private sector work
that shall help provide basic job skills, enhance existing job skills
in a position related to the participant's experience, or provide a
needed community service that will lead to employment. Unpaid work
experience shall be limited to 12 months, unless the county welfare
department and the recipient agree to extend this period by an
amendment to the welfare-to-work plan. The county welfare department
shall review the work experience assignment as appropriate and make
revisions as necessary to ensure that it continues to be consistent
with the participant's plan and effective in preparing the
participant to attain employment.
(e) On-the-job training.
(f) (1) Grant-based on-the-job training, which means public or
private sector employment or on-the-job training in which the
recipient's cash grant, or a portion thereof, or the aid grant
savings resulting from employment, or both, is diverted to the
employer as a wage subsidy to partially or wholly offset the payment
of wages to the participant, so long as the total amount diverted
does not exceed the family's maximum aid payment.
(2) A county shall not assign a participant to grant-based
on-the-job training unless and until the participant has voluntarily
agreed to participate in grant-based on-the-job training by executing
a voluntary agreement form, which shall be developed by the
department. The agreement shall include, but not be limited to,
information on the following:
(A) How job termination or another event will not result in loss
of the recipient's grant funds, pursuant to department regulations.
(B) (i) How to obtain the federal Earned Income Tax Credit (EITC),
including the Advance EITC, and increased CalFresh benefits, which
may become available due to increased earned income.
(ii) This subparagraph shall only become operative when and to the
extent that the department determines that it reflects current
federal law and Internal Revenue Service regulations.
(C) How these financial supports should increase the participant's
current income and how increasing earned income should increase the
recipient's future social security income.
(3) Grant-based on-the-job training shall include community
service positions pursuant to Section 11322.9.
(4) Any portion of a wage from employment that is funded by the
diversion of a recipient's cash grant, or the grant savings from
employment pursuant to this subdivision, or both, shall not be exempt
under Section 11451.5 from the calculation of the income of the
family for purposes of subdivision (a) of Section 11450.
(g) Supported work or transitional employment, which means forms
of grant-based on-the-job training in which the recipient's cash
grant, or a portion thereof, or the aid grant savings from
employment, is diverted to an intermediary service provider, to
partially or wholly offset the payment of wages to the participant.
(h) Workstudy.
(i) Self-employment.
(j) Community service.
(k) Adult basic education, which shall include reading, writing,
arithmetic, high school proficiency, or a high school equivalency
program, and English as a second language. Participants under this
subdivision shall be referred to appropriate service providers that
include, but are not limited to, educational programs operated by
school districts or county offices of education that have contracted
with the Superintendent of Public Instruction to provide services to
participants pursuant to Section 33117.5 of the Education Code.
( l ) Job skills training directly related to
employment.
(m) Vocational education and training, including, but not limited
to, college and community college education, adult education,
regional occupational centers, and regional occupational programs.
(n) Job search and job readiness assistance, which means providing
the recipient with training to learn job seeking and interviewing
skills, to understand employer expectations, and learn skills
designed to enhance an individual's capacity to move toward
self-sufficiency, including financial management education.
(o) Education directly related to employment.
(p) Satisfactory progress in secondary school or in a course of
study leading to completion of a high school equivalency program, in
the case of a recipient who has not completed secondary school or a
high school equivalency program, as described in Section 11325.3.
(q) Mental health, substance abuse, and domestic violence
services, described in Sections 11325.7 and 11325.8, and Article 7.5
(commencing with Section 11495), that are necessary to obtain and
retain employment.
(r) Other activities necessary to assist an individual in
obtaining unsubsidized employment.
(s) Assignment to an educational activity identified in
subdivisions (k), (m), (o), and (p) is limited to those situations in
which the education is needed to become employed.
SEC. 3. Section 11322.85 of the Welfare and Institutions Code is
amended to read:
11322.85. (a) Unless otherwise exempt, an applicant or recipient
shall participate in welfare-to-work activities.
(1) For 24 cumulative months during a recipient's lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual's
welfare-to-work plan, as described in Section 11325.21, to meet the
hours required in Section 11322.8. These 24 months need not be
consecutive.
(2) Any month in which the recipient meets the requirements of
Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph (1).
(3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall
participate in one or more of the following welfare-to-work
activities, in accordance with Section 607(c) and (d) of Title 42 of
the United States Code as of the operative date of this section, that
are consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual's welfare-to-work
plan, described in Section 11325.21:
(A) Unsubsidized employment.
(B) Subsidized private sector employment.
(C) Subsidized public sector employment.
(D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
(E) On-the-job training.
(F) Job search and job readiness assistance.
(G) Community service programs.
(H) Vocational educational training (not to exceed 12 months with
respect to any individual).
(I) Job skills training directly related to employment.
(J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a certificate
of high school equivalence.
(K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.
(L) The provision of child care services to an individual who is
participating in a community service program.
(b) Any month in which any of the following conditions exists
shall not be counted as one of the 24 months of participation allowed
under paragraph (1) of subdivision (a):
(1) The recipient is participating in job search in accordance
with Section 11325.22, assessment pursuant to Section 11325.4, is in
the process of appraisal as described in Section 11325.2, or is
participating in the development of a welfare-to-work plan as
described in Section 11325.21.
(2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.
(3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.
(4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.
(5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.
(6) The recipient is participating in family stabilization
pursuant to Section 11325.24, and the recipient would meet the
criteria for good cause pursuant to Section 11320.3. This paragraph
may apply to a recipient for no more than six cumulative months.
(7) The recipient is has been
participating in a high school equivalency program pursuant to
Section 11325.3. 11325.3 for at least six
months, but has not yet obtained a certificate of high school
equivalency. This paragraph may apply to a recipient for no more than
six cumulative months, which may be extended for no more than an
additional six cumulative months based on a likelihood that the
recipient will obtai n his or her certificate of high
school equivalency during that time period.
(c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a)
written notice describing the 24-month time limitation described in
that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.
(d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient's
annual redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.
(e) The notice described in this section shall include, but shall
not be limited to, all of the following:
(1) The number of remaining months the adult recipient may be
eligible to receive aid.
(2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.
(3) The manner in which the recipient may dispute the number of
months counted toward the 24-month time limit.
(4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3) of
subdivision (a).
(5) The opportunity for an exemption to, or extension of, the
24-month time limitation.
(f) For an individual subject to the requirements of paragraph (3)
of subdivision (a), who is not exempt or granted an extension, and
who does not meet those requirements, the provisions of Sections
11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent
consistent with the requirements of this section. For purposes of
this section, the procedures referenced in this subdivision shall not
be described as sanctions.
(g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing and
engagement requirements for the 24-month time limit, and shall
instruct counties via an all-county letter, followed by regulations,
no later than 18 months after the effective date of the act that
added this section.
(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).
(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who has
received assistance under this chapter, or from any state pursuant
to the Temporary Assistance for Needy Families program (Part A
(commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013,
may continue in a welfare-to-work plan that meets the requirements of
Section 11322.6 for a cumulative period of 24 months commencing
January 1, 2013, unless or until he or she exceeds the 48-month time
limitation described in Section 11454.
(2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).
SEC. 4. Section 11325.3 is added to the Welfare and Institutions
Code, to read:
11325.3. (a) If, in the course of appraisal pursuant to Section
11325.2, it is determined that the recipient has not received his or
her high school diploma or its equivalent, the recipient shall be
eligible to participate in a high school equivalency program in order
to complete the High School Equivalency Test, General Education
Development Test, Test Assessing Secondary Completion, or any other
high school equivalency test recognized by the State Department of
Education.
(b) This section does not require a recipient to participate in a
high school equivalency program. A recipient may choose to engage in
a job club or a job search pursuant to Section 11325.22.
(c) Recipients eligible pursuant to this section shall not be
required to participate in an assessment pursuant to Section 11325.4
prior to, or as a condition of, participation in a high school
equivalency program.