BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 2448
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|Author: |Burke |
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|Version: |April 6, 2016 |Hearing | May 10, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Taryn Smith |
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Subject: CalWORKs: welfare-to-work: education
SUMMARY
The bill will authorize a CalWORKs recipient who has not
received a high school diploma or its equivalent to participate
in a high school equivalency program, as specified, in lieu of
participating in a job search or job club, and it would prohibit
the 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.
ABSTRACT
Existing law:
1) Establishes the federal Temporary Assistance for Needy
Families (TANF) program, which permits states to implement
the program under a state plan. (42 USC § 601 et seq.)
2) Establishes in state law the California Work Opportunity
and Responsibility to Kids (CalWORKs) program to provide
cash assistance and social services for low-income
families. Under CalWORKs, each county provides assistance
through a combination of state, county and federal TANF
funds. (WIC 10530, WIC 11200)
AB 2448 (Burke) PageB
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3) Establishes income, asset and real property limits to
determine eligibility for CalWORKs program participants,
including net income below the Maximum Aid Payment (MAP),
based on family size and county of residence. (WIC 11150
to 11160, 11450 et seq.)
4) Establishes a 48-month lifetime limit of CalWORKs
benefits for eligible adults, which includes a requirement
that a recipient must meet federal work requirements for 24
months in order to retain eligibility. (WIC 11454,
11322.85)
5) Generally requires a recipient of CalWORKs benefits to
participate in welfare-to-work activities as a condition of
eligibility for aid. (WIC 11320 et seq.)
6) Mandates the sequence of employment-related activities a
CalWORKs participant must engage in subsequent to the
receipt of aid, unless otherwise exempted under Section
11320.3. (WIC 11320.1)
7) Requires all recipients over 16 years of age, unless
they are otherwise exempt, to participate in specified
welfare-to-work activities as a condition of eligibility
for CalWORKs. (WIC 11320.3)
8) Establishes qualifying welfare-to-work activities to
include employment, on-the-job training, community service,
adult basic education, and other specified activities. (WIC
11322.6)
9) Establishes the number of weekly hours of
welfare-to-work participation necessary to remain eligible
for aid, including requirements for an unemployed parent in
a two-parent assistance unit, as specified. (WIC 11322.8)
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This bill:
1)Adds participation in a high school equivalency program to the
list of permissible welfare-to-work activities a CalWORKs
participant is required to engage in after orientation and
appraisal, as specified.
2)Requires that any month in which a CalWORKs recipient
participates in a high school equivalency program, as
specified, shall not be counted against that recipient's
"24-month clock."
3)Removes the requirement that assignments to certain
educational activities are limited to situations in which the
education is needed to become employed.
4)Removes the following from the list of one or more
welfare-to-work activities a CalWORKs recipient must
participate in after the 24-month clock is exhausted;
a. Education that is directly related to employment,
for recipients who have not received a high school
diploma or certificate of equivalency, and
b. Satisfactory attendance at a secondary school or a
course of study leading to a certificate of general
equivalence, for recipients who have not completed
secondary school or received such a certificate.
5)Permits a CalWORKs recipient to participate in a high school
equivalency program if it is determined during the appraisal
that the recipient not yet received his or her high school
diploma or its equivalent, as specified.
6)Exempts a CalWORKs recipient who is determined to not have yet
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received his or her high school diploma or its equivalent from
having to participate in an assessment prior to, or as a
condition of, participation in a high school equivalency
program.
FISCAL IMPACT
This bill has been keyed as non-fiscal.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, AB 2448 intends to alleviate the
pressure facing CalWORKs participants who are under the 24-month
clock, and specifically for those working towards high school
equivalency. Under current law, recipients would have to obtain
high school equivalency while under the 24-month clock and find
employment or risk penalties. To mitigate this time restraint,
this bill will guarantee a pre-assessment period where the
24-month clock is not activated as long as the participant is
making sufficient progress toward high school equivalency, per
the author.
CalWORKs
According to the U.S. Census Bureau, California's poverty rate
during 2011-13 was 23.4 percent. This rate was measured by using
the Supplemental Poverty Measure, which takes into account
housing costs and other factors. The Census Bureau also reports
that more than 2 million of California children were living in
poverty in 2014.
California's most essential anti-poverty strategy is the
CalWORKs program, which provides cash assistance to
approximately 540,000 families - including more than 1 million
children, according to 2014 federal data. The CalWORKs program
provides monthly income assistance and employment-related
services aimed at moving children out of poverty and helping
families meet basic needs. Federal funding for CalWORKs comes
from the TANF block grant. In addition to temporary cash
assistance to meet basic family needs, CalWORKs provides
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education, employment and training programs. CDSS is the
designated state agency responsible for program supervision at
the state level. The counties are responsible for administering
the caseloads at the local level. The CalWORKs program is
funded with a mix of federal, state, and county funds.
In order to be eligible for CalWORKs, families must meet income
and asset tests. In addition, children must be deprived of
parental support and care due to the incapacity, death or
absence of apparent or unemployment of the principal
wage-earner. Persons fleeing to avoid prosecution, custody or
confinement after conviction of a felony are not eligible for
CalWORKs. Per the 2016-2017 Governor's budget, the average
monthly grant for a CalWORKs household is $497.35 and the
maximum aid payment for a family of three is $704, or 42 percent
of Federal Poverty Level.
Welfare-to-Work Requirements
State law provides for a cumulative 48-month lifetime limit on
cash aid for adults. During those 48 months, adults may receive
a total of 24 months of Welfare-to-Work (WTW) services and
activities. WTW activities include subsidized and unsubsidized
employment, community service, adult basic education, community
college, job skills, training, mental health counseling,
substance abuse treatment and other activities necessary to
assist recipients in obtaining employment.
Unless they are exempt, an adult in a one parent assistance unit
is required to participate in WTW activities for an average of
30 hours per week during the month or an average of 20 hours per
week for a parent with a child under age six. In a two-parent
assistance unit, one or both adults must participate in WTW
activities for a combined average of 35 hours per week.
Once the 24 months of WTW activities have been exhausted, adults
must meet the stricter federal work participation requirements
(20, 30, or 35 hours weekly, depending on family composition)
unless they are exempt or receive an extension. If a CalWORKs
recipient who is not exempt from participation does not meet the
welfare-to-work requirements, the recipient may be sanctioned,
and that recipient's portion of the family's grant may be
subtracted from the amount provided to the family.
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Educational attainment
According to a report issued by US Department of Labor's Bureau
of Labor Statistics, in 2014, 18.3 percent of the working poor
had not obtained a high school diploma and 8.3 percent of the
working poor had obtained a high school diploma, but no college
education.<1> In a separate report by the Bureau of Labor
Statistics, the average weekly income for a worker with less
than a high school diploma in 2015 was $493. The same report
shows high school graduates earning $678 per week. Additionally,
unemployment rates for a worker with less than a high school
diploma were about 8%, which was almost double that of the
national average. <2>
Related legislation:
AB 1994 (Lopez) creates the CalED program to provide a onetime
$500 supplement to eligible CalWORKs participants upon
successful completion of a high school equivalency examination.
AB 2058 (Mayes) creates the CalWORKs Educational Opportunity and
Attainment Program and awards grant increases to CalWORKs
recipients upon completion of educational limestones, as
specified.
COMMENTS
This bill currently eliminates some educational options from the
current list of one or more WTW activities a recipient must
participate in after the 24 month time clock is exhausted. This
was reportedly a drafting error. Therefore, the following
amendments are suggested in order to correct unintended and
technical drafting errors and to reinstate existing law.
On page 5, line 22:
(s) Assignment to an educational activity identified
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<1> http://www.bls.gov/opub/reports/working-poor/2014/home.htm
<2> http://www.bls.gov/emp/ep_chart_001.htm
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in subdivisions (k), (m), and (o) , and (p) is limited to those
situations in which the education is needed to become employed.
On page 6, line 21:
(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 equivalency
(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 .
(K) (L) The provision of child care services to an individual
who is participating in a community service program.
PRIOR VOTES
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|Assembly Floor: |76 - |
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|Assembly Human Services Committee: |6 - |
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POSITIONS
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Support:
County Welfare Directors Association of California(Sponsor)
California Catholic Conference, Inc.
Alameda County Board of Supervisors
Oppose:
None received.
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