AB 1930, as amended, Skinner. CalFresh: student eligibility.
Existing federalbegin delete law, the Food Stamp Act,end deletebegin insert lawend insert provides for the Supplemental Nutrition Assistance Program (SNAP), known in California asbegin delete CalFresh. The act allocatesend deletebegin insert CalFresh, formerly the Food Stamp Program, under whichend insert supplemental nutrition assistance benefitsbegin insert allocatedend insert to the statebegin delete to beend deletebegin insert
by the federal government areend insert distributed to eligible individuals by each county.begin delete The act generally requires each household member, as a condition of SNAP eligibility, to comply with specified work requirements, including participation in a Food Stamp Employment and Training (E&T) program administered by a state agency, as specified, unless an exemption applies. The act furtherend deletebegin insert Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal lawend insert provides that students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of severalbegin insert specifiedend insert
exemptions, includingbegin delete working at least 20 hours a week orend delete participating in specified employment trainingbegin delete programs, including an E&T program described above.end deletebegin insert programs.end insert
Existing law establishes the Community College Extended Opportunity Programs and Services (EOPS) to encourage local community colleges to establish and implement programs directed to identifying those students affected by language, social, and economic handicaps, and to assist those students to achieve their educational objectives and goals, including, but not limited to, obtaining job skills, occupational certificates, or associate degrees, and transferring to 4-year institutions.
This bill would require county human servicesbegin delete agenciesend deletebegin insert agencies,end insert in determining the eligibility and benefit level of a studentbegin delete subject to the student work requirement described above, to screen forend deletebegin insert for CalFresh benefits, to considerend insert all potential exemptionsbegin delete to that ruleend delete using a specified protocol. The bill wouldbegin delete require that students who participate in the EOPS program be considered exempt from the student work requirement as specified,end deletebegin insert
provide that, for the purposes of determining end insertbegin inserteligibility, the EOPS program is a specified employment training program, thereby qualifying a student participating in the EOPS program for an exemption,end insert unless prohibited by federal law. The bill would also require the State Department of Social Services, in consultation with representatives from other specified organizations, to establish a protocol tobegin delete screen forend deletebegin insert identify and grantend insert all potential exemptionsbegin delete to the ruleend delete and to identify and verify participation in the EOPSbegin delete program, criteria for self-initiated
placement,end deletebegin insert programend insert and other educationalbegin delete programsend deletebegin insert programs, including self-initiated placements,end insert that wouldbegin delete exempt a student from the student work requirement.end deletebegin insert qualify a student for an exemptionend insertbegin insert.end insert The bill would require the department to implement these provisions by all-county letters or similar instructions beginning no later than October 1, 2015, until regulations are adopted, and would require the department
to adopt regulations on or before October 1, 2017.begin insert
The bill would require the department to seek and obtain federal approval, as specified, prior to publishing that guidance or regulation, if the United States Department of Agriculture requires federal approval.end insert By imposing new duties on county welfare departments, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature to increase
2college graduation rates of low-income Californians and to reduce
3the incidence of economic hardship and hunger among low-income
4college students.
Section 18901.11 is added to the Welfare and
6Institutions Code, to read:
(a) In determining the eligibility and benefit level
8of a student subject to thebegin delete student work requirementend deletebegin insert eligibility ruleend insert
9 described inbegin delete subdivision (a) of Section 273.5 of Subpart C of Part begin insert Section 273.5(a)end insert of Title 7 of the Code of Federal Regulations,
10273end delete
11county human services agencies shallbegin delete screen forend deletebegin insert
considerend insert all
12potential exemptionsbegin delete to the requirementend deletebegin insert described in Section
13273.5(b) of Title 7 of the Code of Federal Regulations,end insert using the
14protocol establishedbegin delete inend deletebegin insert pursuant toend insert subdivision (c).
15(b) begin deleteStudents participating in end deletebegin insertFor the purposes of Section
16273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, end insertthe
17
Community College Extended Opportunity Programs and Services
18established pursuant to Article 8 (commencing with Section 69640)
19of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education
20Code shall be consideredbegin delete exempt from the student work begin insert an employment and training
21requirement pursuant to paragraph (11) of subdivision (b) of
22Section 273.5 of, and paragraph (1) of subdivision (e) of Section
23273.7 of, Subpart C of Part 273end delete
24program established pursuant to Section 273.7end insert of Title 7 of the
25Code of Federal Regulations, unless prohibited by federal law.
26(c) The department shall, in consultation with representatives
27of the office of the Chancellor of the
California Community
28Colleges, offices of the Chancellor of the California State
29University, University of California Chancellors’ offices, the
30California Workforce Investment Board, county human services
31agencies, and advocates for students and clients, establish a
P4 1protocol tobegin delete screen forend deletebegin insert identify and grantend insert all potential exemptions
2to thebegin delete requirement described in subdivision (a) of Section 273.5 begin insert
eligibility rule described in Section
3of Subpart C of Part 273end delete
4273.5(a)end insert
of Title 7 of the Code of Federal Regulations, and to
5identify and verify participation in the Community College
6Extended Opportunity Programsbegin delete and Services, criteria for and other educational
7self-initiated placement,end deletebegin delete programsend deletebegin insert programs,
8including, but not limited to, self-initiated placements,end insert that would
9exempt a student from thebegin delete student work requirement.end deletebegin insert eligibility
10rule described in Section 273.5(a) of Title 7 of the Code of Federal
11Regulations.end insert To the extent possible, this
consultation shall take
12place through existing workgroups convened by the department.
13(d) If the United States Department of Agriculture requires
14federal approval of the exemption designation established pursuant
15to subdivision (b) and the protocol established pursuant to
16subdivision (c), the department shall seek and obtain that approval
17before publishing the guidance or regulation required by
18subdivision (f).
19(d)
end delete
20begin insert(e)end insert begin insert(1)end insertbegin insert end insert This sectionbegin delete shallend deletebegin insert
doesend insert not require a county human
21services agency to offer a particular component, support services,
22or worker’s compensation to a student found eligible for an
23exemption pursuant tobegin delete subdivision (a).end deletebegin insert this section.end insert
24(e)
end delete
25begin insert(end insertbegin insert2)end insert This sectionbegin delete shallend deletebegin insert
doesend insert not restrict or require the use of
26federal funds for the financing of CalFresh E&T programs.
27(3) This section does not require a college or university to
28provide a student with information necessary to verify eligibility
29for CalFresh.
30(f) Notwithstanding the rulemaking provisions of the
31Administrative Procedure Act (Chapter 3.5 (commencing with
32Section 11340) of Part 1 of Division 3 of Title 2 of the Government
33Code), the department shall implement this section by all-county
34letters or similar instructions beginning no later than October 1,
352015, until regulations are adopted. The department shall adopt
36regulations implementing this section on or before
October 1,
372017.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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