BILL ANALYSIS �
AB 1930
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1930 (Skinner) - As Amended: April 21, 2014
SUBJECT : CalFresh: student eligibility
SUMMARY : Improves access to CalFresh benefits for eligible,
needy college students. Specifically, this bill :
1)States the intent of the Legislature to increase college
graduation rates of low-income Californians and to reduce the
incidence of economic hardship and hunger among low-income
college students.
2)Requires the Department of Social Services (DSS), in
consultation with the office of the Chancellor of the
California Community Colleges, county human services agencies,
advocates and other stakeholders, as specified, to establish a
protocol to screen CalFresh applicants for all potential
exemptions to the CalFresh student work rule, and to identify
and verify participation in the Community College Expended
Opportunity Programs and Services or other educational
programs that would exempt a student from the student work
requirement.
3)Requires county human services agencies to screen students
applying for CalFresh for all potential exemptions to the
student work requirement pursuant to the newly established
protocol.
4)Requires students participating in the Community College
Extended Opportunity Programs and Services, as specified, to
be considered exempt from the CalFresh student work
requirement, unless prohibited by federal law.
5)Clarifies human services agency duties pertaining to use of
the newly established screening protocol, and clarifies that
the provisions of this bill shall not restrict or require the
use of federal funds for the financing of CalFresh Employment
and Training programs.
EXISTING LAW
AB 1930
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1)Establishes, under federal law, the Supplemental Nutrition
Assistance Program (SNAP), pursuant to the Food Stamp Act of
1964 and subsequent revisions, and establishes, in California
law, the CalFresh program to administer the provision of
federal SNAP benefits to low-income families and individuals
meeting specified eligibility criteria. (7 U.S.C. 2011 et
seq., WIC 18900 et seq.)
2)Establishes, under federal law, eligibility requirements for
receipt of SNAP benefits, including 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. (7 CFR 273.9)
3)Prohibits federal Food Stamp Program eligibility for an
individual who is enrolled at least half-time in an
institution of higher education unless the individual
qualifies for an exemption, as specified. (7 CFR 273.5)
4)Provides funding for community colleges that educate students
who are enrolled in the CalWORKs program, such as designing
specific curriculum offerings, and creating work experience
and internships. (EDC 79202, EDC 79203)
5)Establishes the Community College Extended Opportunity
Programs and Services (EOPS) to encourage local community
colleges to establish and implement programs that identify
students who face language, social, and economic barriers to
education, and to help those students achieve their
educational objectives and goals, as specified. (EDC 69640)
6)Defines extended opportunity program as a special program or
method of instruction designed to facilitate the language,
educational, or social development of a student and increase
his or her potential for success in the college. Defines
extended opportunity services as a program of assistance
designed to aid students with socioeconomic barriers to
education to permit them to enroll in and participate in the
educational activities of the college, and to progress toward
completing their educational goals and objectives, including,
but not limited to, graduation from college. (EDC 69642)
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7)Outlines the methods that a community college may extend
services to students including through loans or grants to
cover living costs, student fees, transportation and provision
of work experience programs and job placement. (EDC 69650)
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to ensure needy students who are
actively participating in their education plans, and who meet
all other eligibility requirements for CalFresh, are adequately
screened for exemptions from federal work requirements for
students applying for or receiving SNAP benefits.
CalFresh : Nutrition benefits provided through the CalFresh
program are funded entirely by the federal government through
the Supplemental Nutrition Assistance Program (SNAP). The
United States Department of Agriculture (USDA) sets specific
eligibility requirements for SNAP programs across the United
States, including gross and net income tests, work requirements,
and other documentation requirements. CalFresh is administered
locally by county human services agencies, and the federal,
state, and county governments share in the cost of
administration of the program.
The maximum allowable gross income for CalFresh is 130% of the
federal poverty level (FPL), and households with elderly or
disabled members are not subject to gross income criteria but
must have a net monthly income at or below 100% of the FPL.
Other households must meet both gross and net monthly income
tests. The average monthly benefit for a CalFresh recipient is
$153.13 per month, or $5.10 per person per day.
Food insecurity : During the past decade, the number of families
experiencing food insecurity, meaning they lacked access to
enough food for a healthy life for all household members, has
increased. Nationally, the USDA reported an estimated 14.5% of
American households were food insecure at least some time during
the year in 2012. According to data from the California Health
Interview Survey (CHIS), at least 4 million low-income
Californians struggled with food insecurity during 2011-12. A
research brief published in 2012 by UCLA's Center for Health
Policy Research and the California Food Policy Advocates noted
that in 2009, more than 4 in 10 Californian adults, roughly 3.8
million people, who were at or below 200% of the Federal Poverty
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Level suffered from food insecurity. Of those, more than one
third, or 1.4 million people, reported very low food security,
meaning they experienced having to cut back on food.
Evidence of the increasing number of food-insecure families in
recent years can be seen in the steady climb in the overall
CalFresh caseload, which increased by more than 1 million people
between 2010 and 2013, at the peak of the Great Recession.
Still, California's SNAP participation rate has lagged behind
the rest of the nation for years, with only 57% of eligible
individuals enrolled in the program in 2011, compared to a
national average of 79%. The Department of Social Services
notes that every $5 in federal SNAP benefits is calculated to
generate $9 of local economic activity.
Hunger among students : The problem of hunger on campus was
recently highlighted in an April 9, 2014 Washington Post
article, which described several students at various four-year
universities who quit their college meal plans in order to save
money to pay tuition, then found themselves hungry and barely
able to afford food. The article noted that in 2007, Michigan
State University started a food bank on campus to help alleviate
hunger among students there. Since then, another 120 colleges
and universities have created food banks on their own campuses.
A January 2014 study conducted by researchers from Oregon State
University, Western Oregon University and Benton County Health
Department found that 6 in 10 students on one Oregon university
campus were food insecure at least once in the prior year. The
study, "Prevalence and Correlates of Food Insecurity Among
Students Attending a Midsize Rural University in Oregon," noted
that a lower grade point average and fair to poor health were
factors associated with food concerns among the college students
surveyed. Low income was also a factor, even for students
working more than 40 hours per week.
Service coordination on community college campuses : In an
effort to remove barriers to education for low-income students,
community college campuses throughout California deliver a
number of coordinated, campus-based services and programs and
work with human services agencies to ensure students are linked
to the support services for which they are eligible. These
programs and services include:
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CalWORKs-eligible student parents on community college
campuses have access to academic, career and personal
counseling, as well as job development and placement services,
and other benefits, through coordination between the college
campuses and the counties;
EOPS-academic and financial support is provided to community
college students whose educational and socioeconomic
backgrounds might otherwise hinder their academic success and
graduation. EOPS include tutoring, education planning,
textbook and computer loans, and assistance transferring to a
four-year college or university; and
CARE-a supplemental component of EOPS that specifically
assists single parents who are heads of CalWORKs households.
SNAP student work rule : Federal law prohibits students enrolled
at least half-time in a college or university from receiving
SNAP benefits unless they qualify for an exemption, even when
they meet all other eligibility requirements. In general,
students are exempt from the prohibition if they are:
1)Younger than age 18 or older than 50;
2)Physically or mentally disabled;
3)Receiving CalWORKs benefits;
4)Enrolled in school as a result of participation in the Job
Opportunities and Basic Skills program;
5)Employed in a paid position for a minimum of 20 hours per week
or, if self-employed, receiving weekly earnings at least equal
to the Federal minimum wage multiplied by 20 hours;
6)Participating in a state- or federally-financed work study
program during the regular school year;
7)Participating in an on-the-job training program;
8)Responsible for the care of a dependent household member under
the age of 6;
9)Responsible for the care of a dependent household member who
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has reached the age of 6 but is under age 12 when the state
agency has determined that adequate child care is not
available to enable the student to attend class and comply
with the work requirements of items (5) or (6), above.
10)A single parent enrolled in an institution of higher
education on a full-time basis (as determined by the
institution) and responsible for the care of a dependent child
under age 12; or,
11)Participating in a program under the Workforce Investment Act
(WIA).
The SNAP student work rule was originally developed to ensure
that benefits intended for hungry, low-income students don't go
to students who receive support from their families and who
wouldn't meet eligibility requirements if they weren't living
away from home and considered to be a household of one. The
work requirement assumes that students who are actually needy
will engage in work programs to receive an income and be able to
better provide for themselves.
Need for this bill : Throughout a student's life, hunger can be
a major barrier to learning and academic success. Adding to the
daily stress most college students experience, the stress that
comes from food insecurity often lowers educational
participation, and decreases the probability that a student will
achieve his or her academic goals. While the list of exemptions
to the student work rule is extensive, and even includes
additional employment and training programs that the USDA deems
appropriate, most students aren't aware of the exemptions for
which they qualify, nor is there currently a process to ensure
they are informed of the exemptions. This bill requires the
development of a protocol for screening student CalFresh
applicants for available exemptions to the federal student work
rule; requires participation in EOPS to count as an exemption;
and requires counties to use the protocol and consideration of
EOPS participation to ensure needy students aren't denied the
nutrition assistance for which they are eligible.
According to the author, "This bill will result in fewer
[CalFresh] denials of eligible low-income college students, not
only reducing hunger, but bringing in much needed federal food
assistance to support disadvantaged students and reinforce our
state's investment in their education."
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PROPOSED AMENDMENTS
1)Because student work requirement exemptions are indicated
throughout paragraph (11) of subdivision (b) of 7 C.F.R.
273.5, committee staff recommends the following technical
amendment:
On page 3, line 11, strike out "subparagraph (ii) of"
2)While the EOPS provisions in state statute pertain to the
California Community Colleges, low-income students also attend
schools within both the University of California and the
California's State University system, which may also offer
educational and work programs that would meet student work
rule exemption criteria, and some of which are available
through partnerships with the California Workforce Investment
Board. Additionally, some students who are otherwise eligible
for CalFresh benefits are participating in work programs
through self-initiated placements, (e.g., students whose
courses are all vocational in nature and whose degrees or
certificates will be tied to those vocations); therefore any
available exemption criteria related to self-initiated
placements should also be identified through the protocol
developed in this bill. Committee staff recommends the
following amendments to subdivision (c) on Page 3 of the bill:
12 (c) The department shall, in consultation with
representatives from the office of the
13 Chancellor of the California Community Colleges, offices of
the Chancellor of the California State University System,
University of California Chancellors' offices, the
California Workforce Investment Board, county human
14 services agencies, and advocates for students and clients,
establish
15 a protocol to screen for all potential exemptions to the
requirement
16 described in subdivision (a) of Section 273.5 of Subpart C
of Part
17 273 of Title 7 of the Code of Federal Regulations, and to
identify
18 and verify participation in the Community College Extended
19 Opportunity Programs and Services, criteria for
self-initiated placement, and other educational programs
20 that would exempt a student from the student work
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requirement.
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RELATED LEGISLATION
SB 999 (Liu) 2014, is a companion bill to this bill. Among
other provisions, it requires the California Community Colleges
and DSS to identify categories of students enrolled in higher
education that qualify for federal exemptions to the SNAP
student work rule, and requires a community college to provide
specific documentation to a student who is enrolled in a program
that potentially qualifies him or her for such an exemption.
REGISTERED SUPPORT / OPPOSITION :
Support
Coalition of California Welfare Rights Organizations, Inc. -
sponsor
Alameda County Community Food Bank
California Catholic Conference of Bishops
California Food Policy Advocates
California Partnership
Hunger Action Los Angeles
National Association of Social Workers, CA Chapter (NASW-CA)
St. Anthony Foundation
Western Center on Law and Poverty
Opposition
None on file.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089