Today's Law As Amended


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AB-214 Postsecondary education: student hunger.(2017-2018)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) According to the California State University (CSU), one in five CSU students experiences chronic hunger and one in 10 experiences homelessness.
(2) In a survey recently conducted by the Regents of the University of California (UC), it was found that one in 10 UC students do not have access to adequate food or nutrition.
(3) Nationwide, one-half of all community college students are struggling with housing or food insecurity.
(b) It is the intent of the Legislature to enact legislation to reduce the incidence of hunger and homelessness among college students in California.

SEC. 2.

 Section 66025.93 of the Education Code is amended to read:

66025.93.
 (a) Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1) Apply to become an approved food vendor for the Restaurant Meals Program Program,  if the institution operates a any  qualifying food facility on campus.
(2) Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3) If an on-campus food vendor or a qualifying food facility  has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b) This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c) An approved on-campus  food vendor or a qualifying food facility  participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program. A qualifying food facility that participates in the Restaurant Meals Program pursuant to Section 18919 of the Welfare and Institutions Code shall meet all of the requirements for participation in that program. 
(d) For purposes of this section:
(1) “On-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as defined in Section 113831 of the Health and Safety Code.
(2) “Qualifying food facility” is a facility administered by a postsecondary educational institution  that sells prepared food for onsite consumption.

SEC. 3.

 Section 69519.3 is added to the Education Code, to read:

69519.3.
 (a) It is the intent of the Legislature to clarify educational policies for purposes of improving access for low-income students to the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(b) For purposes of Section 273.5(a) of Title 7 of the Code of Federal Regulations, a student shall be determined to be attending at least half-time any semester or term in which he or she enrolls in at least half of the number of credits needed each semester or term to graduate within four years of enrollment as a first-time freshman, or within two years of enrollment as a transfer student, unless prohibited by federal law.
(c) The commission shall notify, in writing, any recipient of a Cal Grant award whose grant includes any amount of funding that has been derived from the Temporary Aid to Needy Families (TANF) block grant or state match in order for the student to verify that he or she qualifies for the exemption from the CalFresh program student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations.

SEC. 4.

 Section 18901.11 of the Welfare and Institutions Code is amended to read:

18901.11.
 (a) For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b) (1)  The department shall maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to Chapter 729 of the Statutes of 2014 that meet the standard set in Section 273.5(b)(11)(iv) shall, in consultation with representatives of the office of the Chancellor of the California Community Colleges, offices of the Chancellor of the California State University, University of California Chancellors’ offices, the California Workforce Investment Board, county human services agencies, and advocates for students and clients, establish a protocol to identify and verify all potential exemptions to the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations, and to identify and verify participation in educational programs, including, but not necessarily limited to, self-initiated placements, that would exempt a student from the eligibility rule described in Section 273.5(a)  of Title 7 of the Code of Federal Regulations. To the extent possible, this consultation shall take place through existing workgroups convened by the department. 
(2) (c)  Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in  The department shall maintain and regularly update  the list of programs that are deemed to  identified by the workgroup established pursuant to subdivision (b) because they  meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations. Regulations, which provides that a student is eligible for an exemption from the CalFresh program’s eligibility rules if the student’s attendance can be described as part of a program to increase the student’s employability. 
(c) (d)  (1) The department shall issue, maintain, and post on its internet website  issue and maintain  instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients  to verify exemptions to the CalFresh student eligibility rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following: rules for students who participate in the programs identified pursuant to subdivision (c), students who are approved and anticipate participating in state or federal workstudy, or students who meet one of the qualifications for exemptions set forth in Section 69519.3 of the Education Code. 
(A) Students who participate in at least one of the programs identified pursuant to subdivision (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B) Students who are approved and anticipate participating in state or federal workstudy.
(C) Students who meet the qualification for an exemption set forth in Section 69519.3 of the Education Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D) Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E) Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F) Students enrolled in a CalFresh E&T program.
(G) Students who do not intend to register during the next normal school term.
(H) Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I) Students who are physically or mentally unfit, pursuant to federal law.
(J) Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2) To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3) (2)  For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be “anticipating participation” in workstudy if the student  he or she  can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be “anticipating participation” in workstudy until the student  he or she  receives notice from the institution of higher education that the student  he or she  has been denied participation in workstudy.
(d) (e)  (1) This section does not require a county human services agency to offer a particular component, support services, or workers’ compensation to a student found eligible for an exemption pursuant to this section.
(2) This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3) Except for the information required to complete the form specified in paragraph (2) of subdivision (c), this  This  section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e) For the purposes of this section, “student” means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 5.
 Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Social Services shall implement Sections 3 and 4 of this act by all-county letters or similar instructions beginning no later than October 1, 2018, until regulations are adopted. The Department of Social Services shall adopt regulations implementing this section on or before October 1, 2020.
SEC. 6.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.