Cal. WIC § 18901.11 — California Code / Code wic / Division 9 / Part 6 / Chapter 10 / Section 18901.11
Section 18901.11
Status: in_force

(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) of Title 7 of the Code of Federal Regulations.

(2) 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 list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.

(c) (1) The department shall issue, maintain, and post on its internet website 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:

(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) 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 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 receives notice from the institution of higher education that the student has been denied participation in workstudy.

(d) (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 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.