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Release Date: September 1, 2022 |
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CALFRESH
63-406 Student Eligibility
( ) To release a new policy
( ) To release a new form
( ) To convert an existing policy to a new writing style only – No concept changes
(x) Revision of existing policy and/or form(s)
What changed?
1. The assessment and approval process of campus-based Local Programs that Increase Employability (LPIEs) has been updated.
2. Reassessment of previously approved statewide LPIE programs.
3. Programs at private institutions will not qualify as an LPIE.
Note: Changes are shown highlighted in grey throughout the document.
CalFresh regulations define a student as a person who is:
· 18 through 49 years of age;
· Mentally and physically fit for employment; and
· Enrolled at least half-time (as defined by the public or private institution in an institution of higher education).
Individuals meeting the definition of students are ineligible for CalFresh benefits unless they meet at least one of the student eligibility requirements or exemptions on the day of the interactive interview.
Ineligible students are treated as excluded household (HH) members. Therefore, the income and resources of ineligible students are not considered available to the HH. Also, cash contributions from ineligible students to the HH are considered unearned income.
Student eligibility rules do not apply to students who meet at least one student eligibility exemption listed in the Requirements section.
Student Meal Plan
CalFresh benefits cannot be used to pay for college cafeteria meal plans. Students who live in dormitories and receive more than half their meals (approximately 11 meals per week) from a meal program are not eligible for benefits.
Duration of Exemptions
A student must meet at least one exemption criterion on the interview date to participate in the CalFresh Program. Once eligibility for an exemption has been determined, the exemption remains through the certification period.
New Guidance on LPIEs
There are four main changes in how LPIEs are identified and what qualifies as an LPIE:
· Counties will no longer participate in the process of identifying campus-based LPIEs. Instead, the Universities of California (UCs), California State Universities (CSUs), and California Community Colleges (CCCs) will submit a comprehensive list of campus-based LPIEs to the California Department of Social Services (CDSS) for approval by September 1, 2022.
· The UCs, CSUs, and CCCs have identified two general programs that qualify as LPIEs and exist on multiple campuses: Campus Employment Programs and Research and Teaching Assistantship Programs.
· Effective September 1, 2022, programs at private institutions will not qualify as an LPIE.
· Effective September 1, 2022, most State-funded foster youth programs will no longer automatically qualify as LPIEs. Instead, these programs must be individually assessed and submitted for approval to CDSS to appear on the List of Approved LPIEs.
Process for Identifying LPIEs
Counties will no longer participate in identifying or approving campus-based LPIEs. CDSS has worked with the UCs, CSUs, and CCCs to assist campuses in identifying and assessing campus-based programs for approvability. The Center of Healthy Communities (CHC), a CalFresh Outreach prime contractor out of Chico State University, will assist campuses in identifying and submitting LPIEs.
The UCs, CSUs, and CCCs will identify programs that meet the LPIE criteria and submit them to the CHC. CDSS will update the List of Approved LPIEs on the CDSS website on the first day of each month. After September 1, 2022, any changes to the list based on the formation of new programs, newly qualifying existing programs, or programs previously approved that no longer meet the criteria will be incorporated monthly.
Eligibility Workers (EW) must continue to use the List of Approved LPIEs posted on the CDSS CalFresh Resource Center Policy Page under “CalFresh Student Eligibility: List of Approved LPIEs” to confirm programs are listed as approved.
General Programs Identified
In addition to individual LPIE program identification, the UCs, CSUs, and CCCs have identified two general programs, which meet the criteria for an LPIE. All campuses may have students participating in one or both of the general programs below:
· Campus Employment Program: Students employed by their campus, or a recognized auxiliary organization are considered as participating in a Campus Employment Program. For LPIE purposes, an auxiliary organization must be overseen by the UC, CSU, or CCC and must serve the institution of higher education.
Note: Students enrolled in this program do not need to work an average of 20 hours per week or a total of 80 hours per month to meet the criteria for an exemption to the student eligibility rule because LPIEs do not have a minimum hour requirement.
· Research and Teaching Assistantship Program: Students hired for a research or teaching assistant position, whether paid or unpaid or part of a training program, are considered as participating in a Research and Teaching Assistantship Program.
To the extent possible, students will be notified of their enrollment in one of the above programs by their campus based on available student data.
Removal of LPIEs at Private Institutions
An LPIE must be operated by a State or local government. Due to this requirement, previously approved programs not operated by a UC, CSU, or CCC will be removed from the List of Approved LPIEs effective September 1, 2022.
Students newly applying for CalFresh: Until September 1, 2022, students may use enrollment in a private school LPIE as an exemption.
Students receiving CalFresh due to being enrolled in a private school LPIE must remain exempt from the student eligibility rule for the length of the certification period. Student eligibility status must be reassessed during the student’s next renewal. At that time, staff must evaluate the student’s circumstances to determine if they meet another exemption before determining the student is not meeting student eligibility rule.
Reassessment of Previously Approved Statewide Programs
The automatic approval of most State-funded and foster youth programs will be removed. These campus-based programs should be individually identified by counties, campuses, or the local program as meeting the standard of an LPIE to the extent possible. The removal of the automatic approval of these programs will take effect on September 1, 2022. The programs to be individually identified and assessed as containing the equivalent of an Employment & Training (E&T) component include:
• Extended Opportunity Programs and Services (EOPS);
• Educational Opportunity Program (EOP);
• Disabled Students Programs and Services (DSPS) & Student Academic Services (SAS);
• Cooperative Agencies Resources for Education (CARE) Program;
• McNair Scholars Program;
• Mathematics, Engineering, Science Achievement (MESA) Program;
• Unaccompanied Refugee Minors (URM) Program;
• Guardian Scholars Program;
• Foster Youth Success Initiative (FYSI);
• Cooperating Agencies Foster Youth Educational Support (CAFYES);
• Chafee Education and Training Voucher (ETV) Program; and
• Extended Foster Care (AB 12/AB 212).
Note: The Workforce Innovation and Opportunity Act (WIOA) will continue to receive automatic approval due to meeting the exemption.
Students newly applying for CalFresh may continue to use enrollment in one of the previously approved statewide programs as an exemption up until the automatic program approval is removed on September 1, 2022. Students receiving CalFresh due to being enrolled in one of the programs listed above must remain exempt from the student eligibility rule for the length of the certification period.
Student eligibility status must be reassessed during the student’s next renewal. At that time, the EW must check the List of Approved LPIEs to see if the local program has been identified. If it is not on the list, the EW must evaluate the student’s circumstances to determine if they meet another exemption before determining the student is not meeting student eligibility rule.
Assembly Bill (AB) 396 was signed into law on October 4, 2021. It requires all UC, CSU, and CCC campus-based programs that meet LPIE requirements to submit an application to CDSS on or before September 1, 2022.
Senate Bill (SB) 609 was signed into law on October 6, 2021, and requires CDSS to include Adult Education and Career and Technical Education (CTE) programs in the List of Approved LPIEs.
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Term |
Description |
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Parental Control |
A child under 22 years of age who lives with the natural, adopted, or stepparent.
A child under 18 years of age who lives with an adult HH member who is not his or her parent is considered under the parental control of the adult HH member unless:
a. The minor has entered a valid marriage; b. Is on active duty in any branch of the United States (U.S.) Armed Forces; or c. Has been emancipated by court order.
If none of the above applies, the following must be considered in determining parental control:
The degree to which the minor child is economically a. The proximity of the minor to the age of 18; and b. Whether the minor is absent from the adult for significant periods or leaves and returns without the adult’s approval. |
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Institution of Higher Education |
A business, trade, technical, or vocational school at the post-high-school level that normally requires a high-school diploma or equivalency certificate of enrollment; or
A junior, community, two-year, or four-year college/university, or graduate school, regardless of whether a high-school diploma or equivalency certificate is required.
Exception: If a college normally requires a high-school diploma or equivalency certificate but does not require either of these for a particular program or course, such as courses for English as a Second Language (ESL) or courses that are not part of the regular curriculum, enrollment in such program or course does not constitute enrollment in an institution of higher education. |
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Half-Time Enrollment |
The definition of at least half-time may vary by school. To determine if the student’s school attendance is at least |
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Enrollment Status |
A student's enrollment status begins on the first day of the school term and continues through vacations unless the student leaves school, is expelled, suspended, graduates, drops out, or does not register for the next term. |
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Mental or Physical Unfitness |
Has verification stating the inability to work because of a physical or mental issue. Students that do not receive disability-based income but are unable to work due to physical or mental issues must provide verification of the inability to work from a third-party source. In this scenario, a participant’s statement or affidavit does not suffice.
Verification can be provided by a medical professional, including but not limited to a physician, nurse, psychologist, or psychiatrist. Other professionals such as a Behavioral Health Case Manager or Regional Center Case Manager who are not medical professionals but assist participants in case management or other services may also provide verification.
When third-party verification is unavailable, worker observation noted in the case record can also be used as verification. When possible, the county will assist the client in attaining verification for this exemption. |
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Disability |
Students who have a disability and receive disability-based income, like Social Security Disability, Supplemental Security Income, Veterans’ Disability, Worker’s Compensation, or other disability-based incomes, qualify for an exemption. The disability must be expected to last more than 30 days. |
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The following factors are present: a. A childcare facility is accessible to the child’s home and school; b. Hours are suitable to the student HH member’s employment and school schedule; and c. Child age and special needs appropriate. |
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Regular Curriculum |
A class that leads to the standard requirements for graduation or certification/qualification in a particular field of study. |
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Local Programs that Increase Employability (LPIEs) |
Programs operated by a State or local government where one or more of the program's components are equivalent to an E&T component. CDSS has the authority to determine whether a State or local program qualifies under this definition. E&T components include, but are not limited to, Adult Basic Education, CTE, English Language Acquisition, Work Readiness Training, and Work Experience. |
To be eligible to participate in the CalFresh Program, students between the ages of 18 through 49, mentally and/or physically fit for employment, and enrolled at least half-time in an institution of higher education must meet at least one of the following criteria during the application/renewal (RE) processing period:
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Criteria |
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CalWORKs Recipient |
Be a CalWORKs recipient. |
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General Relief Applicant |
Willing to cooperate with a General Relief Opportunities for Work (GROW) Program Education/Training. |
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Employment or Self-Employment |
a. Be employed and paid for no less than 80 hours per month; or b. Be self-employed for at least 80 hours per month and earn at least federal minimum wage multiplied by 80 hours per month.
A change in work hours is not a mandatory mid-period report. If the student does not report a change in work hours during the certification period, the student will continue to meet the criteria for an exemption from the student eligibility rule throughout the length of the certification period.
However, if the student does report a change in work hours on the periodic report, the EW must determine if the change in work hours averages 20 hours per week (or a total of 80 hours per month) to continue applying for the exemption. If the change in work hours does not meet the requirement, the EW must determine whether the student meets the criteria for another exemption. Otherwise, the student is no longer eligible for CalFresh. |
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Work-Study |
Be approved/awarded/accepted for State or federally financed work-study for the current school term and anticipates working during the term:
· The exemption begins the month the school term starts or the month work-study is approved/awarded/ accepted, whichever is later. The exemption continues until the end of the month the school term ends or it becomes known that the student refused the work assignment. · The exemption must not continue between terms when there is a break of a full month or longer unless the student is participating in work-study during the break.
Note: If the student reports that they are not participating in work-study at the periodic report, the student must not be considered exempt from the student eligibility rule. EWs must assess whether a student who is not participating in work-study meets the criteria for another exemption. |
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Participating in E&T Programs |
Be assigned to or placed in an institution of higher education through or in compliance with an E&T Program or a State or local government training program. |
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On-the-Job Training Program |
Participate in a Job Opportunities and Basic Skills (JOBS) Program, including job programs provided under WIOA. |
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Parental Control |
a. Be exerting parental control over a dependent HH member under age six; or b. Exert parental control over a dependent HH member who has reached age 6 but is under 12, and adequate child care is not available. This would allow the CalFresh applicant/participant to attend school at least half-time and work a minimum of 80 hours per month during the school year.
Note: Only one parent can claim the exemption as the primary person responsible for the care of a dependent child under the age of six. Also, only one parent can claim the exemption as the primary person responsible for the care of a dependent child who has reached age 6 but is under age 12, and adequate “child care” services are not available. |
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Single Parent |
Be enrolled full-time and a single parent with the responsibility for the care of a dependent child under age 12.
This applies when only one of the child’s natural, adoptive, or stepparents (regardless of marital status) is in the same CalFresh HH as the child. “Regardless of marital status” means that the parent could be single (never married), a widow or widower, separated, divorced, or married and living in a separate HH from the other parent.
· If one natural parent and a stepparent live with the child, neither the natural parent nor the stepparent qualifies for the student exemption.
If no natural, adoptive, or stepparent is in the same CalFresh HH as the child, another full-time student in the same CalFresh HH as the child may qualify for eligible student status if he/she has parental control over the child and is not living with his/her spouse. |
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State-Funded Program that Increases Employability |
Be a student, who is assigned to, or placed in, an institution of higher education through or in compliance with the requirements of the Additional Qualifying Exemptions section below, meets the criteria for an exemption from the student eligibility rule.
The programs below need to be individually identified and assessed as containing the equivalent of an E&T component:
· EOPS, DSPS & SAS; · CARE Program; · McNair Scholars Program; · MESA Program; · URM Program;
WIOA will continue to receive automatic approval due to meeting the exemption.
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E&T Components |
E&T Components include, but are not limited to, Adult Basic Education, CTE, English Language Acquisition, Work Readiness Training, and Work Experience.
CDSS maintains a current list of approved LPIEs. The list can be found on the CalFresh Resource Center Policy Page under “CalFresh Student Eligibility: List of Approved LPIEs.” The List of Approved LPIEs is updated on the website at the beginning of each month. EWs must use this List of Approved LPIEs to check if CDSS has approved a program in which a student applicant/recipient is participating. |
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Certain Cal Grants and Temporary Assistance for Needy Families (TANF) Requirements |
Be awarded:
1) A Cal Grant A or B when attending a CSU, UC, or a private university. Cal Grant A or B provides tuition and fee assistance to students who attend a “tuition charging institution.”
and
2) Meet the required TANF requirements listed as follows:
Note: California Student Aid Commission (CSAC) will notify Cal Grant A or B students that they are potentially eligible for CalFresh benefits.
Pell Grants Basic Educational Opportunity Grant (BEOG), Cal Grant B Access, and Cal Grant C are not funded by TANF funds; therefore, those who receive these grants do not qualify for a student exemption.
Note: Selected California Community Colleges that offer
Clarification Regarding Cal Grants and Students Attending Community Colleges
Students with low income who attend community colleges do not pay tuition due to fee waiver programs, such as College Promise, formerly known as the Board of Governor’s Fee waiver. Therefore, community colleges are not considered tuition-charging institutions to establish Cal Grant eligibility. Therefore, low-income students who attend a community college and meet the TANF eligibility requirements are not eligible to receive tuition and fee assistance through Cal Grant A or B while attending a community college. |
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A student who meets one of the following criteria may also qualify for CalFresh:
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Verification for the student eligibility rule exemptions is not required. Instead, EWs must only require verification that a student meets an exemption when the information provided by the HH is questionable or when a student’s claim of physical or mental unfitness is not evident to the EW.
To be considered questionable, the information on the application must be inconsistent with statements made by the applicant and/or inconsistent with other information received by the EW. When determining if the information is questionable, the EW must base the decision on the HH’s individual circumstances. When verification is required to resolve questionable information, the EW must document why the information was considered questionable or, at a minimum, indicate where in the case file the inconsistency exists and what documentation was used to resolve the questionable information.
Participant’s statement that a student within the HH is exempt from the student eligibility rule on the application, during the interview, during the periodic report, RE or at any time during the certification period is sufficient evidence that the student is exempt from the student eligibility rule. Documentary evidence is not required; however, the EW must document what exemption is being claimed in the case record.
To the extent possible, students enrolled in an LPIE will be notified by their campus that they meet the criteria for an exemption to the student eligibility rule. For example, if a student states, verbally or in writing, that they are enrolled in one of the programs listed on the List of Approved LPIEs, that is sufficient information for the EW to exempt the student unless it is questionable.
If the information provided by a student is questionable, acceptable verification can include but is not limited to a transcript, an email from an instructor, or verbal affirmation from a campus official. Additionally, targeted outreach emails from campuses to LPIE enrollees are acceptable verification.
All institutions of higher education have their form of verifying school enrollment. Below is an example of what might be presented as proof of enrollment when there is a discrepancy and school enrollment is requested. The verification below shows the current student status of enrollment.
School Verification for Exemptions (When Questionable)
Below is a chart of acceptable verifications for exemptions. This list is not exhaustive:
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Eligibility Factor |
Acceptable Verification |
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Work-Study |
· Financial Aid Award Letter; or · Work-study pay stubs. |
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Receipt of TANF-Funded Cal Grant |
· Written notification from CSAC; · Copy of a Student’s California Aid Report; or · Award Letter. |
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Participation in a State-Funded or Locally Funded Program Listed under the Approved Local Student Programs for CalFresh Student Eligibility List |
· Copy of the program’s Mutual Responsibility Contract (MRC); or · Print output from the student’s college or university online account indicating participation in such a program. |
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Evidence of Mental and/or Physical Unfitness |
· Receipt of temporary or permanent disability benefits issued by governmental or private sources; or · A statement from a physician or licensed/certified psychologist. |
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Employment and Pay for Minimum Required Hours |
· Pay stubs; · Letter from employer; or · PA-167 – Monthly Earnings Report for self-employed students. |