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AB-2652 Student Aid Commission: California Dream Act applicants: Food Support Pilot Program.(2021-2022)

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Date Published: 04/28/2022 09:00 PM
AB2652:v96#DOCUMENT

Amended  IN  Assembly  April 28, 2022
Amended  IN  Assembly  April 06, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2652


Introduced by Assembly Member McCarty

February 18, 2022


An act to add and repeal Section 69520 of the Education Code, relating to student nutrition.


LEGISLATIVE COUNSEL'S DIGEST


AB 2652, as amended, McCarty. Student Aid Commission: California Dream Act applicants: Food Support Pilot Program.
Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires a school district, county office of education, or charter school to ensure that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a form for purposes of the California Dream Act.
Existing law also establishes the California Food Assistance Program and requires the State Department of Social Services to use state funds appropriated for that program to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status.
This bill, until May 1, 2028, would require the Student Aid Commission to establish the Food Support Pilot Program to provide food support grants to qualifying students who submit a California Dream Act application, as specified. The bill would require the commission to allocate the award on a semester or quarterly basis to a qualifying institution, as defined, if certain program eligibility requirements are met and would require a qualifying institution to provide the funds to the student, as specified. The bill would guarantee an award in the amount of $2,808 per year to each student meeting the program eligibility requirements.
The bill would require the commission to conduct a student survey every two years to determine the effectiveness of the Food Support Pilot Program, and to report certain information to the Legislature, as specified. The bill would make its provisions operative only upon an appropriation of funds for its purposes. To the extent the bill imposes additional duties on community colleges, the bill would impose 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 the statutory provisions noted above.

Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires a school district, county office of education, or charter school to ensure that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a form for purposes of the California Dream Act.

Existing law also establishes the California Food Assistance Program and requires the State Department of Social Services to use state funds appropriated for that program to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status.

This bill, until January 1, 2025, would require the Student Aid Commission to establish a state-funded Food Support Pilot Program to provide California Food Assistance Program benefits to students who submit a California Dream Act application. The bill also would require the commission to ensure that students who submit this application are notified if they meet the income eligibility guidelines for the Food Support Pilot Program and receive instruction on how to apply for the pilot program. The bill would make its provisions operative only upon an appropriation of funds for this purpose.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 69520 is added to the Education Code, immediately following Section 69519.3, to read:

69520.
 (a) It is the intent of the Legislature that the grants provided to students pursuant to this section shall be used to reduce the financial burden of the total cost of tuition by providing students with access to funds for food.
(b) The commission shall establish the Food Support Pilot Program to provide food support grants to qualifying students who submit a California Dream Act application. Each student who meets the Food Support Pilot Program eligibility requirements pursuant to subdivision (c) shall be guaranteed an award. The amount of an individual award is two thousand eight hundred eight dollars ($2,808) per year.
(c) The commission shall allocate the award on a semester or quarterly basis to the qualifying institution if all of the following are met:
(1) The student has submitted a complete California Dream Act application, submitted or postmarked no later than March 2 of each year.
(2) The student demonstrates financial need by having an expected family contribution of equal to or less than the qualifying expected family contribution for the Federal Pell Grant Program (20 U.S.C. Sec 1070a).
(3) The student is pursuing an undergraduate academic program of at least two academic years that is offered by a qualifying institution.
(4) The student is enrolled at least part time.
(5) The student maintains good academic standing with the qualifying institution at which the student is enrolled.
(d) The commission shall notify students who meet the eligibility requirements pursuant to subdivision (c) of their receipt of the award.
(e) The food support grant may be renewed for a total of the equivalent of two years or four years of full-time attendance in an associate degree or undergraduate program, provided that the student still meets the Food Support Pilot Program eligibility requirements pursuant to subdivision (c).
(f) The commission shall disburse funds to qualifying institutions and each institution shall disburse the funds in accordance with the provisions set forth in the institutional agreement between the commission and the institution for Cal Grants pursuant to Section 69432.8.
(g) (1) A qualifying institution, upon the receipt of funds from the commission for purposes of this section, shall provide the funds to the student and shall not reduce the institutional aid offer of a student who receives a grant pursuant to this section unless the student’s gift aid exceeds the student’s annual cost of attendance.
(2) The institution may reduce the institutional financial aid offer of a student who is eligible to receive a grant pursuant to this section by no more than the amount of the student’s gift aid that is in excess of the student’s annual cost of attendance.
(h) Beginning on or before December 1, one year after moneys are appropriated by the Legislature for purposes of this section, and annually thereafter, the commission shall report to the Legislature the number of students who qualified for the funding disaggregated by qualifying institution, age, gender, and race/ethnicity.
(i) The commission shall conduct a student survey every two years to determine the effectiveness of the Food Support Pilot Program. The survey shall address, at a minimum, all of the following:
(1) How students elected to use their grants received pursuant to this section.
(2) If qualifying institutions reduced institutional aid pursuant to subdivision (g) and if so, by how much.
(3) The barriers to administering the pilot program for either the commission or qualifying institutions.
(4) Any recommendations for the improvement of the pilot program so long as the recommendations further the intent of the pilot program.
(j) The commission shall report the results of the student survey described in subdivision (i) to the Assembly Committee on Higher Education, the Assembly Committee on Budget, the Senate Committee on Education, and the Senate Committee on Budget and Fiscal Review on or before January 1, 2026, and on or before January 1, 2028. A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(k) This section shall become operative only upon an appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
(l) As used in this article the following definitions apply:
(1) “Cost of attendance” means the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of student aid programs under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
(2) “Expected family contribution” means a student’s expected family contribution calculated according to the federal methodology pursuant to subdivision (a) of Section 69506 as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
(3) “Institutional financial aid” means financial aid that is paid for by the institution of higher education from its funds and the recipient of the aid is selected by the institution.
(4) “Qualifying institutions” means any public postsecondary educational institution in the state that receives, or benefits from, state-funded financial assistance or enrolls students who receive state-funded student financial assistance.
(5) “Part time,” for purposes of eligibility, means 6 to 11 semester units, inclusive, or the equivalent.
(m) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on May 1, 2028, and as of January 1, 2029, is repealed.

SEC. 2.

 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.
SECTION 1.Section 69520 is added to the Education Code, immediately following Section 69519.3, to read:
69520.

(a)The commission shall establish a state-funded Food Support Pilot Program to provide California Food Assistance Program benefits to students who submit a California Dream Act application.

(b)The commission shall ensure that students who submit a California Dream Act application are notified if they meet the income eligibility guidelines for the Food Support Pilot Program and receive instruction on how to apply for the pilot program.

(c)This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.

(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.