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AB-2810 Student nutrition: CalFresh: student eligibility: Federal Application for Student Aid data.(2021-2022)



Current Version: 09/30/22 - Chaptered

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AB2810:v96#DOCUMENT

Assembly Bill No. 2810
CHAPTER 934

An act to add Section 66023.6 to the Education Code, relating to student nutrition.

[ Approved by Governor  September 30, 2022. Filed with Secretary of State  September 30, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2810, Arambula. Student nutrition: CalFresh: student eligibility: Federal Application for Student Aid data.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing state law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least one-half time are not eligible for SNAP benefits unless they meet one of several specified exemptions. Existing federal administrative guidance encourages institutions of higher education to use the Free Application for Federal Student Aid (FAFSA) data to aid in the administration of several federal benefits programs, including SNAP.
This bill would state the intent of the Legislature to codify the federal administrative guidance encouraging institutions of higher education to use FAFSA data to inform students of eligibility for CalFresh. The bill would conform a definition of “half-time” student to the federal definition, for the purposes of determining CalFresh eligibility.
This bill would require each campus of the California State University and each community college district to use FAFSA data to identify students who meet the income requirements of the CalFresh program. The bill would require each campus of the California State University and each community college district to email those students to inform them that they may qualify for the CalFresh program if they meet one of the exemptions for CalFresh student eligibility for pupils enrolled in college or other institutions of higher education at least one-half time, as provided. The bill would require the email notifications to encourage potentially eligible students to contact the local county welfare agency and to include contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program, as provided. By imposing new requirements on community college districts, the bill would impose a state-mandated local program. The bill would encourage each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution to conduct the same email outreach, as provided. The bill would require FAFSA data to only be used to inform students of their potential CalFresh Program eligibility.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 66023.6 is added to the Education Code, to read:

66023.6.
 (a) For purposes of this section, the following definitions apply:
(1) “CalFresh program” means the program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) “FAFSA” means the Free Application for Federal Student Aid.
(3) “Independent institution of higher education” has the same meaning as defined in Section 66010.
(4) “Private postsecondary educational institution” has the same meaning as defined in Section 94858.
(b) It is the intent of the Legislature to clarify educational policies for purposes of addressing student hunger on campus by ensuring low-income students have equitable access to nutritious and sufficient food sources by improving access for low-income students to the CalFresh program.
(c) It is the intent of the Legislature to codify the United States Department of Education’s Dear Colleague Letter GEN-22-02 issued on January 20, 2022, to ensure that California institutions of higher education are increasing awareness of available benefits for students to use to reduce hunger on campus and to ensure continued enrollment.
(d) 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 one-half time any semester or term in which the student enrolls in at least one-half of the number of credits needed each semester or term to graduate within four years of enrollment as a first-time freshmen or within two years of enrollment as a transfer student, unless prohibited by federal law.
(e) (1) Each campus of the California State University and each community college district shall use FAFSA data to identify students who meet the income qualifications for the CalFresh program.
(2) (A) Each campus of the California State University and each community college district shall send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(B) The email described in subparagraph (A) shall encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program.
(f) (1) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to use FAFSA data to identify students who meet the income qualifications for the CalFresh program.
(2) (A) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(B) It is the intent of the Legislature that the email described in subparagraph (A) encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program.
(g) For purposes of Section 483(a)(3)(E) of the Higher Education Act of 1965, as amended by Section 1090(a)(3)(E) of Title 20 of the United States Code, FAFSA data shall be used in accordance with federal law and for purposes of this section shall only be used to inform students of their potential CalFresh program eligibility.

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.