(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) The department shall, in consultation with representatives of the office of the Chancellor of the California Community Colleges, the office 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.

(c) The department shall maintain and regularly update the list of programs 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, 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.

(d) (1) The department shall issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility 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.

(2) The department shall, on or before January 1, 2021, and in consultation with representatives of the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, University of California Chancellors’ offices, and county human services agencies, create a standardized form to be used by community colleges and universities to verify that a student is approved and anticipating participation in state or federal workstudy for the purpose of assisting county human services agencies in determining the student’s potential eligibility for CalFresh. To the extent practicable, community colleges and universities shall distribute the 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.

(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 (d), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.

(Amended by Stats. 2019, Ch. 139, Sec. 1. (SB 173) Effective January 1, 2020.)