AB 743: CalWORKs: eligibility: work activities.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-17
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for CalWORKs aid.
This bill would exempt from consideration as income or property, for purposes of determining eligibility or available income or property, education, training, vocation, or rehabilitation benefits provided through the United States Department of Veterans Affairs for active duty personnel or veterans, and dependents or spouses of those who either died in the line of duty or have a service-connected disability. By expanding eligibility for CalWORKs, which is administered by counties, this bill would impose a state-mandated local program.
Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a person may meet his or her welfare-to-work requirements by taking part in a self-initiated education or training program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. Existing law requires the county and local educational agencies to annually agree to a list of educational programs that lead to employment. program. Under that program, if a recipient does not complete a specified number of hours of classroom, laboratory, or internship activities, the county human services agency is required to have the recipient participate in concurrent work activities, as specified. Existing law prohibits a program offered by a private postsecondary training provider from being approved for these purposes unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other laws.
Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participants lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every welfare-to-work participant in order to participate in the program activity to which he or she is assigned.
This bill would exempt a person who is participating in a self-initiated education and training program from the requirement that the person participate in job search activities. The bill would also exempt hours of participation in a self-initiated program from the 24-month time limitation described above and would make related, conforming changes. The bill would authorize study time, as defined by the educational institution, to be counted toward the participants minimum work participation hours requirements. The bill would require that supportive services be provided to a person participating in a self-initiated program until an assessment has been completed, if an assessment is found to be necessary. The bill would require that, for the purpose of determining eligibility for child care supportive services, a schedule approved by a college counselor be deemed sufficient verification of necessary child care. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. By imposing these duties on counties, this bill would impose a state-mandated local program.
This bill would authorize study time to be included in the number of hours a recipient may complete before he or she is required to participate in concurrent work activities. This bill would additionally prohibit a program offered by a private college from being approved if the program is not approved or exempted by the appropriate state regulatory agency or is not in compliance with all other laws.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for CalWORKs aid.
This bill would exempt from consideration as income or property, for purposes of determining eligibility or available income or property, education, training, vocation, or rehabilitation benefits provided through the United States Department of Veterans Affairs for active duty personnel, personnel or veterans, and dependents, dependents or spouses of those who either died in the line of duty or have a service-connected disability. By expanding eligibility for CalWORKs, which is administered by counties, this bill would impose a state-mandated local program.
Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a person may meet his or her welfare-to-work requirements by taking part in a self-initiated education or training program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. Existing law requires the county and local educational agencies to annually agree to a list of educational programs that lead to employment.
Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participants lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every welfare-to-work participant in order to participate in the program activity to which he or she is assigned.
This bill would exempt a person who is participating in a self-initiated education and training program from the requirement that the person participate in job search activities. The bill would also exempt hours of participation in a self-initiated program from the 24-month time limitation described above and would make related, conforming changes. The bill would authorize study time, as defined by the educational institution, to be counted toward the participants minimum work participation hours requirements. The bill would require that supportive services be provided to a person participating in a self-initiated program until an assessment has been completed, if an assessment is found to be necessary. The bill would require that child care that, for the purpose of determining eligibility for child care supportive services, a schedule approved by a college counselor be deemed sufficient verification of necessary child care. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. By imposing these duties on counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for CalWORKs aid.
This bill would exempt from consideration as income or property, for purposes of determining eligibility or available income or property, education, training, vocation, or rehabilitation benefits provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service-connected disability. By expanding eligibility for CalWORKs, which is administered by counties, this bill would impose a state-mandated local program.
Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a person may meet his or her welfare-to-work requirements by taking part in a self-initiated education or training program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. Existing law requires the county and local educational agencies to annually agree to a list of educational programs that lead to employment.
Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participants lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every welfare-to-work participant in order to participate in the program activity to which he or she is assigned.
This bill would exempt a person who is participating in a self-initiated education and training program from the requirement that the person participate in job search activities. The bill would also exempt hours of participation in a self-initiated program from the 24-month time limitation described above and would make related, conforming changes. The bill would authorize study time, as defined by the educational institution, to be counted toward the participants minimum work participation hours requirements. The bill would require that supportive services be provided to a person participating in a self-initiated program until an assessment has been completed, if an assessment is found to be necessary. The bill would require that childcare child care for the purpose of determining eligibility for supportive services be continued during a period in which a participants hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than 6 weeks, if the person is eligible to continue in the educational or vocational program following the break in instruction. services, a schedule approved by a college counselor be deemed sufficient verification of necessary child care. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. By imposing these duties on counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for CalWORKs aid.
This bill would exempt from consideration as income or property, for purposes of determining eligibility or available income or property, education, training, vocation, or rehabilitation benefits provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service connected service-connected disability. By expanding eligibility for CalWORKs, which is administered by counties, this bill would impose a state-mandated local program.
Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a person may meet his or her welfare-to-work requirements by taking part in a self-initiated education or training program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. Existing law requires the county and local educational agencies to annually agree to a list of educational programs that lead to employment.
Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participants lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every welfare-to-work participant in order to participate in the program activity to which he or she is assigned.
This bill would exempt a person who is participating in a self-initiated education and training program from the requirement that the person participate in job search activities or enter into a welfare-to-work plan. activities. The bill would also exempt these persons hours of participation in a self-initiated program from the 24-month time limitation described above and would make related, conforming changes. The bill would authorize study time, as defined by the educational institution, to be counted toward the participants minimum work participation hours requirements. The bill would require that supportive services be provided to a person participating in a self-initiated program until an assessment has been completed, if an assessment is found to be necessary. The bill would require that childcare supportive services be continued during a period in which a participants hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than 6 weeks, if the person is eligible to continue in the educational or vocational program following the break in instruction. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. By imposing these duties on counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for CalWORKs aid.
This bill would exempt from consideration as income, for purposes of determining eligibility or available income, education, training, vocation, or rehabilitation benefits provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service connected disability. By expanding eligibility for CalWORKs, which is administered by counties, this bill would impose a state-mandated local program.
Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a person may meet his or her welfare-to-work requirements by taking part in a self-initiated education or training program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. Existing law requires the county and local educational agencies to annually agree to a list of educational programs that lead to employment.
Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participants lifetime, and requires the participant to engage in federally defined work activities after that period expires. Existing law requires that necessary supportive services be available to every participant in order to participate in the program activity to which he or she is assigned.
This bill would exempt a person who is participating in a self-initiated program from the requirement that the person participate in job search activities or enter into a welfare-to-work plan. The bill would also exempt these persons from the 24-month time limitation described above and would make related, conforming changes. The bill would authorize study time, as defined by the educational institution, to be counted toward the participants minimum work participation hours requirements. The bill would require that supportive services be provided to a person participating in a self-initiated program until an assessment has been completed, if an assessment is found to be necessary. The bill would require that childcare supportive services be continued during a period in which a participants hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than 6 weeks, if the person is eligible to continue in the educational or vocational program following the break in instruction. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment. By imposing these duties on counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 these statutory provisions.
This act shall be known, and may be cited, as the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
SEC. 2.Section 11250.8 of the Welfare and Institutions Code is amended to read:11250.8.(a)If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that persons educational expenses shall not be applied to any educational loans or grants that, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.
(b)Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active duty personnel or veterans, and dependents or spouses of those who either died in the line of duty or have a service-connected disability, shall be totally exempt from consideration as income or property for purposes of determining eligibility or available income or property for purposes of this chapter.
SEC. 3.Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.(a)A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that he or she meets any of the following circumstances:
(1)The recipient is likely to obtain employment within six months.
(2)The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.
(3)The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education or vocational education, that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of his or her employment.
(4)The recipient needs an additional period of time to complete a welfare-to-work activity specified in his or her welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of his or her employment.
(5)The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.
(6)Other circumstances as determined by the department.
(b)(1)Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).
(2)An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.
(3)At any hearing disputing a countys denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.
(c)If, as a result of information already available to a county, including the recipients welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.
(d)An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.
SEC. 4.Section 11325.22 of the Welfare and Institutions Code is amended to read:11325.22.(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision, those who are participating in other activities or assessment pursuant to Section 11320.1, or those who are participating in a self-initiated program pursuant to Section 11325.23, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participants qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipients participation under this article.
(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.
(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipients performance during job search activities to determine whether extending the job search period would result in unsubsidized employment.
(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.
(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.
(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individuals existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.
(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.
(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23. If an assessment is determined to be necessary, the county shall schedule the assessment at a time that does not interfere in any way with the persons self-initiated program, employment, or child care obligations, and the person shall continue to receive supportive services until this assessment has been completed.
(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individuals barriers to employment.
(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participants abilities, consistent with the participants welfare-to-work plan, and the activities can be concurrently scheduled.
(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participants request for reassignment if another assignment is available that is consistent with the participants welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.
(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.
(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.
(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, as defined by the institution, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.
(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
SEC. 5.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)Except as provided in paragraph (2), a person who is required to, or volunteers to, participate under this article and who is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, as defined by the educational institution, and the county determines that continuing in the program is likely to lead to self-supporting employment for that person.
(1)A person enrolled in a postsecondary school pursuant to this section shall be exempt from the job club and job search requirements of Section 11325.22.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department or local education agency or provider has identified as leading to employment. The list shall be approved by the county annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the workforce metrics dashboard established under Section 14013 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, internship activities, or study time, as defined by the educational institution the person is attending, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program shall be reflected in the welfare-to-work plan required by Section 11325.21. When a welfare-to-work plan is developed, it shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4. For the purpose of determining eligibility for child care supportive services, a schedule approved by a college counselor shall be deemed sufficient verification of necessary child care.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g)Hours of participation in a self-initiated education or training program pursuant to this section are not subject to the limitations on work activities described in Section 11322.85.
SEC. 6.Section 11327.4 of the Welfare and Institutions Code is amended to read:11327.4.(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.
(2)(A)For the purposes of this article, the phrase failed or refused to comply with program requirements shall be limited to: failing or refusing to sign a welfare-to-work plan, or to participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, or accept employment; terminating employment; or reducing earnings.
(B)An individual who is currently participating in a self-initiated program that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as described in subdivision (a) of Section 11325.23.
(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:
(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.
(B)Agree to a compliance plan to correct the failure or refusal to comply.
(2)The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.
(3)The written notice of action sent by the county shall do all of the following:
(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.
(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.
(C)Inform the individual of the date and time of the scheduled appointment.
(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.
(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.
(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.
(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.
(H)Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.
(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.
(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.
(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.
(e)If the individual attends the appointment or contacts the county by telephone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.
(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.
(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.
(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.
SEC. 3.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)(1)Except as provided in paragraph (2), any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department human services agency and local education agencies or providers agree lead to employment. The list shall be agreed to annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the report card established under former Section 15037.1 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, or internship activities, or study time, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program shall be reflected in the welfare-to-work plan required by Section 11325.21. The welfare-to-work plan shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. This reimbursement shall be provided if no other source of funding for those costs is available. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider or private college shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law. laws.
SEC. 7.SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 5.Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until regulations are adopted, the State Department of Social Services shall implement this act through all-county letters or similar instructions issued no later than July 1, 2016. The department shall adopt regulations implementing this section on or before July 1, 2017.
SEC. 8.SEC. 6.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.
This act shall be known, and may be cited, as the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
SEC. 2.Section 11250.8 of the Welfare and Institutions Code is amended to read:11250.8.(a)If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that persons educational expenses shall not be applied to any educational loans or grants that, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.
(b)Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active duty personnel, personnel or veterans, and dependents, dependents or spouses of those who either died in the line of duty or have a service-connected disability, shall be totally exempt from consideration as income or property for purposes of determining eligibility or available income or property for purposes of this chapter.
SEC. 3.Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.(a)A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that he or she meets any of the following circumstances:
(1)The recipient is likely to obtain employment within six months.
(2)The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.
(3)The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education or vocational education, that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of his or her employment.
(4)The recipient needs an additional period of time to complete a welfare-to-work activity specified in his or her welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of his or her employment.
(5)The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.
(6)Other circumstances as determined by the department.
(b)(1)Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).
(2)An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.
(3)At any hearing disputing a countys denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.
(c)If, as a result of information already available to a county, including the recipients welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.
(d)An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.
SEC. 4.Section 11325.22 of the Welfare and Institutions Code is amended to read:11325.22.(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision, those who are participating in other activities or assessment pursuant to Section 11320.1, or those who are participating in a self-initiated program pursuant to Section 11325.23, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participants qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipients participation under this article.
(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.
(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipients performance during job search activities to determine whether extending the job search period would result in unsubsidized employment.
(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.
(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.
(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individuals existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.
(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.
(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23. If an assessment is determined to be necessary, the county shall schedule the assessment at a time that does not interfere in any way with the persons self-initiated program, employment, or child care obligations, and the person shall continue to receive supportive services until this assessment has been completed.
(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individuals barriers to employment.
(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participants abilities, consistent with the participants welfare-to-work plan, and the activities can be concurrently scheduled.
(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participants request for reassignment if another assignment is available that is consistent with the participants welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.
(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.
(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.
(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, as defined by the institution, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.
(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
SEC. 5.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)Except as provided in paragraph (2), a person who is required to, or volunteers to, participate under this article and who is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, as defined by the educational institution, and the county determines that continuing in the program is likely to lead to self-supporting employment for that person.
(1)A person enrolled in a postsecondary school pursuant to this section shall be exempt from the job club and job search requirements of Section 11325.22.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department or local education agency or provider has identified as leading to employment. The list shall be approved by the county annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the workforce metrics dashboard established under Section 14013 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, internship activities, or study time, as defined by the educational institution the person is attending, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program shall be reflected in the welfare-to-work plan required by Section 11325.21. When a welfare-to-work plan is developed, it shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4. For the purpose of determining eligibility for child care supportive services, a schedule approved by a college counselor shall be deemed sufficient verification of necessary child care.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g)Hours of participation in a self-initiated education or training program pursuant to this section are not subject to the limitations on work activities described in Section 11322.85.
SEC. 6.Section 11327.4 of the Welfare and Institutions Code is amended to read:11327.4.(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.
(2)(A)For the purposes of this article, the phrase failed or refused to comply with program requirements shall be limited to: failing or refusing to sign a welfare-to-work plan, or to participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, or accept employment; terminating employment; or reducing earnings.
(B)An individual who is currently participating in a self-initiated program that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as described in subdivision (a) of Section 11325.23.
(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:
(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.
(B)Agree to a compliance plan to correct the failure or refusal to comply.
(2)The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.
(3)The written notice of action sent by the county shall do all of the following:
(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.
(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.
(C)Inform the individual of the date and time of the scheduled appointment.
(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.
(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.
(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.
(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.
(H)Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.
(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.
(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.
(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.
(e)If the individual attends the appointment or contacts the county by telephone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.
(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.
(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.
(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.
SEC. 7.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 8.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.
This act shall be known, and may be cited, as the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
SEC. 2.Section 11250.8 of the Welfare and Institutions Code is amended to read:11250.8.(a)If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that persons educational expenses shall not be applied to any educational loans or grants that, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.
(b)Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service-connected disability, shall be totally exempt from consideration as income or property for purposes of determining eligibility or available income or property for purposes of this chapter.
SEC. 3.Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.(a)A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that he or she meets any of the following circumstances:
(1)The recipient is likely to obtain employment within six months.
(2)The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.
(3)The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education or vocational education, that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of his or her employment.
(4)The recipient needs an additional period of time to complete a welfare-to-work activity specified in his or her welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of his or her employment.
(5)The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.
(6)Other circumstances as determined by the department.
(b)(1)Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).
(2)An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.
(3)At any hearing disputing a countys denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.
(c)If, as a result of information already available to a county, including the recipients welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.
(d)An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.
SEC. 4.Section 11325.22 of the Welfare and Institutions Code is amended to read:11325.22.(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision, those who are participating in other activities or assessment pursuant to Section 11320.1, or those who are participating in a self-initiated program pursuant to Section 11325.23, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participants qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipients participation under this article.
(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.
(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipients performance during job search activities to determine whether extending the job search period would result in unsubsidized employment.
(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.
(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.
(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individuals existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.
(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.
(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23. If an assessment is determined to be necessary, the county shall schedule the assessment at a time that does not interfere in any way with the persons self-initiated program, employment, or childcare child care obligations, and the person shall continue to receive supportive services until this assessment has been completed.
(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individuals barriers to employment.
(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participants abilities, consistent with the participants welfare-to-work plan, and the activities can be concurrently scheduled.
(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participants request for reassignment if another assignment is available that is consistent with the participants welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.
(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.
(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.
(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, as defined by the institution, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.
(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
SEC. 5.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)Except as provided in paragraph (2), a person who is required to, or volunteers to, participate under this article and who is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, as defined by the educational institution, and the county determines that continuing in the program is likely to lead to self-supporting employment for that person.
(1)A person enrolled in a postsecondary school pursuant to this section shall be exempt from the job club and job search requirements of Section 11325.22.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department or local education agency or provider has identified as leading to employment. The list shall be approved by the county annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the workforce metrics dashboard established under Section 14013 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, internship activities, or study time, as defined by the educational institution the person is attending, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program shall be reflected in the welfare-to-work plan required by Section 11325.21. When a welfare-to-work plan is developed, it shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4. If hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than six weeks and the person is eligible to continue in the educational or vocational program following the break in instruction, child care supportive services shall be continued during the break period. For the purpose of determining eligibility for child care supportive services, a schedule approved by a college counselor shall be deemed sufficient verification of necessary child care.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g)Hours of participation in a self-initiated education or training program pursuant to this section are not subject to the limitations on work activities described in Section 11322.85.
SEC. 6.Section 11327.4 of the Welfare and Institutions Code is amended to read:11327.4.(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.
(2)(A)For the purposes of this article, the phrase failed or refused to comply with program requirements shall be limited to: failing or refusing to sign a welfare-to-work plan, or to participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, or accept employment; terminating employment; or reducing earnings.
(B)An individual who is currently participating in a self-initiated program that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as described in subdivision (a) of Section 11325.23.
(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:
(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.
(B)Agree to a compliance plan to correct the failure or refusal to comply.
(2)The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.
(3)The written notice of action sent by the county shall do all of the following:
(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.
(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.
(C)Inform the individual of the date and time of the scheduled appointment.
(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.
(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.
(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.
(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.
(H)Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.
(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.
(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.
(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.
(e)If the individual attends the appointment or contacts the county by telephone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.
(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.
(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.
(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.
SEC. 7.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 8.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.
This act shall be known, and may be cited, as the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
SEC. 2.Section 11250.8 of the Welfare and Institutions Code is amended to read:11250.8.(a)If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that persons educational expenses shall not be applied to any educational loans or grants that, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.
(b)Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service connected service-connected disability, shall be totally exempt from consideration as income or property for purposes of determining eligibility or available income or property for purposes of this chapter.
SEC. 3.Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.(a)A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that he or she meets any of the following circumstances:
(1)The recipient is likely to obtain employment within six months.
(2)The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.
(3)The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education or vocational education, that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of his or her employment.
(4)The recipient needs an additional period of time to complete a welfare-to-work activity specified in his or her welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of his or her employment.
(5)The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.
(6)Other circumstances as determined by the department.
(b)(1)Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).
(2)An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.
(3)At any hearing disputing a countys denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.
(c)If, as a result of information already available to a county, including the recipients welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.
(d)An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.
SEC. 4.Section 11325.22 of the Welfare and Institutions Code is amended to read:11325.22.(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision, those who are participating in other activities or assessment pursuant to Section 11320.1, or those who are participating in a self-initiated program pursuant to Section 11325.23, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participants qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipients participation under this article.
(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.
(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipients performance during job search activities to determine whether extending the job search period would result in unsubsidized employment.
(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.
(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.
(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individuals existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.
(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.
(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23. If an assessment is determined to be necessary, the county shall schedule the assessment at a time that does not interfere in any way with the persons self-initiated program, employment, or childcare obligations, and the person shall continue to receive supportive services until this assessment has been completed.
(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individuals barriers to employment.
(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participants abilities, consistent with the participants welfare-to-work plan, and the activities can be concurrently scheduled.
(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participants request for reassignment if another assignment is available that is consistent with the participants welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.
(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.
(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.
(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, as defined by the institution, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.
(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
SEC. 5.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)Except as provided in paragraph (2), a person who is required to, or volunteers to, participate under this article and who is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, as defined by the educational institution, and the county determines that continuing in the program is likely to lead to self-supporting employment for that person.
(1)A person enrolled in a postsecondary school pursuant to this section shall be exempt from the job club and job search requirements of Section 11325.22.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department or local education agency or provider has identified as leading to employment. The list shall be approved by the county annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the report card workforce metrics dashboard established under Section 15037.1 14013 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, internship activities, or study time, as defined by the educational institution the person is attending, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program may shall be reflected in the welfare-to-work plan required by Section 11325.21. If When a welfare-to-work plan is developed, it shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4. If hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than six weeks and the person is eligible to continue in the educational or vocational program following the break in instruction, child care supportive services shall be continued during the break period.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g)A person participating Hours of participation in a self-initiated education or training program pursuant to this section is are not subject to the limitations on work activities described in Section 11322.85.
SEC. 6.Section 11327.4 of the Welfare and Institutions Code is amended to read:11327.4.(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.
(2)(A)For the purposes of this article, the phrase failed or refused to comply with program requirements shall be limited to: failing or refusing to sign a welfare-to-work plan, or to participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, or accept employment; terminating employment; or reducing earnings.
(B)An individual who is currently participating in a self-initiated program that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as described in subdivision (a) of Section 11325.23.
(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:
(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.
(B)Agree to a compliance plan to correct the failure or refusal to comply.
(2)The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.
(3)The written notice of action sent by the county shall do all of the following:
(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.
(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.
(C)Inform the individual of the date and time of the scheduled appointment.
(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.
(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.
(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.
(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.
(H)Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.
(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.
(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.
(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.
(e)If the individual attends the appointment or contacts the county by phone telephone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.
(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.
(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.
(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.
SEC. 7.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 8.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.
This act shall be known, and may be cited, as the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
SEC. 2.Section 11250.8 of the Welfare and Institutions Code is amended to read:11250.8.(a)If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that persons educational expenses shall not be applied to any educational loans or grants which, that, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.
(b)Education, training, vocation, or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs for active duty personnel, veterans, and dependents, or spouses of those who died in the line of duty or have a service connected disability, shall be totally exempt from consideration as income for purposes of determining eligibility or available income for purposes of this chapter.
SEC. 3.Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.(a)A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that he or she meets any of the following circumstances:
(1)The recipient is likely to obtain employment within six months.
(2)The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.
(3)The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education, education or vocational education, or a self-initiated program that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of his or her employment.
(4)The recipient needs an additional period of time to complete a welfare-to-work activity specified in his or her welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of his or her employment.
(5)The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.
(6)Other circumstances as determined by the department.
(b)(1)Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).
(2)An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.
(3)At any hearing disputing a countys denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.
(c)If, as a result of information already available to a county, including the recipients welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.
(d)An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.
(e)This section shall become operative on January 1, 2013.
SEC. 4.Section 11325.22 of the Welfare and Institutions Code is amended to read:11325.22.(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision or, those who are participating in other activities or assessment pursuant to Section 11320.1, or those who are participating in a self-initiated program pursuant to Section 11325.23, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participants qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipients participation under this article.
(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.
(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipients performance during job search to determine whether extending the job search period would result in unsubsidized employment.
(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.
(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.
(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individuals existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.
(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.
(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23. If an assessment is determined to be necessary, the county shall schedule the assessment at a time that does not interfere in any way with the persons self-initiated program, employment, or childcare obligations, and the person shall continue to receive supportive services until this assessment has been completed.
(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individuals barriers to employment.
(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participants abilities, consistent with the participants welfare-to-work plan, and the activities can be concurrently scheduled.
(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participants request for reassignment if another assignment is available that is consistent with the participants welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.
(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.
(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.
(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, as defined by the institution, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.
(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
(g)This section shall become operative on January 1, 2014.
SEC. 5.Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.(a)(1)Except as provided in paragraph (2), any student who, at the time he or she a person who is required to, or volunteers to, participate under this article pursuant to Section 11320.3, and who is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, as defined by the educational institution, and the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. person.
(1)A person enrolled in a postsecondary school pursuant to this section shall be exempt from the job club and job search requirements of Section 11325.22.
(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.
(3)(A)Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department and or local education agencies or providers agree lead agency or provider has identified as leading to employment. The list shall be agreed to approved by the county annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the report card established under Section 15037.1 of the Unemployment Insurance Code for the programs to remain on the list.
(B)For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.
(C)If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, or internship activities, or study time, as defined by the educational institution the person is attending, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22.
(b)Participation in the self-initiated education or vocational training program shall may be reflected in the welfare-to-work plan required by Section 11325.21. The If a welfare-to-work plan is developed, it shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22.
(c)Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating and the self-initiated program continues to meet the approval criteria.
(d)Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. This reimbursement shall be provided if no other source of funding for those costs is available. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4. If hours of participation in educational or vocational training are reduced due to a break in instruction at the institution lasting no more than six weeks and the person is eligible to continue in the educational or vocational program following the break in instruction, child care supportive services shall be continued during the break period.
(e)Any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue his or her educational program if he or she continues to make satisfactory progress. At the time the educational break occurs, the individual is required to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue his or her education, provided he or she transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work plan reflects that determination.
(f)Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g)A person participating in a self-initiated education or training program pursuant to this section is not subject to the limitations on work activities described in Section 11322.85.
SEC. 6.Section 11327.4 of the Welfare and Institutions Code is amended to read:11327.4.(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.
(2)(A)For the purposes of this article, the phrase failed or refused to comply with program requirements shall be limited to: failing or refusing to sign a welfare-to-work plan, or to participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, including self-initiated programs described in Section 11325.23 or accept employment; terminating employment; or reducing earnings.
(B)An individual participating in a self-initiated program shall not be subject to sanctions on the basis of failure or refusal to sign a welfare-to-work plan if the individual is making satisfactory progress in that program, as described in subdivision (a) of Section 11325.23.
(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:
(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.
(B)Agree to a compliance plan to correct the failure or refusal to comply.
(2)The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.
(3)The written notice of action sent by the county shall do all of the following:
(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.
(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.
(C)Inform the individual of the date and time of the scheduled appointment.
(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.
(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.
(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.
(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.
(H)Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.
(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.
(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.
(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.
(e)If the individual attends the appointment or contacts the county by phone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.
(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.
(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.
(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.
SEC. 7.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 8.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.
|
Date
|
Status
|
|---|---|
| Jun 2, 2015 | Read second time. Ordered to third reading. |
| Aug 27, 2015 | In committee: Held under submission. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Aug 17, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 16, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 15, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (July 14). |
| Jun 18, 2015 | Referred to Com. on HUMAN S. |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 25. Page 1870.) |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 3, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 25, 2015 | Read first time. To print. |
| Jun 1, 2015 | Read second time and amended. Ordered returned to second reading. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28). |
| May 6, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 14). Re-referred to Com. on APPR. |
| Apr 13, 2015 | Re-referred to Com. on HUM. S. |
| Apr 9, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 12, 2015 | Referred to Com. on HUM. S. |
| Feb 26, 2015 | From printer. May be heard in committee March 28. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 3, 2015 | AB 743 EGGMAN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Alternative Payment Program Association | ** Support | Apr 14, 2015 |
| California Association of Foodbanks | * Support | Apr 14, 2015 |
| California Partnership | ** Support | Aug 17, 2015 |
| California School Employees Association | ** Support | Aug 17, 2015 |
| Coalition of California Welfare Rights Organizations | * Indeterminate | Apr 14, 2015 |
| Courage Campaign | ** Support | Aug 17, 2015 |
| National Association of Social Workers | ** Support | Aug 17, 2015 |
| National Association of Social Workers -California Chapter | ** Support | Apr 14, 2015 |
| Western Center On Law And Poverty Inc. | * Support | Aug 17, 2015 |
AB 743 (Eggman) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 743 (Eggman) - CalWORKs: eligibility: work activities
|
|
Version: August 17, 2015 |
Policy Vote: HUMAN S. 3 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 743 would make the following changes to the California Work Opportunity and Responsibility to Kids (CalWORKs) program:
Exempts from consideration as income or property for purposes of determining CalWORKs eligibility, any education, training, vocation, or rehabilitation benefits, and related allowances, provided through the U.S. Department of Veterans Affairs, to active duty personnel, veterans, or dependents or spouses of those who died in the line of duty or have a service-connected disability.
Adds study time to classroom, laboratory, and internship activities that are required to be counted toward participation requirements for self-initiated programs (SIPs).
Specifies that a degree, certificate, or vocational program offered by a private college shall not be approved unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other laws.
Fiscal Impact:
Potentially significant ongoing costs in the hundreds of thousands of dollars (General Fund) annually for CalWORKs caseload increases and associated grant payments and services due to the expanded exemption of veterans' benefits from consideration as income for CalWORKs eligibility purposes.
Potential ongoing increase in CalWORKs grant payments (General Fund) to the extent adding study time as an allowable activity to meet work requirements results in fewer sanctions for noncompliance being imposed.
Background:
Existing law establishes the CalWORKs program, under which each county provides cash assistance and other social services using federal Temporary Assistance for Needy Families (TANF) block grant funds, state, and county funds. The Department of Social Services (DSS) provides oversight of the CalWORKs program at the state-level.
Under existing law, if an applicant or recipient of CalWORKs benefits receives one or more educational loans or grants, for purposes of determining availability of income, that person’s educational expenses are not applied to any educational loans or grants that, under federal or state law, are totally exempt from consideration as income for purposes of determining CalWORKs eligibility.
The Post-9/11 GI Bill provides for an education benefit program for individuals who served on active duty after September 10, 2001. Benefits include tuition and fee payment paid to the educational institution, a monthly housing allowance, as well as a stipend for books and supplies. Although existing law currently exempts the educational benefits received through the Post-9/11 GI Bill from the calculation of income for purposes of determining CalWORKs eligibility, existing statute is silent with respect to how housing allowances are considered, and whether educational benefits received by survivors or transferred to family members are similarly exempt from income eligibility consideration.
A self-initiated program (SIP) is an education/training program in which the participant was enrolled prior to the orientation/appraisal appointment. Existing state regulations provide that a SIP is approved based on meeting all of the following criteria:
The individual is enrolled as of the date he or she is appraised, or the date he or she would have been appraised if he or she had not failed, without good cause, to appear for the appraisal appointment;
The individual is making satisfactory progress in that program;
The program will lead to self-supporting employment; and,
The individual’s welfare-to-work plan reflects this determination.
Under existing state regulations, unless a SIP participant receives academic credit for study time, study time may not be included in a SIP participant’s welfare-to-work plan. If participation in a SIP, as determined by the number of hours required for classroom, laboratory, or internship activities does not meet the per week hourly participation requirements, the county must require concurrent participation in specified welfare-to-work activities to reach the hourly participation requirement. This bill would revise existing law by providing that study time for classroom, laboratory and internship activities are required to be counted toward work participation requirements for SIP participants.
Proposed Law:
This bill would enact the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015, as follows:
Exempts from consideration as income or property when determining eligibility for the CalWORKs program any education, training, vocation or rehabilitation benefits, as defined, provided by the U.S. Department of Veterans Affairs for active duty personnel, veterans, or dependents or spouses of those who died in the line of duty or have a service-connected disability.
Adds study time to classroom, laboratory, and internship activities that are required to be counted toward participation requirements for the SIP program.
Specifies that a degree, certificate, or vocational program offered by a private college shall not be approved unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other laws.
-- END --
AB 743 (Eggman) Page 7 of 7
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 743
Author: |
Eggman |
||
Version: |
June 1, 2015 |
Hearing Date: |
July 14, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Mareva Brown |
||
Subject: CalWORKs: eligibility: work activities
SUMMARY
This bill exempts from consideration as income or property in determining CalWORKs eligibility any education, training, vocation, or rehabilitation benefits provided through the U.S. Department of Veterans Affairs for active duty personnel, veterans, dependents, or spouses, as specified. Additionally, it exempts a participant in a self-initiated education and training program (SIP) from the requirement that the person participate in job search activities. The bill would also exempt hours of participation in a SIP from the 24-month time clock, as specified. The bill authorizes study time, as defined by the educational institution, to be counted toward the participant’s minimum work participation hours requirements. Additionally the bill requires that supportive services be provided to a person participating in a SIP until an assessment has been completed, if an assessment is found to be necessary. The bill requires that a course schedule approved by a college counselor be deemed sufficient verification of the need for child care. The bill would also require the county to annually approve a list of programs identified by the county or local educational agencies or providers as leading to employment.
ABSTRACT
Existing law:
Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan, and stablishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (42 USC § 601 et seq.)(WIC 10530)
Establishes eligibility for aid under the CalWORKs program, including income and asset requirements and exemptions from considering certain income and assets in determining eligibility. (WIC 11250)
Requires CalWORKs recipients to participate in a welfare-to-work plan, unless exempted and as defined, in order to remain eligible for CalWORKs benefits, (WIC 11320.3.) and defines the scope and sequence of activities (WIC 11320.1)
Establishes the right of a recipient who is enrolled in an undergraduate degree or certificate program at the time of enrollment in the CalWORKs program to continue in this “self-initiated program,” (SIP) if the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. (WIC 11325.23)
Requires that an applicant or recipient participate in welfare-to-work activities, including specified hours in specified activities within the first 24 months, and other federally identified activities to maintain eligibility in the program after 24 months, until the 48-month lifetime limit on aid is exhausted. (WIC 11322.85)
Exempts individuals from the requirement to participate in job search activities, as defined, who are participating in Cal-Learn, or are a custodial parent under age 20 and completing a high school diploma, as defined. (WIC 11325.22. (a) (1))
Requires that at the time a recipient enters the welfare-to-work program, the county shall conduct an appraisal, as specified, to gather and provide information about the recipient including educational and employment history, housing and stability, domestic violence, physical and behavioral health, and others. (WIC 11325.2)
Exempts participants in a SIP from the requirement to participate in an assessment prior to beginning welfare-to-work activities, unless the county determines that the assessment is necessary to meet required work-participation hours, (WIC 11325.22 (a)(2)(C))
Requires that individuals who participate in SIPs be reimbursed for supportive services, and that reimbursement shall be provided if no other source of funding for those costs is available. (WIC 11325.23)
Requires that if an individual fails or refuses to comply with program requirements without good cause in a program component to which he or she is assigned or with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions, as specified (WIC 11327.4)
This bill:
Names this bill the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
Exempts from consideration as income or property when determining eligibility for the CalWORKs program any education, training, vocation or rehabilitation benefits, as defined, provided by the U.S. Department of Veterans Affairs for active duty personnel, veterans, or dependents or spouses of those who died in the line of duty or have a service connected disability.
Removes a SIP from the mandated activities and time frames in the state’s the 24-month clock, and makes corresponding changes to existing law.
Exempts individuals in a SIP from the requirement to be assigned to four consecutive weeks in job club and job search activities in order to maintain eligibility for CalWORKs benefits.
Adds to the statutory requirement that a county must determine that an assessment is necessary to develop a welfare-to-work plan for a person in a SIP, as specified, the requirement that if an assessment is required, it be scheduled at a time that does not interfere with a person’s SIP, employment or child care obligations and that the person continue to receive supportive services until the assessment has been completed.
Establishes that the definition of “satisfactory progress” that is required for ongoing participation in a SIP is determined by the educational or vocational institution.
Establishes that a list of programs that are determined to lead to employment within the SIP program must be approved by the county annually, instead of agreed upon by the county and local education agency or provider.
Adds study time to classroom, laboratory and internship activities that are required to be counted toward participation requirements for the SIP program.
Establishes that a schedule approved by a college counselor is sufficient verification of necessary child care hours to determine eligibility for child care services, and deletes the requirement that reimbursement for child care shall be provide if no other source of funding for those costs is available.
Removes the potential for sanctioning an individual in a SIP for failing or refusing to comply with program requirements.
Mandates that an individual in a SIP that is reflected in a welfare-to-work plan shall not be subject to sanctions on the basis of failure to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as defined.
Requires that no appropriation, as defined, be made in implementing this act.
FISCAL IMPACT
According to an Assembly Appropriations Committee analysis, this bill would result in ongoing costs in the range of $60,786 to $300,900 (Federal funds/GF) for CalWORKs caseload increases and increased grant amounts for those already receiving aid, due to the expanded exemption of veterans' benefits. A portion of new recipients will likely qualify for additional services as well, such as child care, which will increase these costs further. Additionally, the Assembly Appropriations Committee analysis identified minor administrative costs to the Department of Social Services (DSS) resulting from other provisions in the bill.
BACKGROUND AND DISCUSSION
Purpose of the bill:
This bill makes several changes in the CalWORKs program to make it easier for a beneficiary to go to college and obtain a degree or certificate. It removes the requirement that beneficiaries who are working toward a degree or certificate additionally participate in the welfare-to-work job search program. It requires that a SIP should include study time, and prohibits a county eligibility worker from disregarding student expenses when a CalWORKs beneficiary is receiving military educational benefits, as defined.
The author writes that schoolwork should be considered a priority and component of the Welfare-to-Work Program. This bill would eliminate the requirement that CalWORKs recipients who participate in an employment training or education program also participate in the job search component of CalWORKs welfare-to-work program before their certificate or degree is completed. According to the author, studies have shown higher education is the best pathway out of poverty and into a stable, well-paying job. AB 743 provides a clearer path for students living in poverty to attend and more importantly, complete their degree or certificate, the author states.
Poverty and Education
California has the highest poverty rate in the nation – just under one-quarter of residents are living at or below the federal poverty level (FPL), earning no more than $20,090 per year for a family of three. According to a 2009 paper by the National Bureau of Economic Research there is a strong link between middle-class income and the receipt of a college degree: “While thirty years ago a high school degree was sufficient for financial security, it is now a college degree that is the key to a middle-class lifestyle.”1
A 2014 report by the Pew Research center, underscored the ongoing significance of a college education: “On virtually every measure of economic well-being and career attainment—from personal earnings to job satisfaction to the share employed full time—young college graduates are outperforming their peers with less education. And when today’s young adults are compared with previous generations, the disparity in economic outcomes between college graduates and those with a high school diploma or less formal schooling has never been greater in the modern era.”2 The report included the chart, below.
CalWORKs
One of California’s most essential anti-poverty strategies is the California Work Opportunity and Responsibility to Kids program (CalWORKs), which provided cash assistance to approximately 540,000 families in 2014, including more than 1 million children. Federal funding for CalWORKs comes from the TANF block grant. Currently, the maximum grant for a family of three in a high-cost California county is $704 per month, or $8,448 per year -- approximately 42 percent of the federal poverty level (FPL). In 1989, a grant to a similar family was worth about 81 percent of FPL, and 55 percent in 1997. Part of the reason for this decline has been a series of changes over the past five years including significant grant cuts, the elimination of a Cost of Living Adjustment, and a major restructuring of the welfare-to-work activities, requirements and time limits. Adults in the program have gone from a 60-month lifetime limit on CalWORKs aid to a 48-month limit, with strict requirements on work participation to remain in the program after 24 months.
Self initiated programs
A CalWORKs participant who is entering the program and already is participating in an undergraduate degree or certificate program may enter into a SIP. SIP participants must be enrolled in a program and the county must determine that continuing in the program is likely to lead to self-supporting employment. Various counties may apply the SIP differently. In order to be enrolled as a SIP, a CalWORKs beneficiary may not already have a bachelor’s degree, certificate or vocational license. SIPs must comply with weekly educational activities, and they are eligible for child care and other supportive services, providing they make satisfactory progress in their program.
Under current law, a CalWORKs recipient can remain in an educational program – in lieu of work activity – for the first 24 months of benefits due to the flexibility of the 24-month time clock. A SIP may continue in the educational program for a year after the end of the 24-month clock due to a one-year federal allowance for educational activities. If a SIP has not completed the school program in those three years, the individual then must meet federal work-participation requirements to remain eligible for CalWORKs benefits. According to CDSS, there are about 6,000 SIPs in the CalWORKs caseload.
GI Bill
The original GI Bill was enacted by Congress to help pave an easy transition for World War II veterans returning home. Although the bill provided a variety of benefits, including down-payments on homes, one of its best-known benefits was to provide tuition payments for servicemen. In 2008, a “Post-9/11 GI Bill” was enacted to provide enhanced educational benefits, money for books and a living allowance to veterans with active duty service on or after September 11, 2001. The bill allows veterans to transfer any unused educational benefits to their spouses or children, within specified allowances.
According to September 2014 estimates from the US Department of Veterans Affairs, more than 1.8 million veterans lived in California, or about one in eight of the 22 million veterans in the United States. Another 156,000 active duty military personnel lived in California as of 2012. Existing law currently exempts G.I. Bill education benefits from calculation in CalWORKs eligibility, but the statute is silent as to whether housing stipends available for post-911 GI Bill recipients or education benefits received by survivors are exempt from consideration under the CalWORKs program.
COMMENTS
This bill makes substantial changes to the structure of the CalWORKs program for individuals who are engaged in study leading to a degree or certification through a SIP. Research links attainment of a college degree with higher income, and advocates have argued that enabling CalWORKs recipients who want to earn a degree is one of the surest paths out of poverty. Advocates and the author say this bill is in response to concerns statewide that there are barriers within the CalWORKs program that prevent participants from pursuing educational activities.
Should this bill be passed from this committee, staff recommends the author address all of the following concerns prior to being heard in the next committee:
24-month clock: Removal of the SIP from the 24-month time clock (section 4) would eliminate the opportunity to participate in associated welfare-to-work services, such as Family Stabilization. If the intent is not for SIPs to lose all 24-month clock services, the author needs to make that clarification.
Determining progress: This bill removes the county’s authority to determine if a SIP is making satisfactory educational progress and vests that authority instead with the SIPs educational or vocational institution. Similarly, the bill authorizes the educational institution to determine if a program of study is leading to employment, rather than requiring that it be determined jointly with the county. (Sections 4 and 5). There are concerns that some institutions may have less rigorous standards in making these determinations. The author needs to clarify who makes the decision or how it is made.
Defining a SIP: This bill appears to remove the criteria for becoming a SIP, which had been to be enrolled in an educational program prior to obtaining CalWORKs authorization. (Section 5) Under the bill, a SIP may be anyone who is enrolled in any undergraduate degree or certificate program that leads to employment. The author should clarify if there is a distinction between individuals in CalWORKs who are pursuing education through a welfare-to-work plan from individuals pursuing education through a SIP. The author also should clarify how the county makes such a distinction.
Child care verification: This bill enables a SIP to provide a schedule approved by a college counselor in order to establish eligibility for child care. (Section 5) This attempt to solve the problem of participants whose official schedules are released so close to the beginning of school that they are unable to set up child care before classes start. The Department of Social Services has indicated an interest in continued discussion of this problem and resolution. Should the bill move forward, the author may wish to attempt to resolve this issue via a work group in order to more precisely identify the resolution.
Additionally, in order to clarify language around who may receive the benefit exemptions, staff recommends making the following amendment to Section 2 of the bill as follows:
11250.8. (b) Education,
training, vocation, or rehabilitation benefits, and related
allowances provided through the United States Department of Veterans
Affairs for active duty personnel,
personnel
or
veterans,
and dependents,
dependents
or
spouses of those who either
died in the
line of duty or have a service-connected disability, shall be totally
exempt from consideration as income or property for purposes of
determining eligibility or available income or property for purposes
of this chapter.
PRIOR VOTES
Assembly Floor: |
53 - 25 |
Assembly Appropriations Committee: |
12 - 5 |
Assembly Human Services Committee: |
5 - 2 |
POSITIONS
Support:
Western Center on Law and Poverty (Sponsor)
California Partnership
California School Employees Association
Courage Campaign
National Association of Social Workers
Oppose:
None received.
-- END --
1 Deming, David, et al.,”Into College, Out of Poverty? Policies to Increase the Postsecondary Attainment of the Poor,” National Bureau of Economic Research, September 2009
2 Pew Research Center, “The Rising Cost of Not Going to College,” November 2014
AB 743
Page 5
ASSEMBLY THIRD READING
AB 743
(Eggman)
As Amended June 1, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Human Services |
5-2 |
Chu, Calderon, Lopez, Mark Stone, Thurmond |
Mayes, Maienschein |
Appropriations |
12-5 |
Gomez, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Gordon, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones, Wagner |
SUMMARY: Establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) Self-Sufficiency through Education and GI Bill Exemption Act of 2015. Specifically, this bill:
Ensures education, training, vocation or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs, as specified, are not considered as income or property for purposes of determining CalWORKs eligibility or grant levels.
Provides that individuals participating in a self-initiated program leading to employment, as specified, are not required to participate in job search activities.
Requires a county, upon determining that a welfare-to-work plan assessment is necessary for a person participating in an approved self-initiated program, as specified, to schedule the assessment at a time that does not interfere in any way with the person's self-initiated program, employment, or child care obligations, and requires supportive services to continue for that person until the assessment has been completed.
Provides that satisfactory progress in an assigned education or training activity shall be defined by the institution administering the education or training activity.
Provides that satisfactory progress in an undergraduate degree or certificate program that leads to employment shall be defined by the educational institution.
Exempts a person enrolled in postsecondary school, as specified, from CalWORKs job club and job search requirements, as defined.
Provides that either a county welfare department or a local education agency or provider can identify a self-initiated program as leading to employment. Deletes the requirement that a county annually agree to a list of such activities, and instead requires a county to approve the list, annually.
Establishes a statewide standard for allowable activities identified as leading to employment by aligning the list of allowable activities used at the county level with the list used by the Employment Development Department.
Allows study time, as defined by the educational institution a person is attending, to be counted toward the minimum number of hours of welfare-to-work participation that are required, as specified.
Deletes language that only authorizes supportive services reimbursement for participation in a self-initiated training or education program when no other source of funding for those costs is available.
Requires a schedule approved by a college counselor to be deemed sufficient verification for the purpose of determining eligibility for, and need of, child care.
Excludes any hours of participation in a self-initiated education or training program from the work activity limitations of the CalWORKs 24-month time clock.
Removes self-initiated programs from consideration among assigned program activities when determining whether a person has failed or refused to comply with program requirements.
Prohibits subjecting an individual who is currently participating in a self-initiated program that is reflected in his or her welfare-to-work plan from being subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as defined by the institution administering the program.
EXISTING LAW:
Establishes several education programs available to military veterans, including post-9/11 educational assistance, as specified. (38 United States Code (U.S.C.) Section 3313)
Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. Section 601 et seq., Welfare and Institutions Code (WIC) Section 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is approximately 40% of the Federal Poverty Level. (WIC Sections11450 and 11150 et seq.)
Prohibits a CalWORKs applicant or recipient’s educational expenses from being applied to any educational loans or grants he or she receives that are exempt from consideration as income for purposes of determining CalWORKs eligibility. (WIC Section 11250.8)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including a CalWORKs welfare-to-work 24-month time clock, upon exhaustion of which a recipient must meet federal work requirements in order to retain eligibility. (WIC Sections 11454 and 11322.85)
Requires necessary supportive services, including child care, transportation, ancillary costs and personal counseling, as specified, to be available to every CalWORKs participant in order to facilitate his or her participation in the CalWORKs program activity to which he or she is assigned or acceptance of employment. (WIC Section 11323.2)
Makes paid child care available as a supportive service to every CalWORKs participant with a dependent child in the assistance unit who needs paid child care and is under 10 years of age or requires child care due to a physical, mental, or developmental disability, or is under court supervision. (WIC Section 11323.2 (a)(1)(A))
Requires any individual required to participate in welfare-to-work activities to enter into a written welfare-to-work plan with the county welfare department after an assessment is conducted, as specified. (WIC Section 11325.21)
Requires all welfare-to-work participants, except those participating in the Cal-Learn Program or engaged in obtaining a high school diploma or its equivalent, to be assigned to participate in job search activities for a period of up to four consecutive weeks following the initial CalWORKs appraisal. (WIC Section 11325.22)
Establishes the following provisions pertaining to participation in self-initiated education and training programs:
Permits a student enrolled in any undergraduate degree or certificate program that leads to employment to continue in that program upon commencing CalWORKs aid, provided he or she is making satisfactory progress in the program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination;
Provides that a program shall only be determined to lead to employment if it is on a list of programs that the county welfare department and local education agencies or providers agree lead to employment, and requires the list to be agreed to annually. Further requires the county to determine whether a program leads to employment if it is not included in the agreed upon list;
Requires concurrent participation in additional work activities if participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, or internship activities, does not fulfil the weekly 30 or 20 hour work requirement, as specified;
Requires participation in a self-initiated education or vocational training program to be reflected in a recipient's welfare-to-work plan;
Authorizes a person whose previously approved self-initiated education or training program is interrupted for reasons that meet good cause criteria, as specified, to resume participation in the same program if the participant maintained good standing in the program and the program continues to meet the county approval criteria; and
Requires supportive services reimbursement to be provided for any participant in a self-initiated educational or training program provided that no other source of funding for those services is available. (WIC Section11325.23)
FISCAL EFFECT: According to the Assembly Appropriations Committee:
On-going costs in the range of $ 60,786 to $300,900 (Federal funds/General Fund) for CalWORKs caseload increases and increased grant amounts for those already receiving aid, due to the expanded exemption of veterans' benefits from consideration as income for CalWORKs eligibility purposes. The average grant amount for a family of three is $6,078 per year. A portion of new recipients will likely qualify for additional services as well, such as child care, which will increase these costs further.
Minor administrative costs to the Department of Social Services (DSS) resulting from other provisions in the bill.
COMMENTS:
CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age 12 and almost 40% are under age five.
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education, and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant is subtracted from the amount provided to the family to meet basic needs.
Self-initiated programs: While most parents applying for CalWORKs assistance have gaps in their education or minimal prior job experience, the recent recession resulted in numerous college students and people who had been laid off from their jobs showing up for the first time in county offices to figure out how to make ends meet for their families. Under current law, a person applying for CalWORKs aid that is already enrolled in an undergraduate or certificate program that will lead to self-sustaining employment can remain in that program provided he or she is making satisfactory progress in the program. Such programs are referred to as "self-initiated programs" because they are the result of the applicant or recipient engaging in an education or training program without first needing to go through a CalWORKs assessment in order to gauge his or her employment skills and abilities. While individuals participating in self-initiated programs should be able to develop their welfare-to-work plans in a way that accommodates their current approved activities, the flow of statutory requirements designed to help CalWORKs recipients obtain and maintain employment includes job search activities for a period of up to four weeks for most participants. Job search activities can provide beneficial, gradual exposure to new working environments for many welfare-to-work participants, but this requirement often interferes with education and training schedules for self-initiated program participants.
GI Bill: Originally signed in 1944 and envisioned, in part, as a means to aid in the transition back to civilian life, GI Bill benefits have been increasingly relied upon to ensure a pathway to education for active military personnel and veterans. In 2008, the GI Bill was updated to give veterans with active duty service on or after September 11, 2001, enhanced educational benefits that provide additional funding for educational expenses, money for books, and a living allowance. Another feature of the post-9/11 GI bill is the ability for veterans to transfer any unused educational benefits to their spouses or children, provided they meet certain United States (US) Department of Veterans Affairs requirements. According to September 2014 estimates from the US Department of Veterans Affairs, California is home to over 1.8 million veterans, which accounts for 12% of the national veteran population of 22 million. A report prepared for the US Department of Defense revealed that in 2012, there were 155,985 active duty military personnel in California.
Need for this bill: This bill seeks to encourage educational options for low-income parents that will lead to long-term, improved outcomes for themselves and their families. By removing unnecessary disruptions and barriers to continuing in an education or training program in which a CalWORKs applicant or recipient is making satisfactory progress, this bill will grant more parents access to the education options and support already available to them while avoiding damaging setbacks. Additionally, this bill ensures that statute is clear relative to not factoring GI Bill benefits, including the housing stipend, into income or property calculations for CalWORKs applicants. By doing so, this bill allows military service members, their spouses and their children to utilize earned benefits without having to forgo receipt of those benefits if they happen to need additional assistance to stabilize their families.
According to the author, "This bill seeks to help some of our most hard-working students that are fighting to improve their lives as well as their families. There are over 30,000 parents who are improving their future earning potential and the life opportunities of their children by seeking a certificate or degree while participating in welfare-to-work. Research shows that securing post-secondary degree will improve the likelihood of exiting poverty and reduce reliance on safety net programs. Supporting the success of low-income parents in their academic and employment and training goals not only improves the economic opportunities, but research has shown that it makes their children more likely to finish high school and to seek college opportunities for themselves. This two-generation approach to poverty reduction is being recognized nationally as a strategy that works."
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000770
AB 743
Page 2
Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 743
(Eggman) – As Amended April 9, 2015
Policy Committee: |
Human Services |
Vote: |
5 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill makes a number of changes to the California Work Opportunity and Responsibility to Kids (CalWORKs) program regarding GI Bill educational benefits and other vocational education and higher education components of the CalWORKs Welfare-to-Work program. Among its provisions, this bill:
Expands the types of benefits exempt from consideration as income or property for purposes of determining CalWORKs eligibility, to include all veterans' education, training, vocation, or rehabilitation benefits, and related allowances, paid through the US Department of Veterans Affairs. (This ensures that the new benefits provided under the Post-9/11 GI Bill, specifically the Monthly Living Allowances (MLAs) and/or Basic Allowances for Housing (BAH), are not counted as income or property for CalWORKs eligibility purposes.)
Requires child care supportive services under CalWORKs to be continued, for a period not to exceed six weeks, when hours of educational or vocational training are reduced due to a break in instruction at an institution (e.g. semester break) and an individual is eligible to continue in the educational or vocational program following the break in instruction.
Makes clarifying changes related to CalWORKs college participation regarding job search, study time and assessment requirements for recipients enrolled in an education program through the CalWORKs Community College program or a Self-Initiated Program leading to employment.
FISCAL EFFECT:
On-going costs in the range of $60,786 to $300,900 (Federal funds/GF) for CalWORKs caseload increases and increased grant amounts for those already receiving aid, due to the expanded exemption of veterans' benefits from consideration as income for CalWORKs eligibility purposes. The average grant amount for a family of three is $6,078 per year. A portion of new recipients will likely qualify for additional services as well, such as child care, which will increase these costs further.
On-going annual costs in the range of $275,000 to $650,000 (Federal funds/GF) for additional child care supportive services to cover breaks at school. There are an estimated 1,200 students in CalWORKs receiving childcare at an average monthly cost of $680. Many students will already qualify for childcare assistance during school breaks (by meeting other welfare-to-work requirements) so only a fraction will need the service offered in this bill.
Minor administrative costs to the Department of Social Services (DSS) resulting from other provisions in the bill.
COMMENTS:
Purpose. This bill seeks to encourage educational options for low-income parents by removing unnecessary disruptions and barriers to continuing in an education or training program in which a CalWORKs applicant or recipient is making satisfactory progress.
According to the author, “This bill seeks to help some of our most hard-working students that are fighting to improve their lives as well as their families. There are over 30,000 parents who are improving their future earning potential and the life opportunities of their children by seeking a certificate or degree while participating in welfare-to-work. Research shows that securing post-secondary degree will improve the likelihood of exiting poverty and reduce reliance on safety net programs. Supporting the success of low-income parents in their academic and employment and training goals not only improves the economic opportunities, but research has shown that it makes their children more likely to finish high school and to seek college opportunities for themselves. This two-generation approach to poverty reduction is being recognized nationally as a strategy that works.”
Background. Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education, and vocational education and training when the education is needed for the recipient to become employed; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults need at least 30 hours per week in welfare-to-work activities, and two-parent families need 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant is subtracted from the amount provided to the family to meet basic needs.
Self-initiated Programs. Under current law, a person applying for CalWORKs aid who is already enrolled in an undergraduate or certificate program that will lead to self-sustaining employment can remain in that program provided he or she is making satisfactory progress in the program. Such programs are referred to as “self-initiated programs” because the applicant or recipient is engaging in an education or training program without first needing to go through a CalWORKs assessment in order to gauge his or her employment skills and abilities.
This bill seeks to ensure that CalWORKs recipients making satisfactory progress in education programs can continue to meet welfare-to-work requirements and ultimately become successfully employed.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 743
Page 6
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
AB 743
(Eggman) – As Amended April 9, 2015
SUBJECT: CalWORKs: eligibility: work activities
SUMMARY: Establishes the CalWORKs Self-Sufficiency through Education and GI Bill Exemption Act of 2015.
Specifically, this bill:
Ensures education, training, vocation or rehabilitation benefits, and related allowances provided through the United States Department of Veterans Affairs, as specified, are not considered as income or property for purposes of determining CalWORKs eligibility or grant levels.
Provides that individuals participating in a self-initiated program leading to employment, as specified, are not required to participate in job search activities.
Requires a county, upon determining that a welfare-to-work plan assessment is necessary for a person participating in an approved self-initiated program, as specified, to schedule the assessment at a time that does not interfere in any way with the person’s self-initiated program, employment, or child care obligations, and requires supportive services to continue for that person until the assessment has been completed.
Provides that satisfactory progress in an assigned education or training activity shall be defined by the institution administering the education or training activity.
Provides that satisfactory progress in an undergraduate degree or certificate program that leads to employment shall be defined by the educational institution.
Exempts a person enrolled in postsecondary school, as specified, from CalWORKs job club and job search requirements, as defined.
Provides that either a county welfare department or a local education agency or provider can identify a self-initiated program as leading to employment. Deletes the requirement that a county annually agree to a list of such activities, and instead requires a county to approve the list, annually.
Establishes a statewide standard for allowable activities identified as leading to employment by aligning the list of allowable activities used at the county level with the list used by the Employment Development Department.
Allows study time, as defined by the educational institution a person is attending, to be counted toward the minimum number of hours of welfare-to-work participation that are required, as specified.
Deletes language that only authorizes supportive services reimbursement for participation in a self-initiated training or education program when no other source of funding for those costs is available.
Requires child care supportive services to be continued, for a period not to exceed six weeks, when hours of educational or vocational training are reduced due to a break in instruction at an institution and an individual is eligible to continue in the educational or vocational program following the break in instruction.
Excludes any hours of participation in a self-initiated education or training program from the work activity limitations of the CalWORKs 24-month time clock.
Removes self-initiated programs from consideration among assigned program activities when determining whether a person has failed or refused to comply with program requirements.
Prohibits subjecting an individual who is currently participating in a self-initiated program that is reflected in his or her welfare-to-work plan from being subject to sanctions on the basis of failure or refusal to sign a new welfare-to-work plan if the individual is making satisfactory progress in that program, as defined by the institution administering the program.
EXISTING LAW:
Establishes several education programs available to military veterans, including post-9/11 educational assistance, as specified. (38 U.S.C. 3313)
Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is approximately 40% of the Federal Poverty Level. (WIC 11450, 11150 et seq.)
Prohibits a CalWORKs applicant or recipient’s educational expenses from being applied to any educational loans or grants he or she receives that are exempt from consideration as income for purposes of determining CalWORKs eligibility. (WIC 11250.8)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including a CalWORKs welfare-to-work 24-month time clock, upon exhaustion of which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
Authorizes a recipient subject to the welfare-to-work 24-month time clock to request an extension of those 24 months to continue in an activity in which he or she is engaged, including a self-initiated program that would increase the likelihood of employment, as specified. (WIC 11322.87)
Exempts specified categories of recipients from participation in welfare-to-work activities, including a parent or other adult CalWORKs recipient with primary responsibility for personally providing care to one child from birth to 23 months, as specified. (WIC 11320.3(b))
Requires all individuals over 16 years of age, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
Requires necessary supportive services, including child care, transportation, ancillary costs and personal counseling, as specified, to be available to every CalWORKs participant in order to facilitate his or her participation in the CalWORKs program activity to which he or she is assigned or acceptance of employment. (WIC 11323.2)
Makes paid child care available as a supportive service to every CalWORKs participant with a dependent child in the assistance unit who needs paid child care and is under 10 years of age or requires child care due to a physical, mental, or developmental disability, or is under court supervision. (WIC 11323.2 (a)(1)(A))
Requires payments for supportive services to be advanced to CalWORKs participants, as specified, so that a participant does not need to use his or her funds to pay for the supportive services. (WIC 11323.4)
Requires any individual required to participate in welfare-to-work activities to enter into a written welfare-to-work plan with the county welfare department after an assessment is conducted, as specified. (WIC 11325.21)
Requires all welfare-to-work participants, except those participating in the Cal-Learn Program or engaged in obtaining a high school diploma or its equivalent, to be assigned to participate in job search activities for a period of up to four consecutive weeks following the initial CalWORKs appraisal. (WIC 11325.22)
Establishes the following provisions pertaining to participation in self-initiated education and training programs:
Permits a student enrolled in any undergraduate degree or certificate program that leads to employment to continue in that program upon commencing CalWORKs aid, provided he or she is making satisfactory progress in the program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination;
Provides that a program shall only be determined to lead to employment if it is on a list of programs that the county welfare department and local education agencies or providers agree lead to employment, and requires the list to be agreed to annually. Further requires the county to determine whether a program leads to employment if it is not included in the agreed upon list;
Requires concurrent participation in additional work activities if participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, or internship activities, does not fulfil the weekly 30 or 20 hour work requirement, as specified;
Requires participation in a self-initiated education or vocational training program to be reflected in a recipient's welfare-to-work plan;
Authorizes a person whose previously approved self-initiated education or training program is interrupted for reasons that meet good cause criteria, as specified, to resume participation in the same program if the participant maintained good standing in the program and the program continues to meet the county approval criteria; and
Requires supportive services reimbursement to be provided for any participant in a self-initiated educational or training program provided that no other source of funding for those services is available. (WIC 11325.23)
FISCAL EFFECT: Unknown
COMMENTS:
CalWORKs: The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and 40% are under age five.
Average grant amounts of $506.55 per month for a family of three means $16.88 per day, per family, or $5.62 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $6,078 per year. Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is over three times that at $20,090 per year.
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education, and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant is subtracted from the amount provided to the family to meet basic needs.
Self-initiated programs: While most parents applying for CalWORKs assistance have gaps in their education or minimal prior job experience, the recent recession resulted in numerous college students and people who had been laid off from their jobs showing up for the first time in county offices to figure out how to make ends meet for their families. Under current law, a person applying for CalWORKs aid that is already enrolled in an undergraduate or certificate program that will lead to self-sustaining employment can remain in that program provided he or she is making satisfactory progress in the program. Such programs are referred to as “self-initiated programs” because they are the result of the applicant or recipient engaging in an education or training program without first needing to go through a CalWORKs assessment in order to gauge his or her employment skills and abilities. While individuals participating in self-initiated programs should be able to develop their welfare-to-work plans in a way that accommodates their current approved activities, the flow of statutory requirements designed to help CalWORKs recipients obtain and maintain employment includes job search activities for a period of up to four weeks for most participants. Job search activities can provide beneficial, gradual exposure to new working environments for many welfare-to-work participants, but this requirement often interferes with education and training schedules for self-initiated program participants.
GI Bill: Originally signed in 1944 and envisioned, in part, as a means to aid in the transition back to civilian life, GI Bill benefits have been increasingly relied upon to ensure a pathway to education for active military personnel and veterans. In 2008, the GI Bill was updated to give veterans with active duty service on or after September 11, 2001 enhanced educational benefits that provide additional funding for educational expenses, money for books, and a living allowance. Another feature of the Post-9/11 GI bill is the ability for veterans to transfer any unused educational benefits to their spouses or children, provided they meet certain US Department of Veterans Affairs requirements. According to September 2014 estimates from the US Department of Veterans Affairs, California is home to over 1.8 million veterans, which accounts for 12% of the national veteran population of 22 million. A report prepared for the US Department of Defense revealed that in 2012, there were 155,985 active duty military personnel in California.
Need for this bill: This bill seeks to encourage educational options for low-income parents that will lead to long-term, improved outcomes for themselves and their families. By removing unnecessary disruptions and barriers to continuing in an education or training program in which a CalWORKs applicant or recipient is making satisfactory progress, this bill will grant more parents access to the education options and support already available to them while avoiding damaging setbacks. Additionally, this bill ensures that statute is clear relative to not factoring GI Bill benefits, including the housing stipend, into income or property calculations for CalWORKs applicants. By doing so, this bill allows military service members, their spouses and their children to utilize earned benefits without having to forgo receipt of those benefits if they happen to need additional assistance to stabilize their families.
According to the author, “This bill seeks to help some of our most hard-working students that are fighting to improve their lives as well as their families. There are over 30,000 parents who are improving their future earning potential and the life opportunities of their children by seeking a certificate or degree while participating in welfare-to-work. Research shows that securing post-secondary degree will improve the likelihood of exiting poverty and reduce reliance on safety net programs. Supporting the success of low-income parents in their academic and employment and training goals not only improves the economic opportunities, but research has shown that it makes their children more likely to finish high school and to seek college opportunities for themselves. This two-generation approach to poverty reduction is being recognized nationally as a strategy that works.”
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations, Inc. (CCWRO) - sponsor
Western Center on Law & Poverty (WCLP) -sponsor
California Alternative Payment Program Association (CAPPA)
California School Employees Association (CSEA)
National Association of Social Workers (NASW)—California Chapter
Opposition
None on file.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089
Discussed in Hearing
3MIN
Senate Standing Committee on Appropriations
53SEC
Assembly Floor
11MIN
Assembly Standing Committee on Human Services
Bill Author
