Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law sets forth certain requirements and exemptions for students in postsecondary education for purposes of CalFresh eligibility.

Existing law requires the State Department of Social Services, no later than January 1, 2024, to publish certain data specific to students receipt of CalFresh benefits on the departments existing CalFresh Data Dashboard, in order to assist in monitoring information about access to CalFresh by students enrolled in an institution of higher education, as defined. Existing law requires the department to update the dashboard over time as additional data become available about this population.

This bill would instead require the department to update the dashboard on an annual basis and as additional data become available about that population.

Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law sets forth certain requirements and exemptions for students in postsecondary education for purposes of CalFresh eligibility.

Existing law requires the State Department of Social Services, no later than January 1, 2024, to publish certain data specific to students receipt of CalFresh benefits on the departments existing CalFresh Data Dashboard, in order to assist in monitoring information about access to CalFresh by students enrolled in an institution of higher education, as defined. Existing law requires the department to update the dashboard over time as additional data become available about this population.

This bill would instead require the department to update the dashboard on an annual basis and as additional data become available about that population.

Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law sets forth certain requirements and exemptions for students in postsecondary education for purposes of CalFresh eligibility.

Existing law requires the State Department of Social Services, no later than January 1, 2024, to publish certain data specific to students receipt of CalFresh benefits on the departments existing CalFresh Data Dashboard, in order to assist in monitoring information about access to CalFresh by students enrolled in an institution of higher education, as defined. Existing law requires the department to update the dashboard over time as additional data become available about this population.

This bill would instead require the department to update the dashboard on an annual basis and as additional data become available about that population.

Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law sets forth certain requirements and exemptions for students in postsecondary education for purposes of CalFresh eligibility.

Existing law requires the State Department of Social Services, no later than January 1, 2024, to publish certain data specific to students receipt of CalFresh benefits on the departments existing CalFresh Data Dashboard, in order to assist in monitoring information about access to CalFresh by students enrolled in an institution of higher education, as defined. Existing law requires the department to update the dashboard over time as additional data become available about this population.

This bill would instead require the department to update the dashboard on an annual basis and as additional data become available about that population.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 928

Author:(Rendon)

As Amended Ver:June 28, 2023

Majority vote

SUMMARY

Deletes the existing requirement that the California Department of Social Services (CDSS) update the CalFresh Data Dashboard with certain information related to CalFresh utilization by college students over time, and instead requires the dashboard be updated on an annual basis.

Senate Amendments

Senate Amendments replace the primary author of this bill with Assemblymember Rendon and adds Assemblymember Reyes as a co-author.

COMMENTS

CalFresh: In California, the federal Supplemental Nutrition Assistance Program (SNAP) is known as CalFresh, and its primary goal is to provide food access to low-income individuals who meet certain eligibility criteria. CalFresh benefits are federally funded, and administration at the federal level lies with the United States Department of Agriculture (USDA); as such, it is the responsibility of the USDA to set specific eligibility requirements for SNAP programs across the country in addition to the gross and net income tests, work requirements, and other documentation requirements that is prescribed by the USDA. Currently, the maximum allowable gross income is 200% of the Federal Poverty Level, although households with elderly members or members with disabilities are not subject to gross income criteria. Effective October 1, 2022, through September 30, 2023, the maximum annual gross income for a household size of three is $46,080.

Since 2014, CDSS has maintained publicly-accessible CalFresh data and trends on its CalFresh Data Dashboard, including annual CalFresh caseload numbers, timeliness and accuracy rates, churn measurements, and demographic data, among others. According to the Dashboard, as of January 2023, there were 5,260,585 individuals receiving CalFresh.

Hunger among college students: A White Paper published in March 2022 titled "CalFresh for College Students: Equitable and Just Access" discussed the high rates of hunger among college students, and states:

Hunger, in addition to being a dehumanizing experience and one that causes short and long-term health and mental health consequences, is especially problematic among college students because it has negative impacts on their academic success, rendering them more likely to drop out before graduating and undermining the investments that they and our financial aid programs have made.

This high rate of hunger is a result of the high cost of college stagnating pell-grants and federal funds for work study and federal laws which limit access to the country's most important anti-hunger program, SNAP. The SNAP Student Rule dates back to the 1970s from a radically different college environment. This 'work for food' policy is underscored by outdated stereotypes of the 'starving college student'.

An April 2019 report by the Legislative Analyst's Office found that 44% of undergraduates and 26% of graduate students in California experience food insecurity, and data from the University of California (UC) demonstrated that students who experience food and/or housing challenges have lower grade point averages (GPA) and graduation rates compared to students who have their basic needs met. GPA and graduation gaps were found to be larger for students with intersectional identities across first-generation, LGBT+, underrepresented ethnic minorities, and community college transfers. A February 2022 study from the California Policy Lab found that only 10% of community college students, 12% of UC undergraduate students, and 4% of UC graduate students were enrolled in CalFresh during the 2019-20 academic year.

CalFresh Student Rule: In order to meet the federal definition of "student", as it applies to CalFresh eligibility, an individual must: be between the ages of 18 and 49; be physically and mentally "fit" for employment; and, be enrolled at least "half time" in regular curriculum at an "institution of higher education" in which the regular curriculum meets the standard requirements for graduation or certification in a particular field of study. "Higher education" is further defined as a business, trade, technical or vocational school, or a junior, community, two-year or four-year college, university, or graduate school, regardless of whether a high school diploma or GED is required. An individual who meets this definition is rendered ineligible for CalFresh benefits unless they meet at least one of the following exemptions in which they:

1. Are participating in paid work for an average of 20 hours per week or a total of 80 hours per month;
2. Are participating in work study;
3. Have a child under the age of twelve without adequate child care;
4. Are a single parent responsible for a child under 12;
5. Are attending school as part of a CalFresh Employment and Training Program;
6. Are attending school as part of a program to increase employment;
7. Are receiving California Work Opportunity and Responsibility to Kids (CalWORKs) cash assistance; or,
8. Meet additional qualifying exemptions, as specified in current law.

Temporary expansions to CalFresh eligibility: On December 27, 2020, in recognition of the widespread rates of hunger among college students and in addition to the impacts of the COVID-19 pandemic, President Trump signed the "Consolidated Appropriations Act, 2021", which authorized temporary changes to the CalFresh student eligibility rule. In a February 2, 2021, memo issued by the USDA, the Consolidated Appropriations Act, 2021 added the following two new temporary exemptions to the existing list of exemptions:

1. The individual is eligible to participate in a State or Federally financed work study program during the regular school year, as determined by the institution of higher education; or,
2. The individual has an expected family contribution of $0 in the current academic year.

The memo also stated that the temporary student exemptions must remain in effect until 30 days after the COVID-19 Federal public health emergency is lifted. On January 30, 2023, the Biden Administration announced that it would end the public health emergency declarations on May 11, 2023; as such, the temporary expansions to CalFresh eligibility expired on June 10, 2023.

According to the Author

According to the author, "With the cost of food skyrocketing, and the elimination of pandemic-era flexibilities, vulnerable members of our community who depend on CalFresh benefits are suffering increasing hardship. This includes college students who, for the last few years, have enjoyed the support of CalFresh benefits due to temporary flexibility in eligibility rules. [This bill] would require the California Department of Social Services, beginning January 1, 2024, to update the CalFresh data dashboard on an annual basis in order to provide a better understanding of the landscape of college student utilization of the CalFresh program. This will provide better data and methodology to combat hunger amongst our college students."

Arguments in Support

According to the California Faculty Association, "…the regular collection of data, as stipulated in [this bill], can highlight disparities in food insecurity among different student demographics. This is essential in crafting targeted interventions to support our most vulnerable students and promote equity within our education system."

According to the California Student Aid Commission, "California can only help more eligible students receive CalFresh benefits by utilizing current, accurate data to assess and track the impact of our efforts. With [this bill], institutions of higher education would be able to see how many students are applying for aid and at which segments, the approval and denial rates for students, why student applications are being denied, and other crucial demographic data. Many of these metrics were required to be published under recent legislation (SB 641, 2022), but not on a recurring basis. To better identify where policy and programmatic interventions can support students in reaching this critical support, California needs to establish a consistent set of metrics for student access to CalFresh to allow for tracking progress on a multi-year basis."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee on August 14, 2023, pursuant to Senate Rule 28.8, this bill has negligible state costs.

VOTES:

ASM HUMAN SERVICES: 8-0-0

YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Calderon, Garcia

ASM APPROPRIATIONS: 14-0-2

YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Robert Rivas, Sanchez, Weber, Wilson

ABS, ABST OR NV: Bryan, Pellerin

ASSEMBLY FLOOR: 79-0-1

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones- Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Jim Patterson

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Glazer, Gonzalez, Grove, Hurtado, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Eggman, Laird

UPDATED

VERSION: June 28, 2023

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0001270

 CONSENT  

Bill No: AB 928

Author: Rendon (D), et al.

Amended: 6/28/23 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote

SUBJECT: CalFresh Data Dashboard: students

SOURCE: Author

DIGEST:

This bill requires the California Department of Social Services (CDSS) to update the existing CalFresh Data Dashboard with certain information related to CalFresh utilization by college students on an annual basis, rather than over time.

ANALYSIS:

Existing law:

1. Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among low-income households. (7 United States Code Section 2011 et seq.)
2. Establishes in California statute the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria. (WIC 18900 et seq.)
3. Deems, in federal regulations, an individual who is enrolled at least half-time in an institution of higher education as ineligible for participation in SNAP, unless the individual qualifies for an exemption, as specified. (7 Code of Federal Regulations (CFR) 273.5(a))
4. Requires, in federal regulations, a student to meet specific criteria in order to qualify for an exemption to the prohibition on eligibility for SNAP benefits, as provided. (7 CFR 273.5(b))
5. Enumerates the programs in which participation could qualify an individual for an exemption to the CalFresh student eligibility rule, as provided. (7 CRF 273.5(b)(11)(ii) and (iv))
6. Requires an education program that could be a component of a CalFresh Employment and Training (E&T) program, as identified by CDSS, be considered an E&T program pursuant to federal law, as specified. (WIC 18901.11(a))
7. Requires CDSS to update the CalFresh Data Dashboard over time as additional data become available about students enrolled in an institution of higher education and student receipt of CalFresh benefits. (WIC 18928.5(c))

This bill removes the existing requirement that CDSS update the CalFresh Data Dashboard with certain information related to CalFresh utilization by college students over time, and instead requires the dashboard be updated on an annual basis.

Comments

Author’s statement. According to the author, “With the cost of food skyrocketing, and the elimination of pandemic-era flexibilities, vulnerable members of our community who depend on CalFresh benefits are suffering increasing hardship. This includes college students who, for the last few years, have enjoyed the support of CalFresh benefits due to temporary flexibility in eligibility rules. AB 928 would require the California Department of Social Services, beginning January 1, 2024, to update the CalFresh data dashboard on an annual basis in order to provide a better understanding of the landscape of college student utilization of the CalFresh program. This will provide better data and methodology to combat hunger amongst our college students.”

CalFresh. CalFresh provides monthly food benefits to qualified low-income individuals and families to assist with the purchase of the food they need to maintain adequate nutrition levels. CalFresh is the largest nutrition assistance program in California, with approximately three million households and over 5.2 million people receiving benefits in January 2023. The program is administered by CDSS at the state level and California’s 58 counties are responsible for administering CalFresh at the local level. CalFresh benefits are federally funded and national income eligibility standards and benefit levels are established by the federal government. Although benefits are federally funded, costs to administer the program are shared by state, county, and federal governments.

Student Hunger. Research from California shows a higher prevalence of food insecurity among college students who attend public higher education institutions, with the 2019 California Student Aid Commission Student Expenses and Resources Survey Results finding 35 percent of California college students who were surveyed experienced food insecurity. Additionally, the survey found that 82 percent of college students who identified as food insecure did not receive food assistance. California Community College (CCC) students seems to experience greater levels of food insecurity with a 2019 Hope Center for College, Community, and Justice Survey finding that 50 percent of the CCC students surveyed experienced food insecurity within the past 30 days. Despite this need, college students’ participation in CalFresh remains very low. A 2022 Public Policy Institute of California blog noted that prior to the COVID-19 pandemic, 17-32 percent of eligible college students applied for CalFresh.

Student Eligibility for CalFresh. Under federal law, students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of several specified exemptions. This law, which was enacted in 1977, is generally known as the “student eligibility rule.” The motivation behind the rule was to prevent college students from wealthy families, who depend on their families for support, from accessing social food benefits.

The federal definition of “student,” as it applies to CalFresh, requires that an individual must be: between the ages of 18 and 49; physically and mentally fit for employment; and, be enrolled at least “half time” as defined by the institution, at an institution of higher education. Institution of higher education is defined to include: a business, trade, technical, or vocation school at the posthigh school level, or a junior, community, two-year, or four-year college, university or graduate school, regardless of whether a high school diploma or equivalency certificate is required.

Since the student eligibility rule was enacted, numerous exemptions have been adopted in an effort to build pathways for food insecure students to access CalFresh. In order to qualify for an exemption, a student must meet at least one of the specified criteria.

CDSS is required to issue guidance and maintain a non-exhaustive list of local student programs that increase employability. Institutions of higher education are encouraged to submit the name and description of on-campus programs to CDSS to qualify as a local student program. As of May 1, 2023, there were over 8,300 approved programs operating out of California institutions of higher education that have been approved by CDSS as containing at least one E&T component, making students who participate in these programs exempt from the CalFresh student eligibility rule.

CalFresh Data Dashboard. In 2014, CDSS began maintaining a publicly-accessible CalFresh Data Dashboard that includes CalFresh data and trends, including annual CalFresh caseload numbers, timeliness and accuracy rates, and demographic data, among other information. As of September 2021, CDSS notes there were over 143,000 low-income, college students receiving CalFresh, which is the last month for which the state has comprehensive college student statewide CalFresh data. To monitor access to the CalFresh program by college students, existing state law requires CDSS to publish data specific to students’ receipt of CalFresh benefits on its CalFresh Data Dashboard by January 1, 2024. Existing state law requires the student data to include information about student applications, demographics, and exemptions as available through existing data sources, and to exclude any personally identifiable information. Existing state law also requires CDSS, by January 1, 2024, to update the CalFresh Data Dashboard over time as additional student data becomes available. This bill instead requires CDSS, by January 1, 2024, to update the CalFresh Data Dashboard on an annual basis, in addition to over time as data becomes available.

Related/Prior Legislation

SB 187 (Committee on Budget and Fiscal Review, Chapter 50, Statutes of 2022), among other things, required CDSS by January 1, 2024, to update the dashboard over time as additional data becomes available about college student enrollment in CalFresh.

AB 641 (Skinner, Chapter 874, Statutes of 2022) required CDSS to convene a workgroup to identify the necessary changes to improve access to CalFresh for college students and to submit a report to the Legislature on the additional funding needed to adequately serve all current, CalFresh-eligible college students. CDSS issued the report in April 2023.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/14/23)

California Association of Christian Colleges and Universities

California Community Colleges, Chancellor's Office

California Faculty Association

California Student Aid Commission

California Teachers Association

San Bernardino Community College District

OPPOSITION: (Verified 8/14/23)

None received

ASSEMBLY FLOOR: 79-0, 4/27/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Jim Patterson

Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524

8/16/23 10:24:58

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: CalFresh Data Dashboard: students

SUMMARY

This bill requires the California Department of Social Services (CDSS) to update the existing CalFresh Data Dashboard with certain information related to CalFresh utilization by college students on an annual basis, rather than over time.

ABSTRACT

Existing Law:

1. Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among low-income households. (7 United States Code Section 2011 et seq.)
2. Establishes in California statute the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria. (WIC 18900 et seq.)
3. Deems, in federal regulations, an individual who is enrolled at least half-time in an institution of higher education as ineligible for participation in SNAP, unless the individual qualifies for an exemption, as specified. (7 Code of Federal Regulations (CFR) 273.5(a))
4. Requires, in federal regulations, a student to meet specific criteria in order to qualify for an exemption to the prohibition on eligibility for SNAP benefits, as provided. (7 CFR 273.5(b))
5. Enumerates the programs in which participation could qualify an individual for an exemption to the CalFresh student eligibility rule, as provided. (7 CRF 273.5(b)(11)(ii) and (iv))
6. Requires an education program that could be a component of a CalFresh E&T program, as identified by CDSS, be considered an E&T program pursuant to federal law, as specified. (WIC 18901.11(a))
7. Requires, no later than January 1, 2024, in order to assist in monitoring information about access to the CalFresh program by students enrolled in an institution of higher education, CDSS to publish data specific to students’ receipt of CalFresh benefits on CDSS’ existing CalFresh Data Dashboard. Further, requires the data to include metrics about student applications, demographics, and exemptions as available through existing data sources, and requires the data to exclude any personally identifiable information. (WIC 18928.5(a) and (b))
8. Requires CDSS to update the CalFresh Data Dashboard over time as additional data become available about students enrolled in an institution of higher education and student receipt of CalFresh benefits. (WIC 18928.5(c))

This Bill:

1. Removes the existing requirement that CDSS update the CalFresh Data Dashboard with certain information related to CalFresh utilization by college students over time, and instead requires the dashboard be updated on an annual basis.

FISCAL IMPACT

According to an analysis prepared by the Assembly Committee on Appropriations, this bill would likely have minor and absorbable costs to CDSS.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “With the cost of food skyrocketing, and the elimination of pandemic-era flexibilities, vulnerable members of our community who depend on CalFresh benefits are suffering increasing hardship. This includes college students who, for the last few years, have enjoyed the support of CalFresh benefits due to temporary flexibility in eligibility rules. AB 928 would require the California Department of Social Services, beginning January 1, 2024, to update the CalFresh data dashboard on an annual basis in order to provide a better understanding of the landscape of college student utilization of the CalFresh program. This will provide better data and methodology to combat hunger amongst our college students.”

CalFresh

CalFresh provides monthly food benefits to qualified low-income individuals and families to assist with the purchase of the food they need to maintain adequate nutrition levels. CalFresh is the largest nutrition assistance program in California, with approximately 3 million households and over 5.2 million people receiving benefits in January 2023. The program is administered by CDSS at the state level and California’s 58 counties are responsible for administering CalFresh at the local level. CalFresh benefits are federally funded and national income eligibility standards and benefit levels are established by the federal government. Although benefits are federally funded, costs to administer the program are shared by state, county, and federal governments.

Student Hunger

Food insecurity is defined by the U.S. Department of Agriculture as the condition of limited or uncertain access to adequate food. In December 2018, the United States Government Accountability Office (GAO) published a report which examined food insecurity among college students and how the federal government could assist in alleviating student hunger. Per the GAO report, which is the most recent federal data available, food insecurity across all 50 states showed that, on average, more than 30 percent of college students experience food insecurity. The GAO also found that low-income students are often denied assistance that other people receive and about two million at-risk, SNAP potentially-eligible students did not receive these food benefits.

Research from California shows a higher prevalence of food insecurity among college students who attend public higher education institutions, with the 2019 California Student Aid Commission Student Expenses and Resources Survey Results finding 35 percent of California college students who were surveyed experienced food insecurity. Additionally, the survey found that 82 percent of college students who identified as food insecure did not receive food assistance. CCC students seems to experience greater levels of food insecurity with a 2019 Hope Center for College, Community, and Justice Survey finding that 50 percent of the CCC students surveyed experienced food insecurity within the past 30 days. Despite this need, college students’ participation in CalFresh remains very low. A 2022 Public Policy Institute of California blog noted that prior to the COVID-19 pandemic, 17-32 percent of eligible college students applied for CalFresh.

College students and administrators at public higher education institutions have expressed frustration with how challenging it can be for college students who face food insecurity to access CalFresh due to the complexity of the student eligibility rules and the accompanying exemptions. State and federal reports seem to support this observation. California lawmakers have been working to address the complexity for several years including by passing several bills to decrease this complexity within the constraints of federal law.

Student Eligibility for CalFresh

Under federal law, students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of several specified exemptions. This law, which was enacted in 1977, is generally known as the “student eligibility rule.” The motivation behind the rule was to prevent college students from wealthy families, who depend on their families for support, from accessing social food benefits.

The federal definition of “student,” as it applies to CalFresh, requires that an individual must be: between the ages of 18 and 49; physically and mentally fit for employment; and, be enrolled at least “half time” as defined by the institution, at an institution of higher education. Institution of higher education is defined to include: a business, trade, technical, or vocation school at the post-high school level, or a junior, community, two-year, or four-year college, university or graduate school, regardless of whether a high school diploma or equivalency certificate is required.

Since the student eligibility rule was enacted, numerous exemptions have been adopted in an effort to build pathways for food insecure students to access CalFresh. In order to qualify for an exemption, a student must meet at least one of the following criteria:

• Be under age 17 or be age 50 or older;
  
• Have a physical or mental disability;
  
• Be receiving Temporary Assistance for Needy Families, which is operated in California as CalWORKs;
  
• Be enrolled as a result of participation in the federal Job Opportunities and Basic Skills program or its successor program;
  
• Be employed for a minimum of 20 hours per week and be paid for that employment or, if self-employed, be employed for a minimum of 20 hours per week with an income that is at least equal to the federal minimum wage multiplied by 20 hours;
  
• Be participating in an on-the-job training program;
  
• Be responsible for the care of a dependent household member under the age of six;
  
• Be responsible for the care of a dependent household member who has reached the age of six, but is under the age of 12 when CDSS has determined that adequate child care is not available to enable the student to attend class and comply with work requirements;
  
• Be a single parent enrolled in an institution of higher education on a full-time basis, as determined by the institution, and be responsible for the care of a dependent child under age 12; or,
  
• Be assigned to, or placed in, an institution of higher education through or in compliance with certain federal programs, including but not limited to, an Employment and Training (E&T) program for low-income households that is operated by a state or local government where one or more of the components of such program is at least equivalent to an acceptable E&T program component.

A student may qualify for an exemption to the CalFresh student eligibility rule if the student’s attendance can be described as part of a program to increase the student’s employability. This includes programs for students with low-income that are operated by a state or local government where one or more of the components of the program are equivalent to an E&T component. According to CDSS’s All County Letter 20-09, for a state or local government run program to qualify as an E&T program, the program must have at least one of the following E&T components: job retention, job search, job search training, work experience, workfare, vocational training, self-employment training, on the job training, or education.

CDSS is required to issue guidance and maintain a non-exhaustive list of local student programs that increase employability. Institutions of higher education are encouraged to submit the name and description of on-campus programs to CDSS to qualify as a local student program. As of May 1, 2023, there were over 8,300 approved programs operating out of California institutions of higher education that have been approved by CDSS as containing at least one E&T component, making students who participate in these programs exempt from the CalFresh student eligibility rule.

Federal COVID-19 Response to Assist College Students facing Hunger

In response to the COVID-19 pandemic, the federal Consolidated Appropriations Act of 2021 (Public Law 116-260) was passed, which authorized temporary changes on January 6, 2021 to the CalFresh student eligibility rule by expanding student eligibility to include students that are enrolled at least half-time in an institution of higher education and who:

• Are eligible to participate in state or federally financed work study during the school year, as determined by the institution of higher education; or,
  
• Have an expected family contribution (meaning the amount of money the student can expect to receive from family) of zero dollars in the current academic year, as determined by law.

With the ending of the federal COVID-19 public health emergency, California will no longer be able to exempt students using the temporary changes to the CalFresh student eligibility rule. As of June 10, 2023, the two temporary exemptions noted above no longer apply to college students who are new CalFresh applicants. CDSS notes that they do not expect college students who already receive CalFresh benefits to have any changes to their current exemption status under the temporary changes until their next CalFresh recertification, where their eligibility will be reassessed.

CalFresh Data Dashboard

In 2014, CDSS began maintaining a publicly-accessible CalFresh Data Dashboard that includes CalFresh data and trends, including annual CalFresh caseload numbers, timeliness and accuracy rates, and demographic data, among other information. As of September 2021, CDSS notes there were over 143,000 low-income, college students receiving CalFresh, which is the last month for which the state has comprehensive college student statewide CalFresh data. To monitor access to the CalFresh program by college students, existing state law requires CDSS to publish data specific to students’ receipt of CalFresh benefits on its CalFresh Data Dashboard by January 1, 2024. Existing state law requires the student data to include information about student applications, demographics, and exemptions as available through existing data sources, and to exclude any personally identifiable information. Existing state law also requires CDSS, by January 1, 2024, to update the CalFresh Data Dashboard over time as additional student data becomes available. This bill would instead require CDSS, by January 1, 2024, to update the CalFresh Data Dashboard on an annual basis, in addition to over time as data becomes available.

Related/Prior Legislation:

SB 187 (Committee on Budget and Fiscal Review, Chapter 50, Statutes of 2022) among other things, requires CDSS by January 1, 2024 to update the dashboard over time as additional data becomes available about college student enrollment in CalFresh.

AB 641 (Skinner, Chapter 874, Statutes of 2022) required CDSS to convene a workgroup to identify the necessary changes to improve access to CalFresh for college students and to submit a report to the Legislature on the additional funding needed to adequately serve all current, CalFresh-eligible college students. CDSS issued the report in April 2023.

SB 20 (Dodd, Chapter 167, Statutes of 2022) required the Student Aid Commission to proactively notify students of their exemption from CalFresh student eligibility rules provided for in federal regulations and of their potential eligibility for CalFresh benefits.

AB 132 (Committee on Budget, Chapter 144, Statutes of 2021) provided, among other things, $100 million one-time monies to address California community college student basic needs including food security and to assist homeless and housing-insecure students in securing stable housing.

SB 173 (Dodd, Chapter 139, Statutes of 2019) required CDSS to create a standardized form to be used by community colleges and universities to verify work study eligibility of students who are approved and anticipate participating in state or federal work study, for determining eligibility for CalFresh benefits.

SB 77 (Committee on Budget and Fiscal Review, Chapter 53, Statutes of 2019) required CDSS to convene the CalFresh Student Data Workgroup to compile statewide data on college student participation in CalFresh and to provide recommendations for improving CalFresh access among college students.

AB 97 (Ting, Chapter 14, Statutes of 2017) allocated $2.5 million for campuses who are designated as a “hunger free campus,” as defined.

AB 214 (Weber, Chapter 134, Statutes of 2017) required the California Student Aid Commission to notify Cal Grant recipients who qualify for participation in CalFresh, and required CDSS to maintain a list of programs that provide a student with potential eligibility for a CalFresh exemption if certain requirements are met.

AB 453 (Limon, 2017) would have required the trustees and the governing board of participating community college districts and would encourage the UC regents to designate as a “hunger free campus” each of its respective campuses, and provide an on campus food pantry or regular food distribution on campus, as specified. This bill was held in the Senate Education Committee, however provisions of AB 453 were included in the 2017 Budget Act.

AB 1930 (Skinner, Chapter 729, Statutes of 2014) required CDSS to consider certain educational programs as employment training programs for the purposes of determining CalFresh eligibility unless prohibited by federal law, and required CDSS to establish a protocol to identify and verify all potential exemptions and to identify and verify participation in education programs that would qualify a student for exemption.

COMMENTS

The state’s CalFresh Data Dashboard includes data on CalFresh beneficiaries and the states participation rates. Historically, California’s CalFresh participation rate has been at or near the lowest in the nation, with only about 70 percent of eligible recipients enrolled in CalFresh. SB 187 required CDSS, by January 1, 2024, to update this dashboard over time in order to assist in monitoring information about access to CalFresh by students enrolled in an institution of higher education. This bill would build upon this data collection effort to instead also require that CDSS update the data annually so that there is more consistent time when the data is made available to the public and to the Legislature. As the recent CalFresh eligibility changes will likely have an effect on the food security of college students, it will be increasingly important for the state to track how these changes effect applications and uptake of CalFresh post-pandemic.

PRIOR VOTES

POSITIONS

Support:

California Association of Christian Colleges and Universities
California Community Colleges, Chancellor's Office
California Faculty Association
California Student Aid Commission
California Teachers Association
San Bernardino Community College District

Oppose:

None received

-- END --

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 928

Author:(Reyes) – As Introduced Ver:February 14, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Social Services (CDSS) to update its existing CalFresh Data Dashboard with data specific to college students’ receipt of CalFresh on an annual basis, rather than over time.

FISCAL EFFECT:

Minor and absorbable costs to CDSS.

COMMENTS:

1. Purpose. This bill seeks to better inform discussions regarding college student hunger and to provide for future data-driven decision making by increasing the frequency with which CDSS updates its CalFresh Data Dashboard with student-specific data.
2. CalFresh. The CalFresh program is California’s version of the federal Supplemental Nutrition Assistance Program (SNAP), which provides monthly food assistance to qualifying low‑income households. The cost of food benefits in the CalFresh program is paid almost entirely by the federal government. Costs to administer the program are shared among the federal government, the state and counties. On average, an individual receives approximately $262 per month. Families receive more depending on income and household size. As of January 2023, there were over 5.3 million individuals receiving CalFresh.
3. CalFresh Data Dashboard. Since 2014, CDSS has maintained publicly-accessible CalFresh data and trends on its CalFresh Data Dashboard, including annual CalFresh caseload numbers, timeliness and accuracy rates, and demographic data, among other information. To assist in monitoring access to the CalFresh program by college students, existing law requires CDSS to publish data specific to students’ receipt of CalFresh benefits on its CalFresh Data Dashboard by January 1, 2024. Existing law requires the student data to include information about student applications, demographics, and exemptions as available through existing data sources, and to exclude any personally identifiable information. Existing law also requires CDSS to update the CalFresh Data Dashboard over time as additional student data becomes available.

This bill changes the timeline for future updates.

1. College Student Hunger. A 2019 Legislative Analyst’s Office report found 44% of undergraduates and 26% of graduate students in California experience food insecurity. But, according to a February 2022 study by the California Policy Lab, only 10% of community college students, 12% of UC undergraduate students, and 4% of UC graduate students were enrolled in CalFresh during the 2019-2020 academic year. Furthermore, data from the University of California demonstrates that students who experience food and housing challenges have lower grade point averages and graduation rates compared to students who have their basic needs met.

In December 2020, in recognition of the widespread rates of hunger among college students, exacerbated by the impacts of the COVID-19 pandemic, the federal government authorized temporary changes to the CalFresh student eligibility rule that made it easier for college students to qualify for CalFresh benefits. These temporary changes are set to expire on June 10, 2023, 30 days after the COVID-19 federal public health emergency is lifted.

1. Prior Legislation. AB 641 (Skinner), Chapter 874, Statutes of 2022, required CDSS to convene a workgroup to identify ways to improve access to CalFresh for college students, and to submit a report to the state estimating additional funding needed to adequately serve all college students currently eligible for CalFresh benefits. CDSS issued the report in April 2023.

SB 77 (Committee on Budget and Fiscal Review), Statutes of 2019, Chapter 53, required CDSS to convene the CalFresh Student Data Workgroup to compile statewide data on college student participation in CalFresh and to provide recommendations for improving CalFresh access among college students.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 928 (

Author:Reyes) – As Introduced Ver:February 14, 2023

SUBJECT: CalFresh Data Dashboard: students.

SUMMARY: Deletes the existing requirement that the California Department of Social Services (CDSS) update the CalFresh Data Dashboard with certain information related to CalFresh utilization by college students over time, and instead requires the dashboard be updated on an annual basis.

EXISTING LAW:

1. Establishes under federal law the “Supplemental Nutrition Assistance Program” (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (7 United States Code Section 2011 et seq., Welfare and Institutions Code [WIC] Section 18900 et seq.)
2. Deems, in federal regulations, an individual who is enrolled at least half-time in an institution of higher education as ineligible for participation in SNAP unless the individual qualifies for an exemption, as specified. (7 Code of Federal Regulations [CFR] 273.5(a))
3. Requires, in federal regulations, a student to meet one of the following criteria in order to qualify for an exemption to the prohibition on eligibility for SNAP benefits, including: be age 17 or younger or age 50 or older; be physically or mentally unfit; be participating in a state or federally financed work study program during the regular school year; be employed for a minimum of 20 hours per week and be paid for such employment or, if self-employed, be employed for a minimum of 20 hours per week and receive weekly earnings at least equal to the federal minimum wage multiplied by 20 hours; or be participating in a state or federally financed work-study program during the regular school year. (7 CFR 273.5(b))
4. Requires, no later than January 1, 2024, in order to assist in monitoring information about access to the CalFresh program by students enrolled in an institution of higher education, CDSS to publish data specific to students’ receipt of CalFresh benefits on CDSS’ existing CalFresh Data Dashboard. Further, requires the data to include metrics about student applications, demographics, and exemptions as available through existing data sources, and requires the data to exclude any personally identifiable information. (WIC 18928.5(a) and (b))
5. Requires CDSS to update the CalFresh Data Dashboard over time as additional data become available about students enrolled in an institution of higher education and student receipt of CalFresh benefits. (WIC 18928.5(c))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: CalFresh: In California, SNAP is known as CalFresh, and its primary goal is to provide food access to low-income individuals who meet certain eligibility criteria. CalFresh benefits are federally funded, and administration at the federal level lies with the United States Department of Agriculture (USDA); as such, it is the responsibility of the USDA to set specific eligibility requirements for SNAP programs across the country in addition to the gross and net income tests, work requirements, and other documentation requirements that is prescribed by the USDA. Currently, the maximum allowable gross income is 200% of the Federal Poverty Level, although households with elderly members or members with disabilities are not subject to gross income criteria. Effective October 1, 2022, through September 30, 2023, the maximum annual gross income for a household size of three is $46,080.

Since 2014, CDSS has maintained publicly-accessible CalFresh data and trends on its CalFresh Data Dashboard, including annual CalFresh caseload numbers, timeliness and accuracy rates, churn measurements, and demographic data, among others. According to the Dashboard, as of January 2023, there were 5,260,585 individuals receiving CalFresh.

Hunger among college students: A White Paper published in March 2022 titled “CalFresh for College Students: Equitable and Just Access” discussed the high rates of hunger among college students, and states:

“Hunger, in addition to being a dehumanizing experience and one that causes short and long-term health and mental health consequences, is especially problematic among college students because it has negative impacts on their academic success, rendering them more likely to drop out before graduating and undermining the investments that they and our financial aid programs have made.

“This high rate of hunger is a result of the high cost of college stagnating pell-grants and federal funds for work study and federal laws which limit access to the country’s most important anti-hunger program, SNAP. The SNAP Student Rule dates back to the 1970s from a radically different college environment. This ‘work for food’ policy is underscored by outdated stereotypes of the ‘starving college student’.”

An April 2019 report by the Legislative Analyst’s Office found that 44% of undergraduates and 26% of graduate students in California experience food insecurity, and data from the University of California (UC) demonstrated that students who experience food and/or housing challenges have lower grade point averages (GPA) and graduation rates compared to students who have their basic needs met. GPA and graduation gaps were found to be larger for students with intersectional identities across first-generation, LGBT+, underrepresented ethnic minorities, and community college transfers. A February 2022 study from the California Policy Lab found that only 10% of community college students, 12% of UC undergraduate students, and 4% of UC graduate students were enrolled in CalFresh during the 2019-2020 academic year.

CalFresh Student Rule: In order to meet the federal definition of “student”, as it applies to CalFresh eligibility, an individual must: be between the ages of 18 and 49; be physically and mentally “fit” for employment; and, be enrolled at least “half time” in regular curriculum at an “institution of higher education” in which the regular curriculum meets the standard requirements for graduation or certification in a particular field of study. “Higher education” is further defined as a business, trade, technical or vocational school, or a junior, community, two-year or four-year college, university, or graduate school, regardless of whether a high school diploma or GED is required. An individual who meets this definition is rendered ineligible for CalFresh benefits unless they meet at least one of the following exemptions in which they:

1. Are participating in paid work for an average of 20 hours per week or a total of 80 hours per month;
2. Are participating in work study;
3. Have a child under the age of twelve without adequate child care;
4. Are a single parent responsible for a child under twelve;
5. Are attending school as part of a CalFresh Employment and Training Program;
6. Are attending school as part of a program to increase employment;
7. Are receiving CalWORKs cash assistance; or,
8. Meet additional qualifying exemptions, as specified in current law.

Temporary expansions to CalFresh eligibility: On December 27, 2020, in recognition of the widespread rates of hunger among college students and in addition to the impacts of the COVID-19 pandemic, President Trump signed the “Consolidated Appropriations Act, 2021”, which authorized temporary changes to the CalFresh student eligibility rule. In a February 2, 2021, memo issued by the USDA, the Consolidated Appropriations Act, 2021 added the following two new temporary exemptions to the existing list of exemptions:

1. The individual is eligible to participate in a State or Federally financed work study program during the regular school year, as determined by the institution of higher education; or,
2. The individual has an expected family contribution of $0 in the current academic year.

The memo also stated that the temporary student exemptions must remain in effect until 30 days after the COVID-19 Federal public health emergency is lifted. On January 30, 2023, the Biden Administration announced that it would end the public health emergency declarations on May 11, 2023; as such, the temporary expansions to CalFresh eligibility will expire on June 10, 2023.

Author’s Statement: According to the author, “The impacts of the COVID-19 pandemic continue to be felt by California’s most vulnerable residents. The skyrocketing cost of food, coupled with the elimination of pandemic-era flexibilities, will devastate those members of our community who are already struggling. This includes college students, some of whom for the last few years, have enjoyed the support of CalFresh benefits due to temporary flexibility in eligibility rules. This bill would require CDSS to update the CalFresh data dashboard on an annual basis in order to fully understand the landscape of college student utilization of the CalFresh program. This bill is a step toward decreasing hunger among our college students.”

Need for this bill: The provisions of this bill seek to increase the frequency with which CDSS must update its CalFresh Data Dashboard with certain information, such as application and demographic data, regarding student receipt of CalFresh benefits. Specifically, this bill requires the dashboard be updated with this information on an annual basis, rather than over time, which is the current frequency enumerated in statute. By requiring more frequent updates, this bill seeks to ensure that year-over-year data regarding CalFresh applications and receipt by college students, as well as demographic data of those individuals, is available. The provisions of this bill and the subsequent availability of this data could help to further inform discussions regarding college student hunger and provide for data-driven decision making in the future.

Equity Implications: The provisions of this bill may also inform discussions regarding the disparate nature of hunger and food insecurity on California college campuses, as current law requires certain demographic data be included on the CalFresh Data Dashboard. A 2021 Multidisciplinary Digital Publishing Institute journal article entitled “Covid-19 and College Students: Food Security Status before and after the Onset of a Pandemic” states:

“Prior to COVID-19, college students were disproportionately affected by financial stress and food insecurity. This has been attributed to more students with low income going to college, higher college costs, insufficient student aid, a weak labor market for part-time workers, and SNAP policies that exclude many students from participation, among other reasons. A 2017 systematic review found that food insecurity affected 32.9% of college students in the US…Food insecurity rates are higher among certain college student demographic segments, including racial/ethnic minorities, younger students, international students, students with children, financially independent students, and Pell grant recipients.”

As outlined above, food insecurity directly impacts school performance. Given that GPA and graduation gaps were found to be larger for students with intersectional identities across first-generation, LGBT+, underrepresented ethnic minorities, and community college transfers, there is work to be done to understand correlation.

By requiring annual data be reported on the Dashboard, the provisions of this bill could help inform data-driven policy, thereby potentially reducing ethnic, age, and income disparities among college students who experience hunger and food insecurity.

RELATED AND PRIOR LEGISLATION:

AB 641 (Skinner), Chapter 874, Statutes of 2022, required CDSS to convene a workgroup to identify any necessary changes to improve access to CalFresh for college students, and required CDSS to submit a report to the state estimating additional funds needed to adequately serve all college students currently eligible for CalFresh benefits.

AB 132 (Committee on Budget), Chapter 144, Statutes of 2021, provided, among other things, $100 million one-time monies to address California community college student basic needs including food insecurity and to assist homeless and housing-insecure students in securing stable housing.

SB 77 (Committee on Budget and Fiscal Review), Statutes of 2019, Chapter 53, required CDSS’s CalFresh and Nutrition Branch to convene the CalFresh Student Data Workgroup to compile statewide data on college student participation in CalFresh and to provide recommendations for improving CalFresh access among college students.

AB 1229 (Wicks) of 2019, would have required CDSS to establish an official approval process to ensure that foster youth who participate in an internship may apply those work hours toward meeting eligibility standards as a student in the CalFresh program, among other changes.
AB 1229 was held on the Senate Appropriations Committee suspense file.

AB 1894 (Weber), Chapter 746, Statutes of 2018, authorized CDSS to enter into a memorandum of understanding with the Chancellor of the California State University (CSU) in order to allow any qualifying food facility located on a CSU campus to participate in the restaurant meals program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

REGISTERED SUPPORT / OPPOSITION:

Support

California Student Aid Commission

Coalition of California Welfare Rights Organizations

Opposition

None on file

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089