63-406 STUDENTS 63-406

(a) An “institution of higher education” refers to:

(1) A business, trade, technical or vocational school at the post-high school level that normally requires a high school diploma or equivalency certificate for enrollment; or

(2) A junior, community, two-year or four-year college or university, or graduate school, regardless of whether a high school diploma or equivalency certificate is required.

(A) If a college normally requires a high school diploma or equivalency certificate, but does not require either of these for a particular program or course, enrollment in such a program or course does not constitute enrollment in an institution of higher education.

.12 Student eligibility requirements shall not apply to persons age 17 or under, persons age 50 or over, persons physically or mentally unfit for employment, persons attending high school, persons participating strictly in the job training portion of on-the-job-training programs as opposed to the class attendance portion, persons enrolled in an institution of higher education as specified in Section 63-406.111(a)(1) less than half-time, persons enrolled in a regular curriculum in an institution of higher education as specified in Sections 63-406.111 and 63-406.111(a)(2) less than half-time, or to persons enrolled full-time in schools and training programs which are not institutions of higher education.

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.121 If mental or physical unfitness for employment is claimed and the unfitness is not evident to the CWD, verification shall be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist.

.122 Participants in an on-the-job training program would have to meet the student eligibility requirements when they were only attending classes in an institution of higher education at least helf-time, and not involved in the training portion as specified in Section 63-406.12.

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Example (a) A man is involved in a six-month on-the-job training program at a vocational school that normally requires a high school diploma. During the first three months of the program he engages exclusively in full-time, on-site classroom instruction, to prepare him to work in the shop area. He must meet one of the student eligibility requirements as specified in Section 63-406.21 to be eligible to receive food stamps because he is a student at an institution of higher education as specified in Sections 63-406.111 and .111(a)(1).

Example (b) A man is involved in a six-month on-the-job training program at a vocational school that normally requires a high school diploma. He spends the first four hours each day in classroom instruction and the second four hours in the shop, applying what he learned on the job. He does not have to meet the student eligibility requirements as specified in Section 63-406.21 because he is engaged in on-the-job training and therefore is exempt from meeting the student eligibility requirements.

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.2 Eligibility Requirements.

.21 In order to be eligible to participate in the Food Stamp Program, any student (as defined in Section 63-406.1) shall meet at least one of the following criteria on the date of the interview:

.211 Be employed for a minimum of twenty 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 gross weekly earnings at least equal to the federal minimum wage multiplied by 20 hours; (See Section 63-408.111 and Section 63-502.112).

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.212 Be approved for state or federally financed work study for the current school term, as defined by the institution, and anticipate working during the term.

The exemption begins the month the school term starts or the month work study is approved, whichever is later. The exemption continues until the end of the month the school term ends, or it becomes known that the student refused a work assignment.

The exemption shall not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break.

.213 Be exerting parental control over a dependent household member under the age of six. (See Section 63-102p.(1) for definition of parental control.)

.214 Be exerting parental control over a dependent household member who has reached age six but is under age 12 and the CWD has determined on a case-by-case basis that adequate child care services are not available (See Section 63-406.23) to enable the individual to attend class and work 20 hours per week or participate in a state or federally financed work study program during the regular school year.

.215 Be a recipient of AFDC.

.216 Be assigned to or placed in an institution of higher education through or in compliance with the requirements of Sections 63-406.216(a) through (e).

Self-initiated placements during the period of time the person is enrolled in one of the employment and training programs as specified in Sections 63-406.216(a) through (e) shall be considered to be in compliance with the requirements of the employment and training program in which the person is enrolled, provided that the program has a component for enrollment in an institution of higher education and that program accepts the placement.

Persons who voluntarily participate in one of the employment and training programs as specified in Sections 63-406.216(a) through (e) and are placed in an institution of higher education through or in compliance with the requirements of the program shall qualify for the exemption. These programs are:

(a) The Job Training Partnership Act (JTPA),

(b) a Food Stamp Employment or Training Program (FSET),

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(c) the Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act.

(d) a program under Section 236 of the Trade Act of 1974, or

(e) a state or local government employment and training program, for low-income individuals, determined by the county welfare department to be providing at least one of the components as specified in Section 63-407.841.

.217 Enrolled full-time in an institution of higher education and is a single parent with responsibility for the care of a dependent child under age 12.

This provision applies when only one of the child’s(ren’s) natural, adoptive or stepparents, regardless of marital status, is in the same food stamp household as the child(ren). "Regardless of marital status" means that the parent could be single (never married), a widow or widower, separated, divorced, or married and living in a separate household from the other parent.

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Example (a) If one natural parent and a stepparent are living with the child, neither the natural parent nor the stepparent could qualify for the student exemption.

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If no natural, adoptive or stepparent is in the same food stamp household as the child, another full-time student in the same food stamp household as the child may qualify for eligible student status if he or she has parental control over the child and is not living with his or her spouse.

.22 The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Once a student enrolls in an institution of higher education, such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess unless the student graduates, is suspended or expelled or drops out.

.221 Student eligibility criteria shall be applied on the date of the interview to all applicants who are students as defined in Section 63-406.1. The student eligibility criteria shall also be applied on the date of the interview to all applicants who are noncontinuing students in the final month of student status.

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.23 In determining whether or not adequate child care services are available as required in Section 63-406.214, the following factors shall be considered:

.231 Accessibility of the child care facility to the child's home and school,

.232 Convenience for the student household member and suitability of the hours of the child care with respect to the student household’s member’s school schedule, and

.233 Appropriateness of the child care services to the age and special needs of the child.

.3 Ineligible Students

Any student as defined in Section 63-406.1 who does not meet the eligibility criteria of Section 63-406.2 shall be considered an excluded household member. The income and resources of an ineligible student shall be treated in accordance with Section 63-503.45.

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: Sections 10554 and 18904, Welfare and Institutions Code; 7 CFR 271.2; 7 CFR 273.5, .5(a), .5(b)(6), (b)(7), (b)(10), and (b)(11); 7 CFR 273.10(b); Federal Register, Volume 60, Number 183, dated September 21, 1996; and 7 U.S.C. 2015(e).