18901.12. (Amended by Stats. 2022, Ch. 28, Sec. 164.)

(a) On or before May 31, 2022, the department shall issue a guidance letter to counties, the Chancellor’s Office of the California Community Colleges, the Chancellor’s office of the California State University, and the Office of the President of the University of California that does all of the following:

(1) Clarifies the state and federal eligibility requirements for a campus-based program to be a state-approved local educational program that increases employability that qualifies for the student exemption for CalFresh eligibility, as described in Section 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations, and is consistent with Section 273.7(e)(1) of Title 7 of the Code of Federal Regulations.

(2) Clarifies the application and approval process for a campus-based program to be approved by the department as a state-approved local educational program that increases employability, as described in paragraph (1), including, but not limited to, clarifying the supporting documents required for program approval.

(b) (1) A campus-based program at a campus of the California Community Colleges or at a campus of the California State University that meets the eligibility requirements to be a state-approved local educational program that increases employability, as established by the department’s guidance letter issued pursuant to subdivision (a), shall submit a certification application for the program to the department on or before September 1, 2022. If the campus-based program is available at more than one campus, the application shall list each campus at which the program is available. An individual campus administration, the Chancellor’s Office of the California Community Colleges, or the Chancellor’s office of the California State University, as applicable, may submit the certification application on behalf of the campus-based program.

(2) A campus-based program at a campus of the University of California that meets the eligibility requirements to be a state-approved local educational program that increases employability, as established by the department’s guidance letter issued pursuant to subdivision (a), is requested to submit a certification application for the program to the department on or before September 1, 2022. If the campus-based program is available at more than one campus, the application shall list each campus at which the program is available. An individual campus administration or the Office of the President of the University of California may submit the certification application on behalf of the campus-based program.

(c) (1) A campus-based program that meets the eligibility requirements to be a state-approved local educational program that increases employability after September 1, 2022, at a campus of the California Community Colleges or the California State University shall submit a certification application to the department on or before six months following the formation of the program. If the campus-based program is available at more than one campus, the application shall list each campus at which the program is available. An individual campus administration, the Chancellor’s Office of the California Community Colleges, or the Chancellor’s office of the California State University, as applicable, may submit the certification application on behalf of the campus-based program.

(2) A campus-based program that meets the eligibility requirements to be a state-approved local educational program that increases employability after September 1, 2022, at a campus of the University of California is requested to submit a certification application to the department on or before six months following the formation of the program. If the campus-based program is available at more than one campus, the application shall list each campus at which the program is available. An individual campus administration or the Office of the President of the University of California may submit the certification application on behalf of the campus-based program.

(d) Upon receipt of a certification application from a campus-based program pursuant to subdivision (b) or (c), the department shall approve the campus-based program if it meets the eligibility requirements to be a state-approved local educational program that increases employability, as established in the department’s guidance letter issued pursuant to subdivision (a).

(e) (1) On or before September 1, 2023, and annually thereafter, until 2030, the department shall report to the Assembly Committee on Higher Education, the Assembly Committee on Human Services, the Senate Committee on Education, and the Senate Committee on Human Services all of the following information:

(A) The number of state-approved campus-based local educational programs that increase employability that are approved pursuant to subdivision (d), disaggregated by name and campus.

(B) The number of pending applications, disaggregated by name and campus.

(C) The number of applications denied, disaggregated by name and campus, and the reason for the denials.

(2) The department shall also post the report described in paragraph (1) on its internet website.

(f) 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), the department may implement and administer this section through all-county letters or similar instructions that shall have the same force and effect as regulations.