Bill Text: CA AB743 | 2015-2016 | Regular Session | Amended
Bill Title: CalWORKs: eligibility: work activities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB743 Detail]
Download: California-2015-AB743-Amended.html
BILL NUMBER: AB 743 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
INTRODUCED BY Assembly Member Eggman
(Coauthors: Assembly Members Cristina Garcia and Gonzalez)
FEBRUARY 25, 2015
An act to amend Sections 11250.8, 11322.87, 11325.22,
11325.23, and 11327.4 11250.8 and 11325.23 of
the Welfare and Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 743, as amended, Eggman. CalWORKs: eligibility: work
activities.
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
participant's 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 participant'
s 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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
person's 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 county's 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 recipient's 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 participant's
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 recipient's 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 recipient's 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 individual's 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
person's 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 individual's
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
participant's abilities, consistent with the participant's
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
participant's request for reassignment if another assignment is
available that is consistent with the participant's 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.
