(a) For purposes of this section, the following definitions apply:

(1) “CalFresh program” means the program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.

Terms Used In California Education Code 66023.6

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

(2) “FAFSA” means the Free Application for Federal Student Aid.

(3) “Independent institution of higher education” has the same meaning as defined in Section 66010.

(4) “Private postsecondary educational institution” has the same meaning as defined in Section 94858.

(b) It is the intent of the Legislature to clarify educational policies for purposes of addressing student hunger on campus by ensuring low-income students have equitable access to nutritious and sufficient food sources by improving access for low-income students to the CalFresh program.

(c) It is the intent of the Legislature to codify the United States Department of Education’s Dear Colleague Letter GEN-22-02 issued on January 20, 2022, to ensure that California institutions of higher education are increasing awareness of available benefits for students to use to reduce hunger on campus and to ensure continued enrollment.

(d) For purposes of Section 273.5(a) of Title 7 of the Code of Federal Regulations, a student shall be determined to be attending at least one-half time any semester or term in which the student enrolls in at least one-half of the number of credits needed each semester or term to graduate within four years of enrollment as a first-time freshmen or within two years of enrollment as a transfer student, unless prohibited by federal law.

(e) (1) Each campus of the California State University and each community college district shall use FAFSA data to identify students who meet the income qualifications for the CalFresh program.

(2) (A) Each campus of the California State University and each community college district shall send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations.

(B) The email described in subparagraph (A) shall encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program.

(f) (1) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to use FAFSA data to identify students who meet the income qualifications for the CalFresh program.

(2) (A) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations.

(B) It is the intent of the Legislature that the email described in subparagraph (A) encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program.

(g) For purposes of Section 483(a)(3)(E) of the Higher Education Act of 1965, as amended by Section 1090(a)(3)(E) of Title 20 of the United States Code, FAFSA data shall be used in accordance with federal law and for purposes of this section shall only be used to inform students of their potential CalFresh program eligibility.

(Added by Stats. 2022, Ch. 934, Sec. 1. (AB 2810) Effective January 1, 2023.)