WSR 13-19-066 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 17, 2013, 9:28 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-109.
Title of Rule and Other Identifying Information: WAC 388-482-0005 How does being a student of higher education impact my eligibility for the Washington Basic Food program?, 388-444-0010 Who is exempt from work registration while receiving Basic Food?, 388-444-0015 How can the Basic Food employment and training (BF E&T) program help me find work?, 388-450-0100 Allocating income—Definitions, 388-486-0010 Unmarried pregnant or parenting minors—Required school attendance, and 388-310-0900 WorkFirst—Basic Education.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on October 22, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 23, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 22, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 8, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division is proposing to amend the above WACs to remove the term "general educational development (GED) test["] and replace it with the term "high school equivalency certificate."
Reasons Supporting Proposal: The proposed amendments are necessary to conform with ESHB 1686, chapter 39, Laws of 2013, which creates a high school equivalency certificate as a certificate issued jointly by the state board of community and technical colleges and the office of superintendent of public instruction. A certificate will indicate that the holder attained scores at or above the minimum proficiency level on a high school equivalency test.
Statute Being Implemented: ESHB 1686, chapter 39, Laws of 2013.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kerry Judge-Kemp, 712 Pear Street S.E., Olympia, 98501, (360) 725-4630.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes do not have an economic impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328(5):
(b)(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party;
(b)(vii) "[t]his section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
September 12, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-14-019, filed 6/22/09, effective 7/23/09)
WAC 388-310-0900 WorkFirst—Basic education.
(1) What is basic education? Basic education is high school completion, classes to prepare for ((general equivalency diploma (GED))) high school equivalency, testing to acquire ((GED certification)) high school equivalency, adult basic education (ABE) or English as a second language (ESL) training. Basic education also includes approved homework and study activities associated with the educational activity. (2) When do I participate in basic education as part of WorkFirst? You may participate in basic education as part of WorkFirst under any of the following circumstances: (a) You are twenty years of age or older and your comprehensive evaluation shows you need this education to become employed or get a better job and: (i) You are participating the equivalent of twenty hours or more per week in job search, vocational education, issue resolution, paid work or unpaid work that meets the federal definition of core activities; or (ii) You have limited-English proficiency and you lack language skills that are needed to qualify for entry level jobs. (b) You may be required to participate if you are a mandatory participant, a parent eighteen or nineteen years of age, you do not have a high school diploma or ((GED certificate)) high school equivalency and you need this education in order to find employment. (c) You will be required to be in high school or a ((GED certification)) high school equivalency program if you are a mandatory participant, sixteen or seventeen years old and you do not have a high school diploma or ((GED)) high school equivalency certificate. (d) You are enrolled in the pregnancy to employment pathway and your comprehensive evaluation shows basic education would help you find and keep employment. (See WAC 388-310-1450.)
AMENDATORY SECTION (Amending WSR 10-18-048, filed 8/26/10, effective 10/1/10)
WAC 388-444-0010 Who is exempt from work registration while receiving Basic Food?
If you receive Basic Food, you are exempt from work requirements in chapter 388-444 WAC if you meet any of the following conditions: (1) You are age sixteen or seventeen, not the head of household, and: (a) Attend school such as high school or ((GED)) high school equivalency programs; or (b) Are enrolled at least half time (using the institutions definition) in an employment and training program under: (i) The Workforce Investment Act (WIA); (ii) Section 236 of the Trade Act of 1974; or (iii) Another state or local employment and training program. (2) You are a student age eighteen or older enrolled at least half time as defined by the institution in: (a) Any accredited school; (b) A training program; or (c) An institution of higher education. If you are enrolled in higher education, you must meet the requirements under WAC 388-482-0005 to be eligible for Basic Food benefits. (3) You are an employed or self-employed person working thirty hours or more per week, or receiving weekly earnings equal to the federal minimum wage multiplied by thirty; (4) You are complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF); (5) You receive unemployment compensation (UC) benefits or have an application pending for UC benefits; (6) You are responsible to care for: (a) A dependent child under age six; or (b) Someone who is incapacitated. (7) We determine that you are physically or mentally unable to work; or (8) You regularly participate in a drug addiction or alcoholic treatment and rehabilitation program.
AMENDATORY SECTION (Amending WSR 10-18-048, filed 8/26/10, effective 10/1/10)
WAC 388-444-0015 How can the Basic Food employment and training (BF E&T) program help me find work?
The Basic Food employment and training (BF E&T) program is the name for Washington's voluntary supplemental nutrition assistance program (SNAP) employment and training program. (1) If you receive federally-funded Basic Food benefits, you may choose to receive services through the BF E&T program in one or more of the following activities, if we currently provide the service in the county where you live: (a) Job search; (b) Paid or unpaid work; (c) Training or work experience; (d) ((General education development (GED))) High school equivalency classes; or (e) English as a second language (ESL) classes. (2) If you are eligible to participate in a BF E&T activity, there is no limit to the number of hours you can participate. (3) If you receive benefits under the state-funded food assistance program (FAP), you are not eligible to participate in BF E&T.
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-450-0100 Allocating income—Definitions.
The following definitions apply to the allocation rules for TANF/SFA, RCA, PWA, and ABD cash programs: (1) "Dependent" means a person who: (a) Is or could be claimed for federal income tax purposes by the financially responsible person; or (b) The financially responsible person is legally obligated to support. (2) "Financially responsible person" means a parent, stepparent, adoptive parent, spouse or caretaker relative. (3) A "disqualified assistance unit member" means a person who is: (a) An unmarried pregnant or parenting minor under age eighteen who has not completed a high school education or ((general education development (GED))) high school equivalency certification and is not participating in those educational activities which would lead to the attainment of a high school diploma or ((GED)) high school equivalency; (b) An unmarried pregnant or parenting minor under age eighteen who is not living in a department-approved living situation; (c) The financially responsible person who does not report to the department within five days of the date it becomes reasonably clear that the absence of a child will exceed ninety days; (d) A person who has been convicted in federal or state court of having made a fraudulent statement or representation about their place of residence in order to receive assistance from two or more states at the same time as defined in WAC 388-446-0010; and (e) A person who has been convicted of unlawfully receiving public assistance as defined under WAC 388-446-0005. (4) "Ineligible assistance unit member" means an individual who is: (a) Ineligible for cash assistance due to the citizenship/alien status requirements in WAC 388-424-0010; (b) Ineligible to receive assistance under WAC 388-442-0010 for having been convicted after August 21, 1996, under federal or state law, of possession, use or distribution of a controlled substance; (c) Ineligible to receive assistance under WAC 388-442-0010 for fleeing to avoid prosecution or custody or confinement after conviction for a crime or attempt to commit a crime; (d) Ineligible to receive assistance under WAC 388-442-0010 for violating a condition of probation or parole which was imposed under a federal or state law as determined by an administrative body or court of competent jurisdiction; (e) The spouse of a woman who receives cash benefits from the PWA program; or (f) The adult parent of a minor parent's child.
AMENDATORY SECTION (Amending WSR 13-13-004, filed 6/6/13, effective 7/7/13)
WAC 388-482-0005 How does being a student of higher education impact my eligibility for the Washington Basic Food program?
(1) For Basic Food, we consider you a student of higher education if you are: (a) Age eighteen through forty-nine; (b) Physically and mentally able to work (we determine if you are unable to work); (c) Enrolled in an institution of higher education at least half-time as defined by the institution; and (d) Enrolled in coursework considered to be higher education. (2) An institution of higher education is: (a) Any educational institution that requires a high school diploma or ((general education development)) high school equivalency certificate (((GED))); (b) A business, trade, or vocational school that requires a high school diploma or ((GED)) high school equivalency; or (c) A two-year or four-year college or university that offers a degree but does not require a high school diploma or ((GED)) high school equivalency. (3) If you are a student of higher education, you must also meet one of the following conditions to be eligible for Basic Food: (a) You have paid employment of at least twenty hours per week. (b) You are self-employed, work, and earn at least the amount you would earn working twenty hours at the federal minimum wage; (c) You were participating in a state or federal work study program during the regular school year. (i) To qualify under this condition, you must: (A) Have approval for work study at the time of application for Basic Food; (B) Have work study that is approved for the school term; and (C) Anticipate actually working during that time. (ii) The work study exemption begins: (A) The month in which the school term starts; or (B) The month work study is approved, whichever is later. (iii) Once begun, the work study exemption shall continue until: (A) The end of the month in which the school term ends; or (B) We find out you refused a work study assignment. (d) You are responsible for more than half the care of a dependent person in your assistance unit (AU) who is age five or younger; (e) You are responsible for more than half the care of a dependent person in your AU who is between age six and eleven, if we have determined that there is not adequate child care available during the school year to allow you to: (i) Attend class and satisfy the twenty-hour work requirement; or (ii) Take part in a work study program. (f) You are a single parent responsible for the care of your natural, step, or adopted child who is eleven or younger; (g) You are an adult who has the parental responsibility of a child who is age eleven or younger if none of the following people live in the home: (i) The child's parents; or (ii) Your spouse. (h) You participate in the WorkFirst program under WAC 388-310-0200; (i) You receive TANF or SFA benefits; (j) You attend an institution of higher education through: (i) The Workforce Investment Act (WIA); (ii) The Basic Food employment and training (BF E&T) program under chapter 388-444 WAC; (iii) An approved state or local employment and training program; or (iv) Section 236 of the Trade Act of 1974. (4) If you are a student of higher education and the only reason you are eligible for Basic Food is because you are participating in work study, you are only eligible while you work and receive money from work study. If your work study stops during the summer months, you must meet another condition to be an eligible student during this period. (5) If you are a student of higher education, your status as a student: (a) Begins the first day of the school term; and (b) Continues through vacations. This includes the summer break if you plan to return to school for the next term. (6) We do not consider you a student of higher education if you: (a) Graduate; (b) Are suspended or expelled; (c) Drop out; or (d) Do not intend to register for the next normal school term other than summer school.
AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)
WAC 388-486-0010 Unmarried pregnant or parenting minors—Required school attendance.
(1) This rule affects only the minor's eligibility for cash assistance. It does not affect the eligibility of the minor parent's child for a cash grant. (2) To be eligible for TANF or SFA, an unmarried pregnant or parenting minor who has not completed high school or a ((general education development (GED))) high school equivalency certificate program must participate in educational activities leading to the attainment of a high school diploma or ((GED)) high school equivalency certificate. (3) The minor must meet the standard for satisfactory attendance set by the school or program in which the minor is enrolled. (4) An unmarried minor is exempt from this rule if the minor has: (a) Been emancipated by a court; or (b) A child who is less than twelve weeks old. (5) The income of a minor parent found ineligible under this section is treated according to WAC 388-450-0100 and 388-450-0115 when determining the eligibility and benefit level of the minor parent's child.
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