SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed August 6, 2025, 11:14 a.m.]

Preproposal statement of inquiry was filed as WSR 25-12-119.

Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to amend WAC 388-482-0005 How does being a student of higher education affect my eligibility for the Washington basic food program?

Hearing Location(s): On September 9, 2025, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: No earlier than September 10, 2025.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning August 6, 2025, at noon, by September 9, 2025, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by August 26, 2025, at 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments are necessary to align WAC with federal rules regarding student eligibility, and remove language regarding the temporary expansion of student eligibility for food assistance during the public health emergency which ended May 11, 2023.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 43.20A.760, 74.04.500, 74.04.510, and 74.08A.120.

Rule is necessary because of federal law, 7 C.F.R. 273.5(b).

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Alexis Miller, P.O. Box 45470, Olympia, WA 98504-5470, 253-579-3144.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: This rule is necessary to comply with 7 C.F.R. 273.5(b).

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Is exempt under RCW 19.85.025(4).

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.

Scope of exemption for rule proposal:

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 21-17-093, filed 8/13/21, effective 9/13/21)

WAC 388-482-0005How does being a student of higher education affect my eligibility for the Washington basic food program?

(1) If you are enrolled at least half-time in an institution of higher education, you are ineligible for basic food unless you qualify for an exemption in subsection (4) of this section.

(2) You are considered a student of higher education for basic food purposes if you are:

(a) Enrolled in an institution of higher education at least half-time as defined by the institution; and

(b) Enrolled in coursework considered to be higher education.

(3) An institution of higher education is:

(a) Any educational institution that requires a high school diploma or high school equivalency certificate;

(b) A business, trade, or vocational school that requires a high school diploma or 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 high school equivalency.

(4) If you are a student of higher education, you must also meet at least one of the following exemptions to be eligible for basic food:

(a) You are age ((seventeen))17 or younger;

(b) You are age ((fifty))50 or older;

(c) You are physically or mentally ((unable))unfit to work while attending school (we determine if you are unable to work);

(d) You have paid employment and work an average of at least ((twenty))20 hours per week each month;

(e) You are self-employed, work, and earn at least the amount you would earn working an average of ((twenty))20 hours per week at the federal minimum wage each month; or

(f) You ((were))are participating in a state or federal work study program during the regular school year.

(i) To qualify under this exemption, 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

(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.

(((g) Starting January 16, 2021, you are determined eligible to participate in state or federal work study by your institution of higher education during the regular school year. Requirements under subsections (4)(f)(i)-(iii) of this section are suspended until the COVID-19 federal public health emergency ends as described under subsection (5) of this section.

(h)))(g) You are responsible for ((more than half)) the care of a dependent person in your assistance unit (AU) who is age five or younger;

(((i)))(h) You are responsible for ((more than half)) the care of a dependent person in your AU who is between age six and ((eleven))11, if we have determined that there ((is not))isn't adequate child care available during the school year to allow you to:

(i) Attend class and satisfy the ((twenty))20-hour work requirement; or

(ii) Take part in a work study program.

(((j)))(i) You are a single parent who is a full time student that is responsible for the care of your natural, step, or adopted child who is ((eleven))11 or younger;

(((k)))(j) You are an adult who has the parental responsibility of a child who is age ((eleven))11 or younger if none of the following people live in the home:

(i) The child's parents; or

(ii) Your spouse.

(((l)))(k) You participate in the WorkFirst program under WAC 388-310-0200;

(((m)))(l) You receive TANF or SFA benefits;

(((n)))(m) You attend an institution of higher education through:

(i) The Workforce Investment Act (WIA);

(ii) The basic food employment and training 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.

(((o) Starting January 16, 2021, you have an expected family contribution (EFC) of zero dollars in the current academic year as determined by part F of Title IV of the Higher Education Act of 1965.

(5) The conditions in subsection (4)(g) and (o) of this section will continue as follows:

(a) For initial applications, until thirty days after the COVID-19 federal public health emergency ends.

(b) For recertifications, no earlier than your first recertification thirty days after COVID-19 federal public health emergency ends.

(6)))(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.

(((7)))(6) We do not consider you a student of higher education if you:

(a) Graduate;

(b) Are suspended or expelled;

(d) Do not intend to register for the next normal school term other than summer school.