Section 5101:4-6-04 - Food assistance: student enrolled in an institution of higher education(A) Who is considered to be an ineligible student?(1) An individual who is enrolled at least half-time, as determined by the school, in an institution of higher education is to be ineligible to participate in the supplemental nutrition assistance program (SNAP) unless the individual qualifies for one of the exemptions in paragraph (B) of this rule.(2) An individual is considered to be enrolled in an institution of higher education when the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or when the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is necessary.(B) What are the student exemptions? To be eligible for the program, a student as defined in paragraph (A) of this rule is to meet at least one of the following criteria:
(1) Age: the student is age seventeen or younger or age fifty or older.(2) Unfit to work: the student is physically or mentally unfit for work in accordance with rule 5101:4-3-11 of the Administrative Code.(3) Recipient of Ohio works first (OWF): the student is considered to be a recipient of an OWF cash payment.(4) Enrolled through work activity programs: the student is enrolled in the institution of higher education as a result of participation in an OWF work activity program.(5) Employed: the student is employed for a minimum of twenty hours per week and is paid for such employment or, when self-employed, is employed for a minimum of twenty hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty hours. The twenty hours per week is specific. The total hours worked in a month cannot be averaged.(6) Participation in a work study program: the student is participating in a state- financed or federally-financed work study program during the regular school year. To qualify under this provision, the student is to be approved for work study at the time of application for SNAP, the work study is to be approved for the school term, and the student is to anticipate actually working during that time. The exemption is to begin with the month the school term begins or the month work study is approved, whichever is later. Once begun, the exemption is to continue until the end of the month the school term ends, or it becomes known that the student has refused an assignment. When it is determined that a student had been approved and anticipated performing work study hours that did not materialize, no claim is to be created. When a determination is made that the student deliberately gave wrong or misleading information, a claim is to be created. The student work study exemption is not to continue between terms when there are breaks of a full month or longer unless the student is participating in work study during the break.
(7) Participation in on-the-job training: the student is participating in an on-the-job training program. An individual is considered to be participating in an on-the- job training program only during the period of time the individual is being trained by the employer.(8) Care of a child under age six: the student is responsible for the care of a dependent assistance group member under the age of six.(9) Care of a child between six and eleven years of age: the student is responsible for the care of a dependent assistance group member who has reached the age of six but is under age twelve when the county agency has determined that adequate child care is not available to enable the student to attend class and comply with the work requirements of paragraphs (B)(5) and (B)(6) of this rule.(10) A single parent with a child under age twelve: the student is a single parent enrolled in an institution of higher education on a full-time basis (as determined by the institution) and is responsible for the care of a dependent child under age twelve. This provision applies in those situations where only one natural, adoptive, or stepparent (regardless of marital status) is in the same assistance group as the child. When no natural, adoptive, or stepparent is in the same SNAP assistance group as the child, another full-time student in the same assistance group as the child may qualify for eligible student status under this provision when he or she has parental control over the child and is not living with his or her spouse.(11) Enrolled in an institution of higher education as a result of participation in: (a) A program under the Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) (7/2014);(b) A program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296) (6/2015);(c) An employment and training program other than the SNAP employment and training (E & T) program, for low-income assistance groups that is operated by a state or local government where one or more of the components of such program is at least equivalent to an acceptable SNAP E & T program component. The JFS 07600 "Student Verification" is to be completed by the institution of higher education and used when determining that the following criteria is met: (i) The individual is enrolled in a program under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 2296); or(ii) The individual is enrolled in an accredited institution of higher education with a major that leads to an in-demand occupation. A list of in-demand occupations can be found on the Ohio means jobs website: "https://topjobs.ohio.gov/top-jobs-list"; and(a) Is eligible to participate in a state-financed or federally-financed work study program during the regular school year, as determined by the institution of higher education; or(b) Has an expected family contribution of zero dollars in the current academic year; or(d) An E & T program under Chapter 5101:4-9 of the Administrative Code, subject to the condition that the course of study or program; (i) Is part of a program of career and technical education as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 2296); or(ii) Is limited to remedial courses, basic adult education, literacy, or English as a second language.(C) How is enrollment status determined? The enrollment status of a student is to begin on the first day of the school term of the institution of higher education. Such enrollment is to be deemed to continue through normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term excluding summer school.
(D) How is an ineligible student's income and resources handled? An individual who is subject to the requirements of this rule and who does not meet any of the criteria in paragraph (B) of this rule is to be considered ineligible to participate in the SNAP program. The income and resources of the ineligible student is not to be counted in determining eligibility or the level of benefits for the assistance group, as specified in rule 5101:4-6-15 of the Administrative Code.
(E) How is eligibility determined for students who are participating in a meal plan at an institution of higher education?(1) The county agency is to determine when students participating in a meal plan receive a majority of their meals through the meal plan. (a) The circumstances should be fully explored to determine how to treat meal plans and to determine the scope of the meal plan. Meal plan structure may vary from institution to institution and the value of a meal plan may be counted by the number of meals, points, or dollars included. Additional information may be obtained from the student for clarification when it is unclear how many meals are received from the meal plan.(b) For example, when a student receives breakfast and lunch every weekday through their meal plan, that is equivalent to ten meals per week. While this is two of three daily meals, the county agency would not consider the student to be receiving the majority of their meals as ten meals per week is less than the majority of twenty-one total weekly meals.(2) Students will be considered a resident of an institution when the majority of their meals are provided through a meal plan and will be ineligible for SNAP in accordance with rule 5101:4-2-03 of the Administrative Code.(3) Students who are not provided with the majority of their meals through a meal plan are not considered a resident of an institution and may be eligible for SNAP when all other eligibility factors are met.Ohio Admin. Code 5101:4-6-04
Effective: 10/1/2024
Five Year Review (FYR) Dates: 10/1/2028
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 08/01/1984 (Emer.), 10/20/1984, 08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 04/10/1987 (Emer.), 06/22/1987, 08/01/1987 (Emer.), 10/25/1987, 03/24/1988 (Emer.), 06/18/1988, 01/01/1989 (Emer.), 03/18/1989, 10/01/1990, 08/01/1992 (Emer.), 10/30/1992, 09/01/1994, 02/01/1996, 02/01/1999, 05/01/2003, 06/06/2008, 06/01/2013, 09/01/2018, 11/01/2019, 10/01/2023