SB1298eng 104TH GENERAL ASSEMBLY

SB1298 Engrossed LRB104 09715 KTG 19781 b

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 12-4.13b as follows:

(305 ILCS 5/12-4.13b)

Sec. 12-4.13b. College student eligibility for supplemental nutrition assistance benefits.

(a) For the purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, a career and technical educational program offered at a community college and approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.

(a-5)(1) For the purposes of Section 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations, any undergraduate program of study that serves low-income students at a public institution of higher education improves employability and shall be considered equivalent to an acceptable SNAP E&T program component under Section 273.7(e) of Title 7 of the Code of Federal Regulations beginning March 1, 2028, unless prohibited by federal law. As used in this subsection, "public institution of higher education" has the meaning ascribed to that term in Section 1 of the Board of Higher Education Act.

(2) On or before January 1, 2028, and every year thereafter, the Illinois Board of Higher Education and the Illinois Community College Board shall provide to the Department of Human Services the percentage of students, by program of study, who received grants under the federal Pell Grant program and the State's Monetary Award Program (MAP) at each institution of higher education from which they collect MAP and Pell recipient data during the most recent academic year. If any alternative data sources are available to substantiate that programs of study at public colleges and universities serve low-income students, that data may also be provided to the Department of Human Services in lieu of Pell or MAP data.

(3) Unless prohibited by federal law and subject to the provisions of this paragraph, a graduate program of study at a public institution of higher education shall be considered equivalent to an acceptable SNAP E&T program component under Section 273.7(e) of Title 7 of the Code of Federal Regulations, for the purposes of Section 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations, if (i) the institution has provided the Department of Human Services with the percentage of its students within each program of study during the most recent academic year with an Alternative Application for Illinois Student Aid or Free Application for Federal Student Aid (FAFSA) expected family contribution of zero or other available data on the income status of the student population by program and (ii) the program of study serves low-income students. An institution that elects to provide such data to the Department of Human Services shall do so on or before January 1 of a given year and every year thereafter and any programs of study for low-income students shall be considered equivalent to an acceptable SNAP E&T program component under Section 273.7(e) of Title 7 of the Code of Federal Regulation as of March 1 of that year.

(4) Beginning March 1, 2028, and every March 1 thereafter, the Department of Human Services shall publish on its website an updated list of the programs of study that serve low-income students by institution of higher education as provided under this subsection.

(b) The Department of Human Services, in consultation with representatives of the Illinois Community College Board, the Illinois Student Assistance Commission, the Illinois Workforce Innovation Board, and advocates for students and SNAP recipients, shall establish a protocol to identify and verify all potential exemptions to the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations, and to identify and verify a student's participation in educational programs, including, but not limited to, self-initiated placements, that would exempt a student from the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations. To the extent possible, this consultation shall take place through existing workgroups convened by the Department of Human Services.

(c) If the United States Department of Agriculture requires federal approval of the exemption designation established pursuant to subsection (a) and the protocol established pursuant to subsection (b), the Department of Human Services shall seek and obtain that approval before publishing the guidance or regulation required by subsection (e).

(d)(1) This Section does not require the Department of Human Services to offer a particular component, support services, or workers' compensation to a college student found eligible for an exemption pursuant to this Section.

(2) This Section does not restrict or require the use of federal funds for the financing of SNAP E&T programs.

(3) This Section does not require an institution of higher education to verify eligibility for SNAP.

(e) The Department of Human Services shall adopt any rules necessary to implement the provisions of subsections (a), (a-5), (b), (c), and (d). Rulemaking shall not delay the full implementation of subsection (a-5).

(Source: P.A. 100-620, eff. 7-20-18; 101-560, eff. 8-23-19.)

Section 99. Effective date. This Act takes effect upon becoming law.