State of Wisconsin Department of Health Services

Release 24-02 August 22, 2024

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3.15.1 Student Eligibility

7 CFR 273.5

Persons (ages 18-49) enrolled less than half-time do not have to meet a student exemption to be eligible for FoodShare. However, persons enrolled half-time or more in an institution of higher education are ineligible for FoodShare unless they meet an exemption. A student could be enrolled for in-person, online, or hybrid courses.

An institution of higher education may be defined as:

• A business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum.
• A regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

Half-time enrollment can vary based on the institution of higher education. The college, university, or school can provide enrollment status for an applicant. A student is enrolled as of the first day of the school term through normal scheduled class periods, vacation, and recess unless they:

• Graduate.
• Are suspended, expelled, or drop out.
• Don't intend to register for the next school term (excluding summer school).

Persons enrolled at least half-time at a college, but in a program outside of the regular curriculum, do not need to meet a student exemption. Special programs not part of the regular curriculum can include remedial education, continuing or community education, professional development, English for Speakers of Other Languages (ESOL/ESL), and workforce development. IM workers should not consider persons enrolled in programs like these to be enrolled in an Institute of Higher Education. 

Example 1

Joe completes a FoodShare interview on July 15. He reports that he was enrolled at an institute of higher education full time for the Spring semester and intends to enroll full time for the upcoming Fall semester. Joe is considered a student effective as of his application date in July, as he was enrolled for the previous semester and intends to enroll for the upcoming semester.

3.15.1.1 Student Eligibility Exemptions

Persons enrolled half time or more in a regular curriculum at an institute of higher education must meet a student exemption to be eligible for FoodShare. Exemptions include students who are: 

1. Physically or mentally unfit for gainful employment. If questionable, verify through receipt of temporary or permanent disability benefits, or a statement from a physician or certified psychologist.
2. Under age 18 or age 50 or over.
3. Enrolled in Wisconsin Works (W-2) or other TANF-funded program under Title IV of the Social Security Act.
4. Employed at least an average of 80 hours per month with earnings (this excludes in-kind income).
   1. Compliance is determined by calculating whether the student worked an average of 80 hours per month over the period of a month, a quarter (calendar), a trimester (Fall, Winter, Spring), or a semester (Fall semester (1st) or Spring semester (2nd)). This is like budgeting for contractual and fluctuating employment (see Section 4.3.2 Earned Income).
   2. The payment can be received with regular frequency (that is, weekly, biweekly, semi-monthly) or as a one-time payment at the beginning or end of the employment period. There is no minimum wage or amount that must be received.
5. Self-employed at least an average of 80 hours per month with self-employment earnings (after self-employment expenses are subtracted) equivalent to at least the federal minimum wage.
   1. Gross monthly earnings must be at least $580 per month ($7.25 x 80 hours).
   2. Use student monthly hours to calculate a weekly average. Students whose employment hours fluctuate may be determined eligible for FoodShare, provided they maintain an average of 80 hours per month at minimum wage.
6. Participating in a state- or federally-financed work study program during the regular school year (no minimum hourly requirement).
   1. The student must be approved for work study at the time of FoodShare application or reported change, the work study must be approved for the school term, and the student must anticipate actually working at a work study placement during that time.
   2. The exemption shall begin with the month in which the school term begins, or the month work study is approved, whichever is later. Once begun, the exemption shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.
   3. The exemption shall not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break.
7. Participating in a paid on-the-job training program. This exemption applies only during the period the person is being trained by the employer.
8. Responsible for the care of a dependent food unit member under age six. If two people exercising parental controlAn adult providing parental control acts as a parent would toward the minor child. A minor child is considered under parental control if the child is financially or otherwise dependent on a member of the household. Foster care providers do not meet the parental control definition. are in the food unit, apply the exemption to only one person per childA person's biological, step, or adopted son or daughter, regardless of age. If a child is adopted, the adoption severs the biological tie to the parent..
9. Responsible for the care of a dependent food unit member who has reached age six but is under age 12 if the agency determines adequate child care is unavailable to enable the student to attend class or work activities. If two people exercising parental control are in the food unit, apply the exemption to only one person per child.
10. Single parents enrolled in an institution of higher education on a full-time basis, as determined by the institution, and are exercising care and control of a dependent food unit member under the age of 12.
    1. To apply this provision there must be only one biological or adoptive parent or stepparentThe spouse of a person who is the biological parent of a child. A stepparent that is divorced from a biological parent is no longer considered a stepparent. in the same food unit as the child. If there is no biological or adoptive parent or stepparent living with the child, another full-time student living with the child may qualify as an eligible student under this provision if the student has parental control of the child and does not live with their spouseA person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage..
11. Is assigned to or placed in an institution of higher education through or in compliance with the requirements of FSET, a program under the Job Training Partnership Act of 1974 (WIOA), or a program under section 236 of the Trade Act of 1974 (TAA).
    
    Persons who voluntarily participate in one of these employment and training programs and are placed in an institution of higher education through or in compliance with the requirements of the program shall also qualify for the exemption. 
12. Is enrolled in a program at an institution of higher education that meets the definition of a technical and/or vocational studies as detailed within the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). Additionally, the program must lead to a diploma, certificate, apprenticeship, journeyman, or associates degree. The program must be designed to be completed in two years or less, not including post certificate apprenticeship or training. 
    1. All Wisconsin Technical College System WTCS programs, except for programs designed exclusively for transfer to a four-year program, qualify as Career and Technical Education.
    2. The WTCS classifies any person taking classes within their system as an enrolled student. To be considered for the technical and/or vocational studies exemption, they must be enrolled in a program leading to a diploma, certificate, apprenticeship, journeyman, or associates degree.
    3. Classes taken for personal development outside of an established program curriculum do not qualify for the technical or vocational studies exemption. 
13. A program at an institute of higher education limited to remedial courses, basic adult education, literacy, or English as a second language.
14. Enrollment in certain employment and training programs for low-income households, which are operated by a state or local government and have an equivalent component to SNAP E&T (FSET).

Example 2

During an interview for FoodShare, Jack reports that they are a full-time student at Northern Technical College for phlebotomy and plans to graduate in the next year. Jack is enrolled in a two-year degree program that is expected to lead to a Phlebotomy Technician Technical Diploma. Jack meets all other eligibility criteria and is determined to be eligible for FoodShare because Jack is enrolled in a program at an institution of higher education that meets the definition of a technical or vocational studies as detailed within the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

 

Example 3

When Carla applies for FoodShare, Carla reports taking classes at Madison Area Technical College (MATC). Carla is taking cooking with herbs, pottery, and jewelry making. While Carla is enrolled and taking classes at MATC, Carla is not considered an enrolled student for FoodShare purposes because Carla is taking personal development classes, which are outside of the regular curriculum.

 

Example 4

When Bill applies for FoodShare, Bill reports enrollment in a four-year nursing program at a state university and has two years left in the program.  Bill does not meet any other student exemptions. Bill is not eligible for FoodShare.

 

Example 5

Bella is applying for FoodShare and reports being enrolled full time at UW-Milwaukee. Bella participates in an internship for a semester (five months). Bella works a total of 400 hours over the semester. At the end of the internship, Bella will be paid a stipend of $1,000. The IM worker averages the 400 hours over the five months (400 hours/5 months equals 80 hours per month). Bella meets all other eligibility criteria and  meets an exemption. Bella is determined an eligible student.

 

Note	IRS tax dependency status does not impact FoodShare eligibility determinations. A student may be claimed as a tax dependent by their parents and still qualify for FoodShare if they meet all other non-financial and financial eligibility criteria.

3.15.1.2 Verification

Verification of student enrollment status is typically not required. However, there are two exceptions. Enrollment at an institute of higher education must be verified if:

• Deemed questionable by the agency, or
• An applicant or member is determined to be an ABAWD and at least half time enrollment in a qualifying institute of higher education is the applicant or member’s only reported exemption from the FoodShare Work Requirement (see Section 3.17.1.4 Verification of Work Hours and Exemptions From the FoodShare Work Requirement).

Verification of student eligibility exemption(s) is not required unless otherwise noted as a part of eligibility requirements, deemed questionable, or specifically listed in Section 1.2.3.8 Student Eligibility Exemptions.

Example 6

Francois applies for FoodShare and reports that he is enrolled full time at an institute of higher education. He also reports that he is self-employed earning $1000 per month. Self-employment earnings of greater than $580 per month (federal minimum wage of $7.25 x 80) is an allowable student eligibility exemption. Because income is also a mandatory verification for FoodShare, the IM worker pends for verification of self-employment income.

3.15.1.3 Student Institutional Meal Plans

A student is an ineligible household member (and considered a resident of an institution) if they live in the dorms or other college housing and purchase a meal plan that provides more than 50% of their daily meals.

Determine meal plan coverage by calculating the percentage of daily meals available to the student. A meal plan offering 21 meals per week (breakfast, lunch, and dinner, seven days a week) offers 100% of daily meals. A student with access to 11 meals per week (52%) is ineligible; a student with access to 10 weekly meals (48%) is entitled to receive benefits if otherwise eligible.

Meal plan structures vary and can be counted by the number of meals, points, or dollars. IM workers must ask the applicant or member for clarification if it is unclear how many meals they receive from their plan. This information can be provided by the FoodShare applicant or member or from their school or meal plan provider. Meal plan participation can be defined as purchasing and enrolling in a meal plan at an institute of higher learning, either voluntarily or as required. If a student chooses to not eat the meals, this does not lower the percentage, as the meals are paid for and made available to the student. 

Example 7

Kate is enrolled full time at UW-La Crosse and lives on campus in a dorm. Kate has a meal plan that provides the equivalent of ten meals per week. Ten meals per week is less than the majority (50%) of 21 total weekly meals. Kate meets all other eligibility criteria and is determined eligible for FoodShare.

 

Example 8

Marvin is enrolled full time at UW-Madison and lives on campus in a dorm. Marvin is required to purchase a meal plan that includes 21 meals per week. Marvin doesn’t like the food offered and applies for FoodShare reporting that although he pays for a meal plan, he doesn’t eat the food. Marvin has more than 50% of his meals paid for, even though he chooses not to use his meal plan, and therefore he is not eligible to receive FoodShare.

3.15.1.4 Temporary COVID Exemption Policy

Effective January 1, 2021, if a student applies for FoodShare or is a member of a FoodShare household, two new exemptions must be explored. For ongoing cases, the new exemptions must be explored, and eligibility must be re-determined. Similarly, the new exemptions must be explored for any new student added to the household. 

1. Students are eligible to participate in state or federally financed work-study program during the regular school year, as determined by the institution of higher education or
2. Students have an expected family contribution (EFC) of $0 in the current academic year, as determined by the institution of higher education.

Note	For the change to the work-study exemption, the student does not need to actually be participating or anticipate they will participate in work-study, just be eligible to participate.

These temporary student exemptions must be explored for FoodShare applicants and members through 30 days following the end of the Federal COVID-19 Public Health Emergency. Members will retain the new exemption through the end of their certification period. Starting the first full month following the month after the Federal COVID-10 Public Health Emergency ends, members must be screened for exemptions at their next renewal and the two, temporary student eligibility exemptions may no longer be applied. 

Verification of Temporary Exemptions:

Workers must assist in obtaining verification when needed, provided the household is cooperating, and must accept any reasonable documentary evidence provided by the household. A student may be required to sign a specific release form provided by the school before any Free Application for Student Aid (FAFSA) information can be released by the school to the worker. If all efforts to obtain documentary evidence fail, workers must accept the member’s statement as best available information.

Verification of eligibility to participate in a work-study program may be found on the financial aid award letter provided to the student by the institution of higher education or in another letter from the institution of higher education.

Verification of an expected family contribution (EFC) of $0 may be found on a financial aid award letter, Student Aid Report (SAR), or in another letter from the institution of higher education.

In addition, all students receiving the maximum Pell grant have an EFC of $0. In the 2022-23 award year (July 1, 2022, to June 20, 2023), the maximum Pell grants are as follows:

• $6,895 per academic year for students enrolled full-time
• $5,171 per academic year for students enrolled three-quarter-time
• $3,448 per academic year for students enrolled half-time
• $1,724 per academic year for students enrolled less than half-time

Verification of the Pell grant amount may be found on the financial aid award letter and may be used as verification that a student has an EFC of $0. However, not all students with an EFC of $0 receive a Pell grant.

Exemption End Dates

Starting June 12, 2023, new FoodShare applicants will no longer qualify for FoodShare under these two temporary exemptions due to the Federal Public Health Emergency end date of May 11, 2023. The temporary exemptions will continue to be in effect for current student FoodShare members enrolled in FoodShare until their next renewal starting with renewals due in July 2023 or later.

3.15.1.5 FoodShare Basic Work Rules

A FoodShare-eligible student who meets the exemption criteria in this section is also exempt from the FoodShare basic work rules.

3.15.1.6 FoodShare Work Requirement (ABAWDs)

If an applicant or member is determined to be a FoodShare-eligible student based on the criteria in this section, the applicant or member is a non-ABAWD.

3.15.1.7 FoodShare Employment and Training (FSET)

Students enrolled in higher education at the time of the FoodShare application and then found eligible for FoodShare may request to be referred to FSET to participate in activities other than education. Activities may include job search, work experience, or self-employment. FSET cannot provide reimbursement for expenses related to education for students who self-initiate enrollment in higher education.
 

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Publication Number: P-16001