Background

In accordance with section 106.03 of the Ohio Revised Code (ORC), each state agency is required to review each of its rules in the Ohio Administrative Code a minimum of once every five years. The intent of the review is to ensure that Administrative Code rules are clearly written and that program requirements are accurate, up-to-date based on regulations from the United States Department of Agriculture Food and Nutrition Services (FNS) and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, local agencies will be given increased flexibility, and any adverse impact on businesses will be eliminated or reduced. As a result of the review, the agency may amend the rule; rescind the rule; or continue the rule without amendment.

Under current Ohio rule, a student who is enrolled at least half-time, as determined by the school, in an institution of higher education is ineligible to participate in the supplemental nutrition assistance program (SNAP) unless the individual meets a student exemption.

As a result of a management evaluation (ME) review of the State’s SNAP program, the United States Department of Agriculture, Food and Nutrition Service (FNS), is requiring the State to develop criteria to consider when determining whether a student is in an employment and training program for low-income individuals.

Amended Policy

In order to come into compliance and be released from the ME review finding from FNS, the Ohio Department of Job and Family Services (ODJFS) is amending rule 5101:4-6-04 of the Administrative Code. The amended rule now includes criteria to define what constitutes an employment and training program other than SNAP Employment &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 is at least equivalent to an acceptable SNAP E&T program component. Additionally, the JFS 7600 “Student Verification” was created and will be required to be completed by the institution of higher education and used to determine whether criteria has been met for this exemption.

This rule has been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 10/01/2023.

Chapter 6000

5101:4-6-04 "Food assistance: Student Enrolled in an Institution of Higher Education."

This rule describes the eligibility for students enrolled in institutions of higher education and student exemptions for SNAP. Changes to the rule include: 

• Paragraph (B)(11) was restructured and amended for clarity;
• New paragraph (B)(11)(c) was added to include criteria for determining whether a student is participating in an employment and training program for low-income individuals, and to require the JFS 07600 "Student Verification" to be completed by the institution of higher education;
• New paragraph (B)(11)(d) was amended to include required elements to align with federal regulations;
• Paragraph (D) was amended for clarity;
• Paragraph (E) was broken out and amended to align with federal regulations and current guidance from FNS on how to determine eligibility for students participating in a meal plan; and
• Minor language changes for clarity.