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Students enrolled at least half-time in a training program,
school, community college, or similar program.⁶⁵ Longstanding USDA policy
provides that the meaning of "half-time enrollment" must be determined with
reference to each particular program;⁶⁶ USDA has no general rule about the
number of class hours required to be considered a half-time student. In many
schools and courses of study, one can be a half-time student while being in class
for substantially less than 20 hours per week. Any recipient attending class at least
half-time is exempt without regard to whether or not that enrollment comes to 20
hours per week. The exemption for students continues through breaks between
terms and summer recesses unless the student graduates or otherwise cannot be
expected to return for the next normal school term.⁶⁷ As is discussed more fully
below,6⁸ when a state chooses to provide education or training positions to
persons who might otherwise be subject to the time limits, it often will be easier to
qualify them for this exemption than to assure them of the chance to participate for
an average of 20 hours per week.
Workers hired to work 30 hours per week.69 This exemption applies as
soon as the recipient is employed in a job that entails 30 hours of work per week;
he or she need not have already completed any particular number of hours of work
before the exemption applies. This particular exemption will have practical
relevance in two circumstances. First, suppose a recipient is hired for a 30-hour-
per-week job too late in a month for the recipient actually to work 20 hours per
week averaged over the course of the month. Because the individual has been
hired for a 30-hour-a-week job, this exemption applies and will prevent the
recipient's food stamps for the month from counting toward the time limits.⁷⁰
Second, when an individual has exhausted his or her initial three months of
7 C.F.R. § 273.7(f)(1)(iv). Food stamp E&T also will reimburse "activities to improve basic skills or otherwise
improve employability." 7 C.F.R. § 273.7(f)(1)(vi).
657 U.S.C. § 2015(o)(3)(C), as added by Pub. L. 104-193, § 824(a) (incorporating by reference the exemptions
from food stamp work registration); 7 U.S.C. § 2015(d)(2)(C) (work registration exemption for "a bona fide
student enrolled at least half time in any recognized school, training program, or institution of higher education").
⁶⁶Food and Nutrition Service, USDA, Food Stamp Program Policy Memo 90-2 (November 17, 1989).
677 C.F.R. § 273.7(b)(1)(viii).
⁶⁸See section VI(B)(2) below.
697 U.S.C. § 2015(o)(3)(C), as added by Pub. L. 104-193, § 824(a) (incorporating by reference the exemptions
from food stamp work registration); 7 U.S.C. § 2015(d)(2)(E) (work registration exemption for persons "employed
a minimum of thirty hours per week").
⁷⁰For example, a woman hired to work 35 hours per week beginning on the fifteenth day of the month would be
exempt for that month even though she would only have worked about 70 hours in the month, which is less than an
average of 20 hours per week.
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