(a) Student classification.  Persons enrolled at least half-time in an institution of higher education are considered students through vacation and breaks as well as normal periods of class attendance.  Persons who graduate, are expelled or suspended, dropout, or do not intend to register for the next normal school term, excluding summer school, are no longer considered students.  Student enrollment status begins on the first day of the school term of the institution of higher education.   • 1

• (1) A college or university which offers degree programs is considered an institution of higher education even when a high school diploma or equivalency certificate is not required to enroll.  A college includes a junior, community, two-year, or four-year college, or university.
  • (A) Students enrolled at least half time in the regular curriculum are considered enrolled in higher education.
  • (B) Persons enrolled at a college or university in special programs, such as courses for English as a second language, or other courses which are not part of the regular degree programs are not considered enrolled in higher education.  • 2
• (2) Business, technical, trade, or vocational schools which normally require a high school diploma or equivalency certificate for enrollment in the curriculum are also considered higher education.  • 3
• (3) Courses in business, technical, trade, or vocational schools which do not require a high school diploma or equivalency certificate for enrollment are not considered higher education.  • 4

(b) Students not subject to eligibility restrictions.  The students described in this subsection may participate in the Supplemental Nutrition Assistance Program (SNAP) if all other eligibility criteria are met.  Eligibility restrictions discussed in subsection (c) of this Section do not apply if the students are:

• (1) under age 18 or age 50 or older;
• (2) physically or mentally unfit.
  • (A) If mental or physical unfitness is claimed and the unfitness is not evident to the worker, verification may be required.
  • (B) Appropriate verification may consist of:
    • (i) receipt of temporary or permanent disability benefits issued by governmental or private sources;
    • (ii) participation in a state vocational rehabilitation (VR) program; or
    • (iii) a statement from a physician or licensed or certified psychologist;
• (3) attending high school;
• (4) participating in an on-the-job training (OJT) program.  Students are considered participating in OJT programs only during the period of time the students are being trained by the employer;
• (5) attending an institution of higher education less than half-time; or
• (6) enrolled half-time or more in schools and training programs which are not institutions of higher education.

(c) Eligibility restrictions for students.

• (1) Persons between the ages of 18 and 50 who are physically and mentally fit and are enrolled at least half-time in an institution of higher education may participate in the SNAP only if:
  • (A) employed for an average of 20 hours per week or 80 hours per month and paid for that employment. Earning wages equal to the federal minimum wage times 20 is not a substitute for this restriction; • 5
  • (B) self-employed for an average of 20 hours per week or 80 hours per month and receives weekly earnings at least equal to the federal minimum wage times 20;
  • (C) participating in a state or federally financed work study program during the regular school year.
    • (i) To qualify under this provision, the students must be approved for work study at the time of application for food benefits.
      • (I) The work study must be approved for the school term and the students must anticipate actually working during the school term.
      • (II) The exemption begins with the month the school term begins or the month work study is approved, whichever is later.
      • (III) Once begun the exemption continues until the end of the month the school term ends, or it becomes known the students have refused an assignment.
    • (ii) The exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in a work study program during the break;
  • (D) responsible for the care of a dependent household member under the age of six;  • 6
  • (E) responsible for the care of a dependent household member six through 11 years of age when the worker determines that adequate child care is not available to enable the student to attend class and work an average of 20 hours per week or participate in a state or federally financed work study program.  The reasons for lack of adequate child care include, but are not limited to, location of the nearest child care facility or availability of funds to pay child care expenses.  Determination of availability of adequate child care is made on a case-by-case basis;  • 7
  • (F) single parents enrolled in an institution of higher education on a full‑time basis as determined by the institution and responsible for the care of a dependent child under age 12, regardless of the availability of child care.
    • (i) This provision applies in those situations where only one natural, adoptive, or stepparent regardless of marital status is in the same food benefit household as the child.
    • (ii) If no natural, adoptive, or stepparent is in the same food benefit household as the child, another full-time student in the same food benefit household as the child may qualify for eligible student status under this provision if he or she has parental control over the child and is not living with his or her spouse;
  • (G) Temporary Assistance for Needy Families (TANF) recipients; or
  • (H) assigned to or placed in an institution of higher education through:
    • (i) the Workforce Investment Act (WIA) Program;
    • (ii) a food benefit employment and training program;
    • (iii) the Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act;
    • (iv) a program under Section 236 of the Trade Act of 1974 currently known as The Trade Adjustment Assistance Program and administered by the Oklahoma Employment Security Commission; or
    • (v) a state or local employment or training program, as determined appropriate by the United States Department of Agriculture, Food and Nutrition Service (FNS).
• (2) Only one person may be considered as responsible for a dependent child.  The caretaker need not be the person providing for the child's support.