239 STUDENTS SR 00-23, 06/00 (FSM-A)

A student is an individual who attends:

• kindergarten, pre-school, or grade school;

• high school, vocational, or technical school;

• a training program, including basic education, English as a Second Language (ESL), or General Education Degree (GED) programs;

• institutional on-farm training; or

• college or university.

To be classified as a student, the individual must be attending at least half-time as defined by the institution. Individuals enrolled in a mail, self-study, or correspondence course are not considered students. In general, students, with the exception of students in higher education (see below), may receive Food Stamp benefits if all other eligibility requirements are met.

Students in Higher Education

A student in higher education is an individual who is all of the following:

• between the ages of 18 and 50 (i.e., age 18 through age 49);

• physically and mentally fit for employment; and

• enrolled at least half-time (as defined by the institution) in an institution of higher education.

In general, students enrolled at least half-time in an institution of higher education are ineligible for Food Stamp benefits unless they meet one or more of the Student Eligibility criteria in Section 239.01, Student Eligibility. Ineligible students are treated as excluded household members, and their income and resources are not counted or considered available to other household members.

An institution of higher education is:

• a business, technical, trade or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum; or

• a college or university that offers a degree program regardless of whether a high school diploma or equivalency is required.

Exception: Some colleges or schools that require a diploma or an equivalent may not require them for special programs such as English as a Second Language (ESL) or other courses that are not part of the regular curriculum. Students enrolled in such programs are not considered enrolled in institutions of higher education, but may be considered students if enrolled at least half-time.

Enrollment begins the first day of the first school term. For example, a high school senior might be accepted by a college and register for classes before graduation, but would not be considered enrolled until the first day of the college term. Once enrolled, consider the student enrolled through normal periods of class attendance, vacations, and recess, until the individual graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school). Consider a student enrolled during summer vacations unless the individual does not intend to return to school for the fall term.

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References: RSA 161:4-a,IV, 7 CFR 273.5, 7 CFR 273.11(d), 7 USC 2015(e)