42 U.S.C. § 1758 : US Code - Section 1758: Program requirements

Search 42 U.S.C. § 1758 : US Code - Section 1758: Program requirements

(a) Nutritional requirements
(1)(A) Lunches served by schools participating in the school
lunch program under this chapter shall meet minimum nutritional
requirements prescribed by the Secretary on the basis of tested
nutritional research, except that the minimum nutritional
requirements -
(i) shall not be construed to prohibit the substitution of
foods to accommodate the medical or other special dietary needs
of individual students; and
(ii) shall, at a minimum, be based on the weekly average of the
nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and
training, including technical assistance and training in the
preparation of lower-fat versions of foods commonly used in the
school lunch program under this chapter, to schools participating
in the school lunch program to assist the schools in complying with
the nutritional requirements prescribed by the Secretary pursuant
to subparagraph (A) and in providing appropriate meals to children
with medically certified special dietary needs. The Secretary shall
provide additional technical assistance to schools that are having
difficulty maintaining compliance with the requirements.
(2) Fluid milk. -
(A) In general. - Lunches served by schools participating in
the school lunch program under this chapter -
(i) shall offer students fluid milk in a variety of fat
contents;
(ii) may offer students flavored and unflavored fluid milk
and lactose-free fluid milk; and
(iii) shall provide a substitute for fluid milk for students
whose disability restricts their diet, on receipt of a written
statement from a licensed physician that identifies the
disability that restricts the student's diet and that specifies
the substitute for fluid milk.
(B) Substitutes. -
(i) Standards for substitution. - A school may substitute for
the fluid milk provided under subparagraph (A), a nondairy
beverage that is nutritionally equivalent to fluid milk and
meets nutritional standards established by the Secretary (which
shall, among other requirements to be determined by the
Secretary, include fortification of calcium, protein, vitamin
A, and vitamin D to levels found in cow's milk) for students
who cannot consume fluid milk because of a medical or other
special dietary need other than a disability described in
subparagraph (A)(iii).
(ii) Notice. - The substitutions may be made if the school
notifies the State agency that the school is implementing a
variation allowed under this subparagraph, and if the
substitution is requested by written statement of a medical
authority or by a student's parent or legal guardian that
identifies the medical or other special dietary need that
restricts the student's diet, except that the school shall not
be required to provide beverages other than beverages the
school has identified as acceptable substitutes.
(iii) Excess expenses borne by school food authority. -
Expenses incurred in providing substitutions under this
subparagraph that are in excess of expenses covered by
reimbursements under this chapter shall be paid by the school
food authority.
(C) Restrictions on sale of milk prohibited. - A school that
participates in the school lunch program under this chapter shall
not directly or indirectly restrict the sale or marketing of
fluid milk products by the school (or by a person approved by the
school) at any time or any place -
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the
school lunch program under this chapter (and, when approved by the
local school district or nonprofit private schools, students in any
other grade level) shall not be required to accept offered foods
they do not intend to consume, and any such failure to accept
offered foods shall not affect the full charge to the student for a
lunch meeting the requirements of this subsection or the amount of
payments made under this chapter to any such school for such lunch.
(4) Provision of information. -
(A) Guidance. - Prior to the beginning of the school year
beginning July 2004, the Secretary shall issue guidance to States
and school food authorities to increase the consumption of foods
and food ingredients that are recommended for increased serving
consumption in the most recent Dietary Guidelines for Americans
published under section 5341 of title 7.
(B) Rules. - Not later than 2 years after June 30, 2004, the
Secretary shall promulgate rules, based on the most recent
Dietary Guidelines for Americans, that reflect specific
recommendations, expressed in serving recommendations, for
increased consumption of foods and food ingredients offered in
school nutrition programs under this chapter and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b) Eligibility
(1)(A) Not later than June 1 of each fiscal year, the Secretary
shall prescribe income guidelines for determining eligibility for
free and reduced price lunches during the 12-month period beginning
July 1 of such fiscal year and ending June 30 of the following
fiscal year. The income guidelines for determining eligibility for
free lunches shall be 130 percent of the applicable family size
income levels contained in the nonfarm income poverty guidelines
prescribed by the Office of Management and Budget, as adjusted
annually in accordance with subparagraph (B). The income guidelines
for determining eligibility for reduced price lunches for any
school year shall be 185 percent of the applicable family size
income levels contained in the nonfarm income poverty guidelines
prescribed by the Office of Management and Budget, as adjusted
annually in accordance with subparagraph (B). The Office of
Management and Budget guidelines shall be revised at annual
intervals, or at any shorter interval deemed feasible and
desirable.
(B) The revision required by subparagraph (A) of this paragraph
shall be made by multiplying -
(i) the official poverty line (as defined by the Office of
Management and Budget); by
(ii) the percentage change in the Consumer Price Index during
the annual or other interval immediately preceding the time at
which the adjustment is made.
Revisions under this subparagraph shall be made not more than 30
days after the date on which the consumer price index data required
to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under
paragraph (1) of this subsection of the income eligibility
guidelines for each school year, each State educational agency
shall announce the income eligibility guidelines, by family size,
to be used by schools in the State in making determinations of
eligibility for free and reduced price lunches. Local school
authorities shall, each year, publicly announce the income
eligibility guidelines for free and reduced price lunches on or
before the opening of school.
(B) Applications and descriptive material. -
(i) In general. - Applications for free and reduced price
lunches, in such form as the Secretary may prescribe or approve,
and any descriptive material, shall be distributed to the parents
or guardians of children in attendance at the school, and shall
contain only the family size income levels for reduced price meal
eligibility with the explanation that households with incomes
less than or equal to these values would be eligible for free or
reduced price lunches.
(ii) Income eligibility guidelines. - Forms and descriptive
material distributed in accordance with clause (i) may not
contain the income eligibility guidelines for free lunches.
(iii) Contents of descriptive material. -
(I) In general. - Descriptive material distributed in
accordance with clause (i) shall contain a notification that -
(aa) participants in the programs listed in subclause (II)
may be eligible for free or reduced price meals; and
(bb) documentation may be requested for verification of
eligibility for free or reduced price meals.
(II) Programs. - The programs referred to in subclause
(I)(aa) are -
(aa) the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
(bb) the food stamp program established under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
(cc) the food distribution program on Indian reservations
established under section 4(b) of the Food Stamp Act of 1977
(7 U.S.C. 2013(b)); and
(dd) a State program funded under the program of block
grants to States for temporary assistance for needy families
established under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(3) Household applications. -
(A) Definition of household application. - In this paragraph,
the term "household application" means an application for a child
of a household to receive free or reduced price school lunches
under this chapter, or free or reduced price school breakfasts
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
for which an eligibility determination is made other than under
paragraph (4) or (5).
(B) Eligibility determination. -
(i) In general. - An eligibility determination shall be made
on the basis of a complete household application executed by an
adult member of the household or in accordance with guidance
issued by the Secretary.
(ii) Electronic signatures and applications. - A household
application may be executed using an electronic signature if -
(I) the application is submitted electronically; and
(II) the electronic application filing system meets
confidentiality standards established by the Secretary.
(C) Children in household. -
(i) In general. - The household application shall identify
the names of each child in the household for whom meal benefits
are requested.
(ii) Separate applications. - A State educational agency or
local educational agency may not request a separate application
for each child in the household that attends schools under the
same local educational agency.
(D) Verification of sample. -
(i) Definitions. - In this subparagraph:
(I) Error prone application. - The term "error prone
application" means an approved household application that -
(aa) indicates monthly income that is within $100, or an
annual income that is within $1,200, of the income
eligibility limitation for free or reduced price meals; or
(bb) in lieu of the criteria established under item (aa),
meets criteria established by the Secretary.
(II) Non-response rate. - The term "non-response rate"
means (in accordance with guidelines established by the
Secretary) the percentage of approved household applications
for which verification information has not been obtained by a
local educational agency after attempted verification under
subparagraphs (F) and (G).
(ii) Verification of sample. - Each school year, a local
educational agency shall verify eligibility of the children in
a sample of household applications approved for the school year
by the local educational agency, as determined by the Secretary
in accordance with this subsection.
(iii) Sample size. - Except as otherwise provided in this
paragraph, the sample for a local educational agency for a
school year shall equal the lesser of -
(I) 3 percent of all applications approved by the local
educational agency for the school year, as of October 1 of
the school year, selected from error prone applications; or
(II) 3,000 error prone applications approved by the local
educational agency for the school year, as of October 1 of
the school year.
(iv) Alternative sample size. -
(I) In general. - If the conditions described in subclause
(IV) are met, the verification sample size for a local
educational agency shall be the sample size described in
subclause (II) or (III), as determined by the local
educational agency.
(II) 3,000/3 percent option. - The sample size described in
this subclause shall be the lesser of 3,000, or 3 percent of,
applications selected at random from applications approved by
the local educational agency for the school year, as of
October 1 of the school year.
(III) 1,000/1 percent plus option. -
(aa) In general. - The sample size described in this
subclause shall be the sum of -
(AA) the lesser of 1,000, or 1 percent of, all
applications approved by the local educational agency for
the school year, as of October 1 of the school year,
selected from error prone applications; and
(BB) the lesser of 500, or 1/2 of 1 percent of,
applications approved by the local educational agency for
the school year, as of October 1 of the school year, that
provide a case number (in lieu of income information)
showing participation in a program described in item (bb)
selected from those approved applications that provide a
case number (in lieu of income information) verifying the
participation.
(bb) Programs. - The programs described in this item are -

(AA) the food stamp program established under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
(BB) the food distribution program on Indian
reservations established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b)); and
(CC) a State program funded under the program of block
grants to States for temporary assistance for needy
families established under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that the
Secretary determines complies with standards established
by the Secretary that ensure that the standards under the
State program are comparable to or more restrictive than
those in effect on June 1, 1995.
(IV) Conditions. - The conditions referred to in subclause
(I) shall be met for a local educational agency for a school
year if -
(aa) the nonresponse rate for the local educational
agency for the preceding school year is less than 20
percent; or
(bb) the local educational agency has more than 20,000
children approved by application by the local educational
agency as eligible for free or reduced price meals for the
school year, as of October 1 of the school year, and -
(AA) the nonresponse rate for the preceding school year
is at least 10 percent below the nonresponse rate for the
second preceding school year; or
(BB) in the case of the school year beginning July
2005, the local educational agency attempts to verify all
approved household applications selected for verification
through use of public agency records from at least 2 of
the programs or sources of information described in
subparagraph (F)(i).
(v) Additional selected applications. - A sample for a local
educational agency for a school year under clauses (iii) and
(iv)(III)(AA) shall include the number of additional randomly
selected approved household applications that are required to
comply with the sample size requirements in those clauses.
(E) Preliminary review. -
(i) Review for accuracy. -
(I) In general. - Prior to conducting any other
verification activity for approved household applications
selected for verification, the local educational agency shall
ensure that the initial eligibility determination for each
approved household application is reviewed for accuracy by an
individual other than the individual making the initial
eligibility determination, unless otherwise determined by the
Secretary.
(II) Waiver. - The requirements of subclause (I) shall be
waived for a local educational agency if the local
educational agency is using a technology-based solution that
demonstrates a high level of accuracy, to the satisfaction of
the Secretary, in processing an initial eligibility
determination in accordance with the income eligibility
guidelines of the school lunch program.
(ii) Correct eligibility determination. - If the review
indicates that the initial eligibility determination is
correct, the local educational agency shall verify the approved
household application.
(iii) Incorrect eligibility determination. - If the review
indicates that the initial eligibility determination is
incorrect, the local educational agency shall (as determined by
the Secretary) -
(I) correct the eligibility status of the household;
(II) notify the household of the change;
(III) in any case in which the review indicates that the
household is not eligible for free or reduced-price meals,
notify the household of the reason for the ineligibility and
that the household may reapply with income documentation for
free or reduced-price meals; and
(IV) in any case in which the review indicates that the
household is eligible for free or reduced-price meals, verify
the approved household application.
(F) Direct verification. -
(i) In general. - Subject to clauses (ii) and (iii), to
verify eligibility for free or reduced price meals for approved
household applications selected for verification, the local
educational agency may (in accordance with criteria established
by the Secretary) first obtain and use income and program
participation information from a public agency administering -
(I) the food stamp program established under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.);
(II) the food distribution program on Indian reservations
established under section 4(b) of the Food Stamp Act of 1977
(7 U.S.C. 2013(b));
(III) the temporary assistance for needy families program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
(IV) the State medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.); or
(V) a similar income-tested program or other source of
information, as determined by the Secretary.
(ii) Free meals. - Public agency records that may be obtained
and used under clause (i) to verify eligibility for free meals
for approved household applications selected for verification
shall include the most recent available information (other than
information reflecting program participation or income before
the 180-day period ending on the date of application for free
meals) that is relied on to administer -
(I) a program or source of information described in clause
(i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) in -
(aa) a State in which the income eligibility limit
applied under section 1902(l)(2)(C) of that Act (42 U.S.C.
1396a(l)(2)(C)) is not more than 133 percent of the
official poverty line described in section 1902(l)(2)(A) of
that Act (42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies households that
have income that is not more than 133 percent of the
official poverty line described in section 1902(l)(2)(A) of
that Act (42 U.S.C. 1396a(l)(2)(A)).
(iii) Reduced price meals. - Public agency records that may
be obtained and used under clause (i) to verify eligibility for
reduced price meals for approved household applications
selected for verification shall include the most recent
available information (other than information reflecting
program participation or income before the 180-day period
ending on the date of application for reduced price meals) that
is relied on to administer -
(I) a program or source of information described in clause
(i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) in -
(aa) a State in which the income eligibility limit
applied under section 1902(l)(2)(C) of that Act (42 U.S.C.
1396a(l)(2)(C)) is not more than 185 percent of the
official poverty line described in section 1902(l)(2)(A) of
that Act (42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies households that
have income that is not more than 185 percent of the
official poverty line described in section 1902(l)(2)(A) of
that Act (42 U.S.C. 1396a(l)(2)(A)).
(iv) Evaluation. - Not later than 3 years after June 30,
2004, the Secretary shall complete an evaluation of -
(I) the effectiveness of direct verification carried out
under this subparagraph in decreasing the portion of the
verification sample that must be verified under subparagraph
(G) while ensuring that adequate verification information is
obtained; and
(II) the feasibility of direct verification by State
agencies and local educational agencies.
(v) Expanded use of direct verification. - If the Secretary
determines that direct verification significantly decreases the
portion of the verification sample that must be verified under
subparagraph (G), while ensuring that adequate verification
information is obtained, and can be conducted by most State
agencies and local educational agencies, the Secretary may
require a State agency or local educational agency to implement
direct verification through 1 or more of the programs described
in clause (i), as determined by the Secretary, unless the State
agency or local educational agency demonstrates (under criteria
established by the Secretary) that the State agency or local
educational agency lacks the capacity to conduct, or is unable
to implement, direct verification.
(G) Household verification. -
(i) In general. - If an approved household application is not
verified through the use of public agency records, a local
educational agency shall provide to the household written
notice that -
(I) the approved household application has been selected
for verification; and
(II) the household is required to submit verification
information to confirm eligibility for free or reduced price
meals.
(ii) Phone number. - The written notice in clause (i) shall
include a toll-free phone number that parents and legal
guardians in households selected for verification can call for
assistance with the verification process.
(iii) Followup activities. - If a household does not respond
to a verification request, a local educational agency shall
make at least 1 attempt to obtain the necessary verification
from the household in accordance with guidelines and
regulations promulgated by the Secretary.
(iv) Contract authority for school food authorities. - A
local educational agency may contract (under standards
established by the Secretary) with a third party to assist the
local educational agency in carrying out clause (iii).
(H) Verification deadline. -
(i) General deadline. -
(I) In general. - Subject to subclause (II), not later than
November 15 of each school year, a local educational agency
shall complete the verification activities required for the
school year (including followup activities).
(II) Extension. - Under criteria established by the
Secretary, a State may extend the deadline established under
subclause (I) for a school year for a local educational
agency to December 15 of the school year.
(ii) Eligibility changes. - Based on the verification
activities, the local educational agency shall make appropriate
modifications to the eligibility determinations made for
household applications in accordance with criteria established
by the Secretary.
(I) Local conditions. - In the case of a natural disaster,
civil disorder, strike, or other local condition (as determined
by the Secretary), the Secretary may substitute alternatives for -

(i) the sample size and sample selection criteria established
under subparagraph (D); and
(ii) the verification deadline established under subparagraph
(H).
(J) Individual review. - In accordance with criteria
established by the Secretary, the local educational agency may,
on individual review -
(i) decline to verify no more than 5 percent of approved
household applications selected under subparagraph (D); and
(ii) replace the approved household applications with other
approved household applications to be verified.
(K) Feasibility study. -
(i) In general. - The Secretary shall conduct a study of the
feasibility of using computer technology (including data
mining) to reduce -
(I) overcertification errors in the school lunch program
under this chapter;
(II) waste, fraud, and abuse in connection with this
paragraph; and
(III) errors, waste, fraud, and abuse in other nutrition
programs, as determined to be appropriate by the Secretary.
(ii) Report. - Not later than 180 days after June 30, 2004,
the Secretary shall submit to the Committee on Education and
the Workforce of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
describing -
(I) the results of the feasibility study conducted under
this subsection;
(II) how a computer system using technology described in
clause (i) could be implemented;
(III) a plan for implementation; and
(IV) proposed legislation, if necessary, to implement the
system.
(4) Direct certification for children in food stamp households. -

(A) In general. - Subject to subparagraph (D), each State
agency shall enter into an agreement with the State agency
conducting eligibility determinations for the food stamp program
established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.).
(B) Procedures. - Subject to paragraph (6), the agreement shall
establish procedures under which a child who is a member of a
household receiving assistance under the food stamp program shall
be certified as eligible for free lunches under this chapter and
free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application.
(C) Certification. - Subject to paragraph (6), under the
agreement, the local educational agency conducting eligibility
determinations for a school lunch program under this chapter and
a school breakfast program under the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) shall certify a child who is a member of
a household receiving assistance under the food stamp program as
eligible for free lunches under this chapter and free breakfasts
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application.
(D) Applicability. - This paragraph applies to -
(i) in the case of the school year beginning July 2006, a
school district that had an enrollment of 25,000 students or
more in the preceding school year;
(ii) in the case of the school year beginning July 2007, a
school district that had an enrollment of 10,000 students or
more in the preceding school year; and
(iii) in the case of the school year beginning July 2008 and
each subsequent school year, each local educational agency.
(5) Discretionary certification. -
(A) In general. - Subject to paragraph (6), any local
educational agency may certify any child as eligible for free
lunches or breakfasts, without further application, by directly
communicating with the appropriate State or local agency to
obtain documentation of the status of the child as -
(i) a member of a family that is receiving assistance under
the temporary assistance for needy families program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995;
(ii) a homeless child or youth (defined as 1 of the
individuals described in section 11434a(2) of this title; (!1)
(iii) served by the runaway and homeless youth grant program
established under the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.); or
(iv) a migratory child (as defined in section 6399 of title
20).
(B) Children of households receiving food stamps. - Subject to
paragraph (6), any local educational agency may certify any child
as eligible for free lunches or breakfasts, without further
application, by directly communicating with the appropriate State
or local agency to obtain documentation of the status of the
child as a member of a household that is receiving food stamps
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(6) Use or disclosure of information. -
(A) In general. - The use or disclosure of any information
obtained from an application for free or reduced price meals, or
from a State or local agency referred to in paragraph (3)(F),
(4), or (5), shall be limited to -
(i) a person directly connected with the administration or
enforcement of this chapter or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) (including a regulation promulgated
under either this chapter or that Act);
(ii) a person directly connected with the administration or
enforcement of -
(I) a Federal education program;
(II) a State health or education program administered by
the State or local educational agency (other than a program
carried out under title XIX or XXI of the Social Security Act
(42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.)); or
(III) a Federal, State, or local means-tested nutrition
program with eligibility standards comparable to the school
lunch program under this chapter;
(iii)(I) the Comptroller General of the United States for
audit and examination authorized by any other provision of law;
and
(II) notwithstanding any other provision of law, a Federal,
State, or local law enforcement official for the purpose of
investigating an alleged violation of any program covered by
this paragraph or paragraph (3)(F), (4), or (5);
(iv) a person directly connected with the administration of
the State medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) or the State children's
health insurance program under title XXI of that Act (42 U.S.C.
1397aa et seq.) solely for the purposes of -
(I) identifying children eligible for benefits under, and
enrolling children in, those programs, except that this
subclause shall apply only to the extent that the State and
the local educational agency or school food authority so
elect; and
(II) verifying the eligibility of children for programs
under this chapter or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(v) a third party contractor described in paragraph
(3)(G)(iv).
(B) Limitation on information provided. - Information provided
under clause (ii) or (v) of subparagraph (A) shall be limited to
the income eligibility status of the child for whom application
for free or reduced price meal benefits is made or for whom
eligibility information is provided under paragraph (3)(F), (4),
or (5), unless the consent of the parent or guardian of the child
for whom application for benefits was made is obtained.
(C) Criminal penalty. - A person described in subparagraph (A)
who publishes, divulges, discloses, or makes known in any manner,
or to any extent not authorized by Federal law (including a
regulation), any information obtained under this subsection shall
be fined not more than $1,000 or imprisoned not more than 1 year,
or both.
(D) Requirements for waiver of confidentiality. - A State that
elects to exercise the option described in subparagraph
(A)(iv)(I) shall ensure that any local educational agency or
school food authority acting in accordance with that option -
(i) has a written agreement with 1 or more State or local
agencies administering health programs for children under
titles XIX and XXI of the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.) that requires the health agencies
to use the information obtained under subparagraph (A) to seek
to enroll children in those health programs; and
(ii)(I) notifies each household, the information of which
shall be disclosed under subparagraph (A), that the information
disclosed will be used only to enroll children in health
programs referred to in subparagraph (A)(iv); and
(II) provides each parent or guardian of a child in the
household with an opportunity to elect not to have the
information disclosed.
(E) Use of disclosed information. - A person to which
information is disclosed under subparagraph (A)(iv)(I) shall use
or disclose the information only as necessary for the purpose of
enrolling children in health programs referred to in subparagraph
(A)(iv).
(7) Free and reduced price policy statement. -
(A) In general. - After the initial submission, a local
educational agency shall not be required to submit a free and
reduced price policy statement to a State educational agency
under this chapter unless there is a substantive change in the
free and reduced price policy of the local educational agency.
(B) Routine change. - A routine change in the policy of a local
educational agency (such as an annual adjustment of the income
eligibility guidelines for free and reduced price meals) shall
not be sufficient cause for requiring the local educational
agency to submit a policy statement.
(8) Communications. -
(A) In general. - Any communication with a household under this
subsection or subsection (d) of this section shall be in an
understandable and uniform format and, to the maximum extent
practicable, in a language that parents and legal guardians can
understand.
(B) Electronic availability. - In addition to the distribution
of applications and descriptive material in paper form as
provided for in this paragraph, the applications and material may
be made available electronically via the Internet.
(9) Eligibility for free and reduced price lunches. -
(A) Free lunches. - Any child who is a member of a household
whose income, at the time the application is submitted, is at an
annual rate which does not exceed the applicable family size
income level of the income eligibility guidelines for free
lunches, as determined under paragraph (1), shall be served a
free lunch.
(B) Reduced price lunches. -
(i) In general. - Any child who is a member of a household
whose income, at the time the application is submitted, is at
an annual rate greater than the applicable family size income
level of the income eligibility guidelines for free lunches, as
determined under paragraph (1), but less than or equal to the
applicable family size income level of the income eligibility
guidelines for reduced price lunches, as determined under
paragraph (1), shall be served a reduced price lunch.
(ii) Maximum price. - The price charged for a reduced price
lunch shall not exceed 40 cents.
(C) Duration. - Except as otherwise specified in paragraph
(3)(E), (3)(H)(ii), and section 1759a(a) of this title,
eligibility for free or reduced price meals for any school year
shall remain in effect -
(i) beginning on the date of eligibility approval for the
current school year; and
(ii) ending on a date during the subsequent school year
determined by the Secretary.
(10) No physical segregation of or other discrimination against
any child eligible for a free lunch or a reduced price lunch under
this subsection shall be made by the school nor shall there by (!2)
any overt identification of any child by special tokens or tickets,
announced or published lists of names, or by other means.
(11) Any child who has a parent or guardian who (A) is
responsible for the principal support of such child and (B) is
unemployed shall be served a free or reduced price lunch,
respectively, during any period (i) in which such child's parent or
guardian continues to be unemployed and (ii) the income of the
child's parents or guardians during such period of unemployment
falls within the income eligibility criteria for free lunches or
reduced price lunches, respectively, based on the current rate of
income of such parents or guardians. Local educational agencies
shall publicly announce that such children are eligible for a free
or reduced price lunch, and shall make determinations with respect
to the status of any parent or guardian of any child under clauses
(A) and (B) of the preceding sentence on the basis of a statement
executed in such form as the Secretary may prescribe by such parent
or guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch under
this paragraph shall be made by the school nor shall there be any
overt identification of any such child by special tokens or
tickets, announced or published lists of names, or by any other
means.
(12)(A) A child shall be considered automatically eligible for a
free lunch and breakfast under this chapter and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further
application or eligibility determination, if the child is -
(i) a member of a household receiving assistance under the food
stamp program authorized under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.)) that the Secretary determines complies with standards
established by the Secretary that ensure that the standards under
the State program are comparable to or more restrictive than
those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on
the basis of a determination that the child is a member of a
family that meets the low-income criteria prescribed under
section 645(a)(1)(A) of the Head Start Act (42 U.S.C.
9840(a)(1)(A));
(iv) a homeless child or youth (defined as 1 of the individuals
described in section 11434a(2) of this title; (!3)
(v) served by the runaway and homeless youth grant program
established under the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.); or
(vi) a migratory child (as defined in section 6399 of title
20).
(B) Proof of receipt of food stamps or assistance under the State
program funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995, or of enrollment
or participation in a Head Start program on the basis described in
subparagraph (A)(iii), shall be sufficient to satisfy any
verification requirement imposed under this subsection.
(13) Exclusion of certain military housing allowances. - The
amount of a basic allowance provided under section 403 of title 37
on behalf of a member of a uniformed service for housing that is
acquired or constructed under subchapter IV of chapter 169 of title
10, or any related provision of law, shall not be considered to be
income for the purpose of determining the eligibility of a child
who is a member of the household of the member of a uniformed
service for free or reduced price lunches under this chapter.
(c) Operation on nonprofit basis; donation of agricultural
commodities
School lunch programs under this chapter shall be operated on a
nonprofit basis. Commodities purchased under the authority of
section 612c of title 7, may be donated by the Secretary to
schools, in accordance with the needs as determined by local school
authorities, for utilization in the school lunch program under this
chapter as well as to other schools carrying out nonprofit school
lunch programs and institutions authorized to receive such
commodities. The requirements of this section relating to the
service of meals without cost or at a reduced cost shall apply to
the lunch program of any school utilizing commodities donated under
any provision of law.
(d) Social Security numbers and other documentation required as
condition of eligibility
(1) The Secretary shall require as a condition of eligibility for
receipt of free or reduced price lunches that the member of the
household who executes the application furnish the social security
account number of the parent or guardian who is the primary wage
earner responsible for the care of the child for whom the
application is made, or that of another appropriate adult member of
the child's household, as determined by the Secretary. The
Secretary shall require that social security account numbers of all
adult members of the household be provided if verification of the
data contained in the application is sought under subsection
(b)(3)(G) of this section.
(2) No member of a household may be provided a free or reduced
price lunch under this chapter unless -
(A) appropriate documentation relating to the income of such
household (as prescribed by the Secretary) has been provided to
the appropriate local educational agency so that the local
educational agency may calculate the total income of such
household;
(B) documentation showing that the household is participating
in the food stamp program under the Food Stamp Act of 1977 [7
U.S.C. 2011 et seq.] has been provided to the appropriate local
educational agency;
(C) documentation has been provided to the appropriate local
educational agency showing that the family is receiving
assistance under the State program funded under part A of title
IV of the Social Security Act [42 U.S.C. 601 et seq.] that the
Secretary determines complies with standards established by the
Secretary that ensure that the standards under the State program
are comparable to or more restrictive than those in effect on
June 1, 1995;
(D) documentation has been provided to the appropriate local
educational agency showing that the child meets the criteria
specified in clauses (iv) or (v) of subsection (b)(12)(A) of this
section; or
(E) documentation has been provided to the appropriate local
educational agency showing the status of the child as a migratory
child (as defined in section 6399 of title 20).
(e) Limitation on meal contracting
A school or school food authority participating in a program
under this chapter may not contract with a food service company to
provide a la carte food service unless the company agrees to offer
free, reduced price, and full-price reimbursable meals to all
eligible children.
(f) Adherence to Dietary Guidelines
(1) Nutritional requirements. - Except as provided in paragraph
(2), not later than the first day of the 1996-1997 school year,
schools that are participating in the school lunch or school
breakfast program shall serve lunches and breakfasts under the
program that -
(A) are consistent with the goals of the most recent Dietary
Guidelines for Americans published under section 5341 of title 7;
and
(B) provide, on the average over each week, at least -
(i) with respect to school lunches, 1/3 of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences; and
(ii) with respect to school breakfasts, 1/4 of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences.
(2) State educational agencies may grant waivers from the
requirements of paragraph (1) subject to criteria established by
the appropriate State educational agency. The waivers shall not
permit schools to implement the requirements later than July 1,
1998, or a later date determined by the Secretary.
(3) To assist schools in meeting the requirements of this
subsection, the Secretary -
(A) shall -
(i) develop, and provide to schools, standardized recipes,
menu cycles, and food product specification and preparation
techniques; and
(ii) provide to schools information regarding nutrient
standard menu planning, assisted nutrient standard menu
planning, and food-based menu systems; and
(B) may provide to schools information regarding other
approaches, as determined by the Secretary.
(4) Use of any reasonable approach. -
(A) In general. - A school food service authority may use any
reasonable approach, within guidelines established by the
Secretary in a timely manner, to meet the requirements of this
subsection, including -
(i) using the school nutrition meal pattern in effect for the
1994-1995 school year; and
(ii) using any of the approaches described in paragraph (3).
(B) Nutrient analysis. - The Secretary may not require a school
to conduct or use a nutrient analysis to meet the requirements of
this subsection.
(5) Waiver of requirement for weighted averages for nutrient
analysis. - During the period ending on September 30, 2009, the
Secretary shall not require the use of weighted averages for
nutrient analysis of menu items and foods offered or served as part
of a meal offered or served under the school lunch program under
this chapter or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
(g) Justification of production records; paperwork reduction
Not later than 1 year after November 2, 1994, the Secretary shall
provide a notification to Congress that justifies the need for
production records required under section 210.10(b) of title 7,
Code of Federal Regulations, and describes how the Secretary has
reduced paperwork relating to the school lunch and school breakfast
programs.
(h) Food safety
(1) In general
A school participating in the school lunch program under this
chapter or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) shall -
(A) at least twice during each school year, obtain a food
safety inspection conducted by a State or local governmental
agency responsible for food safety inspections;
(B) post in a publicly visible location a report on the most
recent inspection conducted under subparagraph (A); and
(C) on request, provide a copy of the report to a member of
the public.
(2) State and local government inspections
Nothing in paragraph (1) prevents any State or local government
from adopting or enforcing any requirement for more frequent food
safety inspections of schools.
(3) Audits and reports by States
For each of fiscal years 2006 through 2009, each State shall
annually -
(A) audit food safety inspections of schools conducted under
paragraphs (1) and (2); and
(B) submit to the Secretary a report of the results of the
audit.
(4) Audit by the Secretary
For each of fiscal years 2006 through 2009, the Secretary shall
annually audit State reports of food safety inspections of
schools submitted under paragraph (3).
(5) School food safety program
Each school food authority shall implement a school food safety
program, in the preparation and service of each meal served to
children, that complies with any hazard analysis and critical
control point system established by the Secretary.
(i) Single permanent agreement between State agency and school food
authority; common claims form
(1) In general
If a single State agency administers any combination of the
school lunch program under this chapter, the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the summer food service program for children under
section 1761 of this title, or the child and adult care food
program under section 1766 of this title, the agency shall -
(A) require each school food authority to submit to the State
agency a single agreement with respect to the operation by the
authority of the programs administered by the State agency; and
(B) use a common claims form with respect to meals and
supplements served under the programs administered by the State
agency.
(2) Additional requirement
The agreement described in paragraph (1)(A) shall be a
permanent agreement that may be amended as necessary.
(j) Purchases of locally produced foods
(1) In general
The Secretary shall -
(A) encourage institutions participating in the school lunch
program under this chapter and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) to purchase, in addition to other food purchases,
locally produced foods for school meal programs, to the maximum
extent practicable and appropriate;
(B) advise institutions participating in a program described
in subparagraph (A) of the policy described in that
subparagraph and post information concerning the policy on the
website maintained by the Secretary; and
(C) in accordance with requirements established by the
Secretary, provide startup grants to not more than 200
institutions to defray the initial costs of equipment,
materials, and storage facilities, and similar costs, incurred
in carrying out the policy described in subparagraph (A).
(2) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this
subsection $400,000 for each of fiscal years 2003 through 2009,
to remain available until expended.
(B) Limitation
No amounts may be made available to carry out this subsection
unless specifically provided by an appropriation Act.