Primary and Secondary Schools 

U.S. Code > Title 42 > Chapter 13 > § 1757 - State disbursement to schools

(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 supplemental nutrition assistance program
      established under the Food and Nutrition Act of 2008 (7
      U.S.C. 2011 et seq.);
        (cc) the food distribution program on Indian reservations
      established under section 4(b) of the Food and Nutrition Act
      of 2008 (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 supplemental nutrition assistance program
          established under the Food and Nutrition Act of 2008 (7
          U.S.C. 2011 et seq.);
            (BB) the food distribution program on Indian
          reservations established under section 4(b) of the Food
          and Nutrition Act of 2008 (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 supplemental nutrition assistance program
      established under the Food and Nutrition Act of 2008 (7
      U.S.C. 2011 et seq.);
        (II) the food distribution program on Indian reservations
      established under section 4(b) of the Food and Nutrition Act
      of 2008 (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 (!1)
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 supplemental
  nutrition assistance program established under the Food and
  Nutrition Act of 2008 (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 supplemental nutrition
  assistance 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 supplemental nutrition
  assistance 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. - 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) 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;
    (B) a homeless child or youth (defined as 1 of the individuals
  described in section 11434a(2) of this title; (!2)

    (C) 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
    (D) a migratory child (as defined in section 6399 of title 20).

  (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 (!3)
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
  supplemental nutrition assistance program authorized under the
  Food and Nutrition Act of 2008 (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 meets the eligibility
  criteria prescribed under section 645(a)(1)(B) of the Head Start
  Act (42 U.S.C. 9840(a)(1)(B));
    (iv) a homeless child or youth (defined as 1 of the individuals
  described in section 11434a(2) of this title; (!2)
    (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 supplemental nutrition assistance program
benefits 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 supplemental nutrition assistance program under the Food
  and Nutrition Act of 2008 [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
  The Secretary shall - 
    (1) encourage institutions receiving funds under this chapter
  and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to
  purchase unprocessed agricultural products, both locally grown
  and locally raised, to the maximum extent practicable and
  appropriate;
    (2) advise institutions participating in a program described in
  paragraph (1) of the policy described in that paragraph and
  paragraph (3) and post information concerning the policy on the
  website maintained by the Secretary; and
    (3) allow institutions receiving funds under this chapter and
  the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
  including the Department of Defense Fresh Fruit and Vegetable
  Program, to use a geographic preference for the procurement of
  unprocessed agricultural products, both locally grown and locally
  raised.

Legislative History

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