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42 U.S.C. § 1759 — Direct disbursement to schools by Secretary

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1759 — Direct disbursement to schools by Secretary

**(a)** The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools, institutions, or service institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program. **(b)** If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.

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Source location: Title 42, Chapter 13, § 1759; chapter-013-school-lunch-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1759a — Special assistance funds

**(a) Formula for computation of payments; computation for lunches to eligible children in schools funding service to ineligible children from non-Federal sources; special assistance factors; annual adjustments** (1) (A) Except as provided in [section 1759 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759&num=0&edition=prelim), in each fiscal year each State educational agency shall receive special assistance payments in an amount equal to the sum of the product obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served free to children eligible for such lunches in schools within that State during such fiscal year by the special assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced price lunches in schools within that State during such fiscal year by the special assistance factor for reduced price lunches prescribed by the Secretary for such fiscal year. (B) Except as provided in subparagraph (C), (D), (E), or (F), in the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the “first school year”) are eligible for free lunches or reduced price lunches, special assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 a variety of fluid milk; (ii) may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortifi

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1753 — Apportionments to States

**(a)** The sums appropriated for any fiscal year pursuant to the authorizations contained in [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim) shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter. **(b)** (1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying— (A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served during such fiscal year in schools in such State which participate in the school lunch program under this chapter under agreements with such State educational agency; by (B) the national average lunch payment prescribed in paragraph (2) of this subsection. (2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to [section 1759a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a&num=0&edition=prelim)) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced price, the national average lunch payment shall be 2 cents more. (3) **Additional reimbursement.—** (A) *Regulations.—* (i) *

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1773 — School breakfast program

**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture. **(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments** (1) (A) (i) The Secretary shall make breakfast assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying— (I) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by (II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to children not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph. (ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1759 — Direct disbursement to schools by Sec-

Page 4916 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1759 (d) Technical assistance and best practices (1) In general The Secretary, in consultation with the Sec- retary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Preven- tion, shall provide information and technical assistance to local educational agencies, school food authorities, and State educational agencies for use in establishing healthy school environments that are intended to promote student health and wellness. (2) Content The Secretary shall provide technical assist- ance that— (A) includes resources and training on de- signing, implementing, promoting, dissemi- nating, and evaluating local school wellness policies and overcoming barriers to the adoption of local school wellness policies; (B) includes model local school wellness policies and best practices recommended by Federal agencies, State agencies, and non- governmental organizations; (C) includes such other technical assist- ance as is required to promote sound nutri- tion and establish healthy school nutrition environments; and (D) is consistent with the specific needs and requirements of local educational agen- cies. (3) Study and report (A) In general Subject to the availability of appropria- tions, the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local school wellness policies carried out in accordance with this section. (B) Study of local school wellness policies The study described in subparagraph (A) shall include— (i) an analysis of the strength and weak- nesses of local school wellness policies and how the policies

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