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42 U.S.C. § 1757 — State disbursement to schools
Federal law — U.S. Code and appendices · legal_authorities
**(a) Disbursement by State educational agency** Funds paid to any State during any fiscal year pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) shall be disbursed by the State educational agency, in accordance with such agreements approved by the Secretary, as may be entered into by such State agency and the schools in the State, to those schools in the State which the State educational agency, taking into account need and attendance, determines are eligible to participate in the school lunch program.
**(b) Permanent, amendable agreements** The agreements described in subsection (a) shall be permanent agreements that may be amended as necessary.
**(c) Suspension or termination of agreements** The State educational agency may suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.
**(d) Use of funds** Use of funds paid to States may include, in addition to the purchase price of agricultural commodities and other foods, the cost of processing, distributing, transporting, storing or handling thereof.
**(e) Limitation** In no event shall such disbursement for food to any school for any fiscal year exceed an amount determined by multiplying the number of lunches served in the school in the school lunch program under this chapter during such year by the maximum per meal reimbursement rate for the State, for the type of lunch served, as prescribed by the Secretary.
**(f) Increase in meal reimbursement** In any fiscal year in which the national average payment per lunch determined under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) is increased above
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Source file: Laws/federal/codes/united-states-code/title-42/section-1757-state-disbursement-to-schools--4dd51b4fbd.md
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Source location: Title 42, Chapter 13, § 1757; chapter-013-school-lunch-programs.md
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**(a) Disbursement by State educational agency** Funds paid to any State during any fiscal year pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) shall be disbursed by the State educational agency, in accordance with such agreements approved by the Secretary, as may be entered into by such State agency and the schools in the State, to those schools in the State which the State educational agency, taking into account need and attendance, determines are eligible to participate in the school lunch program.
**(b) Permanent, amendable agreements** The agreements described in subsection (a) shall be permanent agreements that may be amended as necessary.
**(c) Suspension or termination of agreements** The State educational agency may suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.
**(d) Use of funds** Use of funds paid to States may include, in addition to the purchase price of agricultural commodities and other foods, the cost of processing, distributing, transporting, storing or handling thereof.
**(e) Limitation** In no event shall such disbursement for food to any school for any fiscal year exceed an amount determined by multiplying the number of lunches served in the school in the school lunch program under this chapter during such year by the maximum per meal reimbursement rate for the State, for the type of lunch served, as prescribed by the Secretary.
**(f) Increase in meal reimbursement** In any fiscal year in which the national average payment per lunch determined under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) is increased above the amount prescribed in the previous fiscal year, the maximum per meal reimbursement rate, for the type of lunch served, shall be increased by a like amount.
**(g) In advance or as reimbursement** Lunch assistance disbursements to schools under this section and under [section 1759a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a&num=0&edition=prelim) may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program purpose, grant authority and institution eligibility**
(1) **In general**
(A) *Program purpose*
(i) *Findings* — Congress finds that—
(I) eating habits and other wellness-related behavior habits are established early in life; and
(II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development.
(ii) *Purpose* — The purpose of the program authorized by this section is to provide aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons.
(B) *Grant authority* — The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.
(2) **Definition of institution** — In this section, the term “institution” means—
(A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities;
(B) any other private organization providing nonresidential child care or day care outside school hours for school children, if—
(i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under [section 1758(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/b&num=0&edition=preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1766
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative expenses; nutritional education; pilot projects; cash-in-lieu of commodities study; refusal of commodities and receipt of other commodities available to the State in lieu of the refused commodities** The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying out the provisions of this chapter, and for carrying out the provisions of the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.], other than section 3 thereof [[42 U.S.C. 1772](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1772&num=0&edition=prelim)] less
(1) not to exceed 3½ per centum thereof which per centum is hereby made available to the Secretary for the Secretary’s administrative expenses under this chapter and under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.];
(2) the amount apportioned by the Secretary pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) and the amount appropriated pursuant to sections 1759a and 1761 of this title and sections 4 and 7 of the Child Nutrition Act of 1966 [[42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim) and 1776]; and
(3) not to exceed 1 per centum of the funds provided for carrying out the programs under this chapter and the programs under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.],
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1755
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1759a
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Federal law — U.S. Code and appendices · legal_authorities
**(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) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1753
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.).
**(b) Total amount for each fiscal year** The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(1) ½ cent; by
(2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs.
**(c) Payments to States**
(1) **Allocation** — Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of—
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio that—
(i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs.
(2) **Reductions** — The Secretary shall reduce allocations to State agencies qualifying for an allocation under parag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1754
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Federal law — U.S. Code and appendices · legal_authorities
Page 4894
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1757
capita income of such State bears to the average
per capita income of all the States.
(b) Disbursements; private schools
The State revenues provided by any State to
meet the requirement of subsection (a) shall, to
the extent the State deems practicable, be dis-
bursed to schools participating in the school
lunch program under this chapter. No State in
which the State educational agency is prohib-
ited by law from disbursing State appropriated
funds to private schools shall be required to
match Federal funds made available for meals
served in such schools, or to disburse, to such
schools, any of the State revenues required to
meet the requirements of subsection (a).
(c) Certification of payments by Secretary
The Secretary shall certify to the Secretary of
the Treasury, from time to time, the amounts to
be paid to any State under this section and shall
specify when such payments are to be made. The
Secretary of the Treasury shall pay to the
State, at the time or times fixed by the Sec-
retary, the amounts so certified.
(d) Combined Federal and State commodity pur-
chases
Notwithstanding any other provision of law,
the Secretary may enter into an agreement with
a State agency, acting on the request of a school
food service authority, under which funds pay-
able to the State under section 1753 or 1759a of
this title may be used by the Secretary for the
purpose of purchasing commodities for use by
the school food service authority in meals
served under the school lunch program under
this chapter.
(June 4, 1946, ch. 281, § 7, 60 Stat. 232; Pub. L.
91–248, § 4, May 14, 1970, 84 Stat. 209; Pub. L.
92–433, § 10, Sept. 26, 1972, 86 Stat. 731; Pub. L.
94–105, § 5, Oct. 7, 1975, 89 Stat. 511; P
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1757
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.