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 compare with model local wellness policies recommended under para- graph (2)(B); and (ii) an assessment of the impact of the local school wellness policies in addressing the requirements of subsection (b). (C) Report Not later than January 1, 2014, the Sec- retary shall submit to the Committee on Education and Labor of the House of Rep- resentatives and the Committee on Agri- culture, Nutrition, and Forestry of the Sen- ate a report that describes the findings of the study. (D) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph $3,000,000 for fiscal year 2011, to remain available until ex- pended. (June 4, 1946, ch. 281, § 9A, as added Pub. L. 111–296, title II, § 204(a), Dec. 13, 2010, 124 Stat. 3216.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title. § 1759. Direct disbursement to schools by Sec- retary (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 re- quired 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 dis- bursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chap- ter, the State in which the Secretary is admin- istering the program may, upon request to the Secretary, assume administration of that pro- gram. (b) If a State educational agency is not per- mitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall dis- burse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or re- quired with respect to the disbursements to pub- lic schools within the State by the State edu- cational agency. (June 4, 1946, ch. 281, § 10, 60 Stat. 233; Pub. L. 87–823, § 4, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91–248, § 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 93–433, § 4(d), Sept. 26, 1972, 86 Stat. 726; Pub. L. 93–150, § 3(b), Nov. 7, 1973, 87 Stat. 562; Pub. L. 94–105, § 7, Oct. 7, 1975, 89 Stat. 514; Pub. L. 97–35, title VIII, § 817(a), Aug. 13, 1981, 95 Stat. 531.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 designated existing provisions as subsec. (a), substituted provisions relating to disburse- ment of funds directly to schools, institutions, or serv- ice institutions for the purposes authorized by this chapter, for provisions relating to disbursement of funds directly to schools for the purposes and subject Page 4917 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1759a to conditions authorized or required for disbursements to schools within the State by the State educational agency, and added subsec. (b). 1975—Pub. L. 94–105 altered provisions of section to accommodate authorization of direct payments to pri- vate nonprofit schools and institutions in conformity with revised allocation method for school lunch funds and expanded definition of ‘‘school’’ to include any pub- lic or licensed nonprofit residential child care institu- tion, including but not limited to, orphanages and homes for the mentally retarded. 1973—Pub. L. 93–150 inserted in proviso reference to section 1759a of this title. 1972—Pub. L. 92–433 inserted proviso that beginning with the fiscal year ending June 30, 1974, the Secretary shall make payments directly to the nonprofit private schools for the purpose of section 1753 of this title under the same conditions as are prescribed for State educational agencies. 1970—Pub. L. 91–248 provided that data upon which State apportionments are calculated is the program year completed two years immediately prior to the fis- cal year for which the appropriation is requested. 1962—Pub. L. 87–823 substituted ‘‘an amount which bears the same ratio to such funds as the number of lunches, consisting of a combination of foods and meet- ing the minimum requirements prescribed by the Sec- retary pursuant to section 1758 of this title, served in the preceding fiscal year by all nonprofit private schools participating in the program under this chapter within the State, as determined by the Secretary, bears to the participation rate for the State’’ for ‘‘the same proportion of the funds as the number of children be- tween the ages of 5 and 17, inclusive, attending non- profit private schools within the State, is of the total number of persons of those ages within the State at- tending school’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as a note under section 1753 of this title. § 1759a. Special assistance funds (a) Formula for computation of payments; com- putation 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, 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) served free to children eligi- ble for such lunches in schools within that State during such fiscal year by the special assistance factor for free lunches prescribed by the Sec- retary for such fiscal year and the product ob- tained 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 pre- scribed 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 chil- dren in attendance during a school year (herein- after in this sentence referred to as the ‘‘first school year’’) are eligible for free lunches or re- duced price lunches, special assistance payments shall be paid to the State educational agency with respect to that school, if that school so re- quests for the school year following the first school year, on the basis of the number of free lunches or reduced price lunches, as the case may be, that are served by that school during the school year for which the request is made, to those children who were determined to be so eli- gible in the first school year and the number of free lunches and reduced price lunches served during that year to other children determined for that year to be eligible for such lunches. (C)(i) Except as provided in subparagraph (D), in the case of any school or school district that— (I) elects to serve all children in the school or school district free lunches under the school lunch program during any period of 4 successive school years, or in the case of a school or school district that serves both lunches and breakfasts, elects to serve all chil- dren in the school or school district free lunches and free breakfasts under the school lunch program and the school breakfast pro- gram established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) during any period of 4 successive school years; and (II) pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period; special assistance payments shall be paid to the State educational agency with respect to the school or school district during the period on the basis of the number of lunches or breakfasts determined under clause (ii) or (iii). (ii) For purposes of making special assistance payments under clause (i), except as provided in clause (iii), the number of lunches or breakfasts served by a school or school district to children who are eligible for free lunches or breakfasts or reduced price lunches or breakfasts during each school year of the 4-school-year period shall be considered to be equal to the number of lunches or breakfasts served by the school or school dis- trict to children eligible for free lunches or breakfasts or reduced price lunches or break- fasts during the first school year of the period. (iii) For purposes of computing the amount of the payments, a school or school district may elect to determine on a more frequent basis the number of children who are eligible for free or reduced price lunches or breakfasts who are served lunches or breakfasts during the 4-school- year period. (D)(i) In the case of any school or school dis- trict that is receiving special assistance pay- ments under this paragraph for a 4-school-year period described in subparagraph (C), the State may grant, at the end of the 4-school-year pe- riod, an extension of the period for an additional 4 school years, if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the popu- lation of the school or school district has re- mained stable.