§1769h. Guidance and grants for accommodating special dietary needs of children with disabilities

(a) Definitions

As used in this section:

(1) Children with disabilities

The term "children with disabilities" means individuals, each of whom is-

(A) a participant in a covered program; and

(B) an individual with a disability, as defined in section 706(8) of title 29 for purposes of section 794 of title 29.

(2) Covered program

The term "covered program" means-

(A) the school lunch program established under this chapter;

(B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and

(C) any other program established under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that the Secretary determines is appropriate.

(3) Eligible entity

The term "eligible entity" means a school food service authority, or an institution or organization, that participates in a covered program.

(b) Guidance

(1) Development

The Secretary, in consultation with the Attorney General and the Secretary of Education, shall develop and approve guidance for accommodating the medical and special dietary needs of children with disabilities under covered programs in a manner that is consistent with section 794 of title 29.

(2) Timing

In the case of the school lunch program established under this chapter and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the Secretary shall develop the guidance as required by paragraph (1) not later than 150 days after November 2, 1994.

(3) Distribution

Not later than 60 days after the date that the development of the guidance relating to a covered program is completed, the Secretary shall distribute the guidance to school food service authorities, and institutions and organizations, participating in the covered program.

(4) Revision of guidance

The Secretary, in consultation with the Attorney General and the Secretary of Education, shall periodically update and approve the guidances to reflect new scientific information and comments and suggestions from persons carrying out covered programs, recognized medical authorities, parents, and other persons.

(c) Grants

(1) In general

Subject to the availability of appropriations provided in advance to carry out this subsection, the Secretary shall make grants on a competitive basis to State educational agencies for distribution to eligible entities to assist the eligible entities with nonrecurring expenses incurred in accommodating the medical and special dietary needs of children with disabilities in a manner that is consistent with section 794 of title 29.

(2) Additional assistance

Subject to paragraph (3)(A)(iii), assistance received through grants made under this subsection shall be in addition to any other assistance that State educational agencies and eligible entities would otherwise receive.

(3) Allocation by Secretary

(A) Preference

In making grants under this subsection for any fiscal year, the Secretary shall provide a preference to State educational agencies that, individually-

(i) submit to the Secretary a plan for accommodating the needs described in paragraph (1), including a description of the purpose of the project for which the agency seeks such a grant, a budget for the project, and a justification for the budget;

(ii) provide to the Secretary data demonstrating that the State served by the agency has a substantial percentage of children with medical or special dietary needs, and information explaining the basis for the data; or

(iii) demonstrate to the satisfaction of the Secretary that the activities supported through such a grant will be coordinated with activities supported under other Federal, State, and local programs, including-

(I) activities carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);

(II) activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and

(III) activities carried out under section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) or by the food service management institute established under section 1769b–1 of this title.

(B) Reallocation

The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency under this subsection that are not used by the agency within a reasonable period (as determined by the Secretary).

(C) Applications

The Secretary shall allow State educational agencies to apply on an annual basis for assistance under this subsection.

(4) Allocation by State educational agencies

In allocating funds made available under this subsection within a State, the State educational agency shall give a preference to eligible entities that demonstrate the greatest ability to use the funds to carry out the plan submitted by the State in accordance with paragraph (3)(A)(i).

(5) Maintenance of effort

Expenditures of funds from State and local sources to accommodate the needs described in paragraph (1) shall not be diminished as a result of grants received under this subsection.

(6) Authorization of appropriations

There are authorized to be appropriated $1,000,000 for each of fiscal years 1995 through 1998 to carry out this subsection.

(June 4, 1946, ch. 281, §27, as added Nov. 2, 1994, Pub. L. 103–448, title I, §124, 108 Stat. 4732 .)

References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a)(2)(C), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885 , as amended, 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.

The Social Security Act, referred to in subsec. (c)(3)(A)(iii)(I), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Title XIX of the Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (c)(3)(A)(iii)(II), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Effective Date

Section effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as an Effective Date of 1994 Amendment note under section 1755 of this title.