42 U.S.C. § 1769
Section 1769 · Pilot projects
Current version, with additions and removals from the May 13, 2002 version.
The Secretary may conduct pilot projects in not more than three States in which the Secretary is currently administering programs to evaluate the effects of the Secretary contracting with private profit and nonprofit organizations to act as a State agency under this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for schools, institutions, or service institutions referred to in section 1759 of this title and section 5 of the Child Nutrition Act of 1966 [42 U.S.C. 1774].
(1) Upon request to the Secretary, any school district that on January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program beginning July 1, 1987. The Secretary, directly or through contract, shall administer the project under this subsection.
(1) Upon request to the Secretary, any school district that on January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program beginning July 1, 1987. The Secretary, directly or through contract, shall administer the project under this subsection.
(2) Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch program.
(2) Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch program.
(1)(A) The Secretary shall carry out a pilot program for purposes of identifying alternatives to—
(i) daily counting by category of meals provided by school lunch programs under this chapter; and
(ii) annual applications for eligibility to receive free meals or reduced price meals.
(B) For the purposes of carrying out the pilot program under this paragraph, the Secretary may waive requirements of this chapter relating to counting of meals provided by school lunch programs and applications for eligibility.
(C) For the purposes of carrying out the pilot program under this paragraph, the Secretary shall solicit proposals from State educational agencies and local educational agencies for the alternatives described in subparagraph (A).
(2)(A) The Secretary shall carry out a pilot program under which a limited number of schools participating in the special assistance program under section 1759a(a)(1) of this title that have in attendance children at least 80 percent of whom are eligible for free lunches or reduced price lunches shall submit applications for a 3-year period.
(B) Each school participating in the pilot program under this paragraph shall have the option of determining the number of free meals, reduced price meals, and paid meals provided daily under the school lunch program operated by such school by applying percentages determined under subparagraph (C) to the daily total student meal count.
(C) The percentages determined under this subparagraph shall be established on the basis of the master roster of students enrolled in the school concerned, which—
(i) shall include a notation as to the eligibility status of each student with respect to the school lunch program; and
(ii) shall be updated not later than September 30 of each year.
(1) Subject to the availability of appropriations to carry out this subsection, the Secretary shall establish pilot projects in at least 25 school districts under which the milk offered by schools meets the fortification requirements of paragraph (3) for lowfat, skim, and other forms of fluid milk.
(2) The Secretary shall make available to school districts information that compares the nutritional benefits of fluid milk that meets the fortification requirements of paragraph (3) and the nutritional benefits of other milk that is made available through the school lunch program established under this chapter.
(3) The fortification requirements for fluid milk for the pilot project referred to in paragraph (1) shall provide that—
(A) all whole milk in final package form for beverage use shall contain not less than—
(i) 3.25 percent milk fat; and
(ii) 8.7 percent milk solids not fat;
(B) all lowfat milk in final package form for beverage use shall contain not less than 10 percent milk solids not fat; and
(C) all skim milk in final package form for beverage use shall contain not less than 9 percent milk solids not fat.
(4)(A) In selecting where to establish pilot projects under this subsection, the Secretary shall take into account, among other factors, the availability of fortified milk and the interest of the school district in being included in the pilot project.
(B) The Secretary shall establish the pilot projects in as many geographic areas as practicable, except that none of the projects shall be established in school districts that use milk described in paragraph (3) or similar milk.
(5) Not later than 2 years after the establishment of the first pilot project under this subsection, the Secretary shall report to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on—
(A) the acceptability of fortified whole, lowfat, and skim milk products to participating children;
(B) the impact of offering the milk on milk consumption;
(C) the views of the school food service authorities on the pilot projects; and
(D) any increases or reductions in costs attributed to the pilot projects.
(6) The Secretary shall—
(A) obtain copies of any research studies or papers that discuss the impact of the fortification of milk pursuant to standards established by the States; and
(B) on request, make available to State agencies and the public—
(i) the information obtained under subparagraph (A); and
(ii) information about where to obtain milk described in paragraph (3).
(7)(A) Each pilot project established under this subsection shall terminate on the last day of the third year after the establishment of the pilot project.
(B) The Secretary shall advise representatives of each district participating in a pilot project that the district may continue to offer the fortified forms of milk described in paragraph (3) after the project terminates.
(1) In general
Subject to the availability of funds made available under paragraph (10), for a period of 3 successive school years, the Secretary shall make grants to State agencies to conduct pilot projects in elementary schools under the jurisdiction of not more than 6 school food authorities approved by the Secretary to—
(A) reduce paperwork, simplify meal counting requirements, and make changes that will increase participation in the school breakfast program; and
(B) evaluate the effect of providing free breakfasts to elementary school children, without regard to family income, on participation, academic achievement, attendance and tardiness, and dietary intake over the course of a day.
(1) Definition of eligible school
In this subsection, the term "eligible school" means a school or institution that participates in a program under this chapter or the school breakfast program established under section 1773 of this title.
A State agency that seeks a grant under this subsection shall submit to the Secretary nominations of school food authorities to participate in a pilot project under this subsection 1
The Secretary shall carry out a program to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or groups of agricultural producers, and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools.
The Secretary shall approve for participation in pilot projects under this subsection elementary schools under the jurisdiction of not more than 6 nominated school food authorities selected so as to—
(A) provide for an equitable distribution of pilot projects among urban and rural elementary schools;
(B) provide for an equitable distribution of pilot projects among elementary schools of varying family income levels; and
(C) permit the evaluation of pilot projects to distinguish the effects of the pilot projects from other factors, such as changes or differences in educational policies or programs.
(4) Grants to school food authorities
A State agency receiving a grant under paragraph (1) shall make grants to school food authorities to conduct the pilot projects described in paragraph (1).
(5) Duration of pilot projects
Subject to the availability of funds made available to carry out this subsection, a school food authority receiving amounts under a grant to conduct a pilot project described in paragraph (1) shall conduct the project during a period of 3 successive school years.
(6) Waiver authority
(A) In general
(A) In general
Except as provided in subparagraph (B), the Secretary may waive the requirements of this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the Secretary from making a grant to conduct a pilot project under paragraph (1).
(B) Nonwaivable requirements
The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program participant, or a school from receiving all of the benefits and protections of this chapter, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal law (including a regulation) that protects an individual constitutional right or a statutory civil right.
(7) Requirements for participation in pilot project
To be eligible to participate in a pilot project under this subsection—
(A) a State agency—
(i) shall submit an application to the Secretary at such time and in such manner as the Secretary shall establish to meet criteria the Secretary has established to enable a valid evaluation to be conducted; and
(ii) shall provide such information relating to the operation and results of the pilot project as the Secretary may reasonably require; and
(B) a school food authority—
(i) shall agree to serve all breakfasts at no charge to all children enrolled in participating elementary schools;
(ii) shall not have a history of violations of this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(iii) shall have, under the jurisdiction of the school food authority, a sufficient number of elementary schools that are not participating in the pilot projects to permit a valid evaluation of the effects of the pilot projects; and
(iv) shall meet all other requirements that the Secretary may reasonably require.
(8) Evaluation of pilot projects
The Secretary shall award competitive grants under this subsection to be used for—
(i) training;
(ii) supporting operations;
(iii) planning;
(iv) purchasing equipment;
(v) developing school gardens;
(vi) developing partnerships; and
(vii) implementing farm to school programs.
(B) Regional balance
In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure—
(i) geographical diversity; and
(ii) equitable treatment of urban, rural, and tribal communities.
(C) Maximum amount
The total amount provided to a grant recipient under this subsection shall not exceed $100,000.
(4) Federal share
(A) In general
(A) In general
The Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct an evaluation of the pilot projects conducted by the school food authorities selected for participation.
(B) Content
The evaluation shall include—
(i) a determination of the effect of participation in the pilot project on the academic achievement, attendance and tardiness, and dietary intake over the course of a day of participating children that is not attributable to changes in educational policies and practices; and
(ii) a determination of the effect that participation by elementary schools in the pilot project has on the proportion of students who eat breakfast and on the paperwork required to be completed by the schools.
(C) Report
On completion of the pilot projects and the evaluation, 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 the results of the evaluation of the pilot projects required under subparagraph (A).
(9) Reimbursement
The Federal share of costs for a project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of the project.
(B) Federal matching
As a condition of receiving a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources.
(5) Criteria for selection
To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall give the highest priority to funding projects that, as determined by the Secretary—
(A) make local food products available on the menu of the eligible school;
(B) serve a high proportion of children who are eligible for free or reduced price lunches;
(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;
(D) demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners;
(E) include adequate and participatory evaluation plans;
(F) demonstrate the potential for long-term program sustainability; and
(G) meet any other criteria that the Secretary determines appropriate.
(6) Evaluation
As a condition of receiving a grant under this subsection, each grant recipient shall agree to cooperate in an evaluation by the Secretary of the program carried out using grant funds.
(7) Technical assistance
The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities—
(A) to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program;
(B) to collect and share information on best practices; and
(C) to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas.
(8) Funding
(A) In general
(A) In general
Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school breakfast program in an amount that is equal to the total Federal reimbursement for the school for the prior year under the program (adjusted to reflect changes in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor and adjusted for fluctuations in enrollment).
(B) Excess needs
Funds required for the pilot project in excess of the level of reimbursement received by the school for the prior year (adjusted to reflect changes described in subparagraph (A) and adjusted for fluctuations in enrollment) may be taken from any non-Federal source or from amounts provided under this subsection.
On October 1, 2012, and each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $5,000,000, to remain available until expended.
(B) Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
(A) In general
(B) Requirement
No amounts may be provided under this subsection unless specifically provided in appropriations Acts.
(1) Definition of eligible State
In this subsection, the term “eligible State” means a State in which (based on data available in July 2000)—
(A) the percentage obtained by dividing—
(i) the sum of—
(I) the average daily number of children attending the summer food service program in the State in July 1999; and
(II) the average daily number of children receiving free or reduced price meals under the school lunch program in the State in July 1999; by
(ii) the average daily number of children receiving free or reduced price meals under the school lunch program in the State in March 1999; is less than 50 percent of
(B) the percentage obtained by dividing—
(i) the sum of—
(I) the average daily number of children attending the summer food service program in all States in July 1999; and
(II) the average daily number of children receiving free or reduced price meals under the school lunch program in all States in July 1999; by
(ii) the average daily number of children receiving free or reduced price meals under the school lunch program in all States in March 1999.
(2) Pilot projects
During the period of fiscal years 2001 through 2003, the Secretary shall carry out a summer food pilot project in each eligible State to increase the number of children participating in the summer food service program in the State.
(3) Support levels for service institutions
(A) Food service
Under the pilot project, a service institution (other than a service institution described in section 1761(a)(7) of this title) in an eligible State shall receive the maximum amounts for food service under section 1761(b)(1) of this title without regard to the requirement under section 1761(b)(1)(A) of this title that payments shall equal the full cost of food service operations.
(B) Administrative costs
Under the pilot project, a service institution (other than a service institution described in section 1761(a)(7) of this title) in an eligible State shall receive the maximum amounts for administrative costs determined by the Secretary under section 1761(b)(4) of this title without regard to the requirement under section 1761(b)(3) of this title that payments to service institutions shall equal the full amount of State-approved administrative costs incurred.
(C) Compliance
A service institution that receives assistance under this subsection shall comply with all provisions of section 1761 of this title other than subsections (b)(1)(A) and (b)(3) of section 1761 of this title.
(4) Maintenance of effort
Expenditures of funds from State and local sources for maintenance of a summer food service program shall not be diminished as a result of assistance from the Secretary received under this subsection.
(5) Evaluation of pilot projects
The Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct an evaluation of the pilot project.
(A) Definitions
In this paragraph:
(i) Eligible program
The term "eligible program" means—
(I) a school-based program with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more grades at 2 or more eligible schools; or
(II) a community-based summer program with hands-on vegetable gardening and nutrition education that is part of, or coordinated with, a summer enrichment program at 2 or more eligible schools.
(ii) Eligible school
The term "eligible school" means a public school, at least 50 percent of the students of which are eligible for free or reduced price meals under this chapter.
An evaluation under this paragraph shall describe—
(i) any effect on participation by children and service institutions in the summer food service program in the eligible State in which the pilot project is carried out;
(ii) any effect of the pilot project on the quality of the meals and supplements served in the eligible State in which the pilot project is carried out; and
(iii) any effect of the pilot project on program integrity.
(6) Reports
(A) Interim report
Not later than December 1, 2002, 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 an interim report that describes the status of, and any progress made by, each pilot project being carried out under this subsection as of the date of submission of the report.
(B) Final report
Not later than April 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 final report that includes—
(i) the evaluations completed by the Secretary under paragraph (5); and
(ii) any recommendations of the Secretary concerning the pilot projects.
The Secretary shall carry out a pilot program under which the Secretary shall provide to nonprofit organizations or public entities in not more than 5 States grants to develop and run, through eligible programs, community gardens at eligible schools in the States that would—
(i) be planted, cared for, and harvested by students at the eligible schools; and
(ii) teach the students participating in the community gardens about agriculture production practices and diet.
(C) Priority States
Of the States in which grantees under this paragraph are located—
(i) at least 1 State shall be among the 15 largest States, as determined by the Secretary;
(ii) at least 1 State shall be among the 16th to 30th largest States, as determined by the Secretary; and
(iii) at least 1 State shall be a State that is not described in clause (i) or (ii).
(D) Use of produce
Produce from a community garden provided a grant under this paragraph may be—
(i) used to supplement food provided at the eligible school;
(ii) distributed to students to bring home to the families of the students; or
(iii) donated to a local food bank or senior center nutrition program.
(E) No cost-sharing requirement
A nonprofit organization or public entity that receives a grant under this paragraph shall not be required to share the cost of carrying out the activities assisted under this paragraph.
(F) Evaluation
A nonprofit organization or public entity that receives a grant under this paragraph shall be required to cooperate in an evaluation carried out by the Secretary.
(2) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2004 through 2015.
(1) In general
(1) In general
In the school year beginning July 2002, the Secretary shall carry out a pilot program to make available to students in 25 elementary or secondary schools in each of 4 States, and in elementary or secondary schools on 1 Indian reservation, free fresh and dried fruits and fresh vegetables throughout the school day in 1 or more areas designated by the school.
A service institution that is described in section 1761(a)(6) of this title (excluding a public school), or a private nonprofit organization described in section 1761(a)(7) of this title, and that is located in the State of California may be reimbursed—
(A) for up to 2 meals during each day of operation served—
(i) during the months of May through September;
(ii) in the case of a service institution that operates a food service program for children on school vacation, at anytime under a continuous school calendar; and
(iii) in the case of a service institution that provides meal service at a nonschool site to children who are not in school for a period during the school year due to a natural disaster, building repair, court order, or similar case, at anytime during such a period; and
(B) for a snack served during each day of operation after school hours, weekends, and school holidays during the regular school calendar.
A school that participates in the pilot program shall widely publicize within the school the availability of free fruits and vegetables under the pilot program.
The service institution shall be reimbursed consistent with section 1761(b)(1) of this title.
Not later than May 1, 2003, the Secretary, acting through the Administrator of the Economic Research Service, shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the results of the pilot program.
To receive reimbursement under this subsection, a service institution shall comply with section 1761 of this title, other than subsections (b)(2) and (c)(1) of that section.
The Secretary shall use not more than $6,000,000 of funds made available under section 612c of title 7, to carry out this subsection (other than paragraph (3)).
Not later than September 30, 2007, the State agency shall submit to the Secretary a report on the effect of this subsection on participation in the summer food service program for children established under section 1761 of this title.
(5) Funding
The Secretary shall provide to the State of California such sums as are necessary to carry out this subsection for each of fiscal years 2011 through 2015.
(1) In general
Subject to the availability of funds under paragraph (4), the Secretary shall expand the service of free lunches and breakfasts provided at schools participating in the school lunch program under this chapter or the school breakfast program under section 1773 of this title in all or part of 5 States selected by the Secretary (of which at least 1 shall be a largely rural State with a significant Native American population).
(2) Income eligibility
The income guidelines for determining eligibility for free lunches or breakfasts under this subsection 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 section 1758(b)(1)(B) of this title.
(3) Evaluation
(A) In general
Not later than 3 years after the implementation of this subsection, the Secretary shall conduct an evaluation to assess the impact of the changed income eligibility guidelines by comparing the school food authorities operating under this subsection to school food authorities not operating under this subsection.
(B) Impact assessment
(i) Children
The evaluation shall assess the impact of this subsection separately on—
(I) children in households with incomes less than 130 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 1758(b)(1)(B) of this title; and
(II) children in households with incomes greater than 130 percent and not greater than 185 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 1758(b)(1)(B) of this title.
(ii) Factors
The evaluation shall assess the impact of this subsection on—
(I) certification and participation rates in the school lunch and breakfast programs;
(II) rates of lunch- and breakfast-skipping;
(III) academic achievement;
(IV) the allocation of funds authorized in title I of the Elementary and Secondary Education Act [20 U.S.C. 6301 et seq.] to local educational agencies and public schools; and
(V) other factors determined by the Secretary.
(C) Cost assessment
The evaluation shall assess the increased costs associated with providing additional free, reduced price, or paid meals in the school food authorities operating under this subsection.
(D) Report
On completion of the evaluation, 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 the results of the evaluation under this paragraph.
(4) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
(1) Establishment
The Secretary shall establish an organic food pilot program (referred to in this subsection as the "pilot program") under which the Secretary shall provide grants on a competitive basis to school food authorities selected under paragraph (3).
(2) Use of funds
(A) In general
The Secretary shall use funds provided under this section—
(i) to enter into competitively awarded contracts or cooperative agreements with school food authorities selected under paragraph (3); or
(ii) to make grants to school food authority applicants selected under paragraph (3).
(B) School food authority uses of funds
A school food authority that receives a grant under this section shall use the grant funds to establish a pilot program that increases the quantity of organic foods provided to schoolchildren under the school lunch program established under this chapter.
(3) Application
(A) In general
A school food authority seeking a contract, grant, or cooperative agreement under this subsection shall submit to the Secretary an application in such form, containing such information, and at such time as the Secretary shall prescribe.
(B) Criteria
In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider—
(i) the poverty line (as defined in section 9902(2) of this title, including any revision required by that section)) 1 applicable to a family of the size involved of the households in the district served by the school food authority, giving preference to school food authority applicants in which not less than 50 percent of the households in the district are at or below the Federal poverty line;
(ii) the commitment of each school food authority applicant—
(I) to improve the nutritional value of school meals;
(II) to carry out innovative programs that improve the health and wellness of schoolchildren; and
(III) to evaluate the outcome of the pilot program; and
(iii) any other criteria the Secretary determines to be appropriate.
(4) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $10,000,000 for fiscal years 2011 through 2015.