Sec. 403. Review of serious deficiency process
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/bill/117/hr/8450/ih/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 17(d)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(d)(5) ) is amended by adding at the end the following: Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall review and issue guidance and, as appropriate, regulations regarding the serious deficiency process for the program under this section. In carrying out clause (i), the Secretary shall review, at a minimum, the processes involved in— determining when there is a serious deficiency with respect to an institution or a family or group day care home by a State agency, including— what measures automatically result in a finding of serious deficiency; and how to differentiate between— a reasonable margin of human error and systematic or intentional noncompliance; and State-specific requirements and Federal regulations; appealing and mediating a finding of serious deficiency with respect to an institution or a family or group day care home, including— findings related to State-specific requirements and Federal regulations; and processes for ensuring officials involved in appeals and mediation are fair and impartial; determining the circumstances under which a corrective action plan is acceptable; termination and disqualification, including maintenance of the list under subparagraph (E); and determining opportunities for strengthening the processes intended to reduce additional State agency program requirements on institutions or family or group day care homes that are in addition to those required under Federal law, including— State evaluation of practices used at the time of review; regional approval of such additional State agency requirements; and oversight through the management evaluation process.
The Secretary may not consider State-specific requirements in determining non-compliance or serious deficiency. Not later than 1 year after conducting the review under clause (ii), the Secretary shall make findings from the information collected and issue guidance and, as appropriate, regulations from such findings that will— streamline and modernize the program; reduce the paperwork burden on parents; and assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring a fair, uniform, and effective administration of the serious deficiency process, while retaining program integrity.
The guidance or, as appropriate, regulations made or issued under subclause
(I)shall include— clarity on the required measures for noncompliance, including— an allowance for a reasonable margin of human error; and a distinction between a reasonable margin of human error and systematic or intentional noncompliance; a formal appeals and mediation process that— is conducted by a trained official who is independent from and not affiliated with any person or agency involved in the determination being appealed or mediated; provides an opportunity for a fair hearing for any institution or family or group day care home determined to have a serious deficiency finding or inadequate corrective action plan; and provides for the evaluation and resolution of disputes over State agency program requirements on institutions or family or group day care homes that are in addition to those required under Federal law; timeframes for acceptable corrective action plans for group or family day care homes that are consistent with corrective action timeframes for child care centers; and a process to dismiss a serious deficiency upon correction of such deficiency. .
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Sec. 403
Review of serious deficiency process
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