Sec. 1001. Accommodating dietary requirements
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Section 9(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a) ) is amended— in paragraph (1)— in subparagraph (A), by amending clause
(i)to read as follows: shall not— be construed to prohibit the substitution of foods to accommodate the medical needs of individual students; or be construed to prohibit the nutritionally-equivalent substitution of foods to accommodate religiously-based or other special dietary needs of individual students; and ; and in subparagraph (B), by striking lower-fat versions of foods commonly used in the school lunch program under this Act and inserting foods that comply with the meal patterns prescribed by the Secretary ; and in paragraph (2)— by amending subparagraph (A)(iii) to read as follows: as a reasonable accommodation under the Americans with Disabilities Act ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), shall provide a substitute for fluid milk for a student whose disability restricts their diet. ; and by amending subparagraph
(B)to read as follows: A school shall substitute, for the fluid milk provided under subparagraph (A), a nondairy beverage that meets the nutritional needs of a student for whom fluid milk is not nutritionally appropriate due to a medical or other special dietary need other than a disability described in subparagraph (A)(iii), as determined by the school in consultation with the parent or legal guardian of such student. A school shall substitute, for the fluid milk provided under subparagraph (A), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary if the substitution is requested by written statement by a parent or legal guardian of such student. A school may offer all students a nondairy beverage as a substitute for fluid milk that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary. Except as provided in clause (iv), expenses incurred by providing substitutions under clauses
(i)and
(ii)that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority. Not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and carry out a pilot grant program to award grants to eligible school food authorities to carry out subclause (III). In awarding grants under this clause, the Secretary may give priority to— an eligible school food authority that serves high proportions of children who demonstrate high rates of lactose intolerance; and an eligible school food authority that— submits, as part of the application for a grant, a need for nondairy beverages among its student population due to dietary reasons; and demonstrates a need for providing nondairy beverages to children by serving a sufficient number (as determined by the Secretary) of such children. A school food authority shall use grant funds awarded under this clause to reimburse the full cost of providing nondairy beverages as substitutes for fluid milk under clause (i)(I) incurred by such school food authority. Not later than 1 year after receiving a grant under this clause, and on an annual basis for the duration of the pilot program thereafter, a school food authority shall submit to the Secretary a report on the pilot grant program, including information with respect to— the number of schools served by the school food authority pursuant to the grant; and the number of students served by the school food authority pursuant to the grant. The report that is the final report submitted under item
(aa)shall include, in addition to the information required under subitems
(AA)and
(BB)of such item— the number of nondairy beverages as substitutes for fluid milk that the school food authority served during the grant period; compared with the number of nondairy beverages as substitutes for fluid milk that the school food authority served during the school year immediately preceding the start of the grant period. Not later than 6 months after the date described in subclause (V), the Secretary shall submit to Congress a report that includes a summary of the information included in the reports received under this subclause and any such information with respect to the pilot program the Secretary determines to be relevant. The authority to carry out this clause shall terminate on the date that is 3 years after the date of the enactment of this subparagraph. In this clause, the term eligible school food authority means a school food authority for which 50 percent or more of the students served by such school food authority are eligible for free or reduced price lunch under this Act or free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). There is authorized to be appropriated to carry out this clause $2,000,000 for fiscal year 2024, to remain available until the date described in subclause (V). .
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