Sec. 3. Eligibility of transferred children; retroactive reimbursement
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Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) ) is amended— by redesignating subparagraph
(C)as subparagraph (D); by inserting after subparagraph
(B)the following: In this subparagraph, the term covered child means a child that— has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the original local educational agency ); and transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the new local educational agency ). An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). A new local educational agency shall honor the eligibility determination for a covered child under clause
(ii)for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver— during the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and who is a grandparent or other relative and— has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. ; in subparagraph
(D)(as so redesignated)— by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively, and indenting appropriately; in the matter preceding subclause
(I)(as so redesignated), by striking Except as and all that follows through (3)(H)(ii) and inserting the following: Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs
(E)and (H)(ii) of paragraph
(3); and by adding at the end the following: A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver— during the 12-month period preceding the date on which the covered child is enrolled in the new school; and who is a grandparent or other relative and— has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. ; and by adding at the end the following: In this subparagraph: The term change in eligibility means, with respect to eligibility for the school lunch program under this Act— a change from eligibility for reduced price meals to eligibility for free meals; and a change from noneligibility to eligibility for free or reduced price meals. The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. The term previously submitted , with respect to a meal claim, means a meal claim submitted on or after the retroactive date. The term retroactive date means the first day of the current school year. A local educational agency shall— revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child. .
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Sec. 3
Eligibility of transferred children; retroactive reimbursement
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