
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1757]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1757. State disbursement to schools


(a) Disbursement by State educational agency

    Funds paid to any State during any fiscal year pursuant to section 
1753 of this title shall be disbursed by the State educational agency, 
in accordance with such agreements approved by the Secretary, as may be 
entered into by such State agency and the schools in the State, to those 
schools in the State which the State educational agency, taking into 
account need and attendance, determines are eligible to participate in 
the school lunch program.

(b) Permanent, amendable agreements

    The agreements described in subsection (a) of this section shall be 
permanent agreements that may be amended as necessary.

(c) Suspension or termination of agreements

    The State educational agency may suspend or terminate any such 
agreement in accordance with regulations prescribed by the Secretary.

(d) Use of funds

    Use of funds paid to States may include, in addition to the purchase 
price of agricultural commodities and other foods, the cost of 
processing, distributing, transporting, storing or handling thereof.

(e) Limitation

    In no event shall such disbursement for food to any school for any 
fiscal year exceed an amount determined by multiplying the number of 
lunches served in the school in the school lunch program under this 
chapter during such year by the maximum per meal reimbursement rate for 
the State, for the type of lunch served, as prescribed by the Secretary.

(f) Increase in meal reimbursement

    In any fiscal year in which the national average payment per lunch 
determined under section 1753 of this title is increased above the 
amount prescribed in the previous fiscal year, the maximum per meal 
reimbursement rate, for the type of lunch served, shall be increased by 
a like amount.

(g) In advance or as reimbursement

    Lunch assistance disbursements to schools under this section and 
under section 1759a of this title may be made in advance or by way of 
reimbursement in accordance with procedures prescribed by the Secretary.

(June 4, 1946, ch. 281, Sec. 8, 60 Stat. 232; Pub. L. 92-433, Sec. 8, 
Sept. 26, 1972, 86 Stat. 729; Pub. L. 93-150, Sec. 2(b), Nov. 7, 1973, 
87 Stat. 560; Pub. L. 95-166, Sec. 3, Nov. 10, 1977, 91 Stat. 1332; Pub. 
L. 95-627, Sec. 10(d)(1), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 97-35, 
title VIII, Sec. 819(d), Aug. 13, 1981, 95 Stat. 533; Pub. L. 101-147, 
title II, Sec. 201, title III, Secs. 304, 312(1), Nov. 10, 1989, 103 
Stat. 908, 914, 916; Pub. L. 104-193, title VII, Sec. 701(a), Aug. 22, 
1996, 110 Stat. 2287.)


                               Amendments

    1996--Pub. L. 104-193 designated first and second sentences as 
subsecs. (a) and (b), respectively, substituted ``in subsection (a) of 
this section'' for ``in the preceding sentence'' in subsec. (b), 
designated third sentence as subsec. (c) and substituted ``The State 
educational agency may'' for ``Nothing in the preceding sentence shall 
be construed to limit the ability of the State educational agency to'', 
struck out fourth and fifth sentences, designated sixth sentence as 
subsec. (d) and substituted ``Use of funds paid to States'' for ``Such 
food costs'', and designated seventh to ninth sentences as subsecs. (e) 
to (g), respectively. Prior to amendment, fourth and fifth sentences 
read as follows: ``Such disbursement to any school shall be made only 
for the purpose of assisting it to obtain agricultural commodities and 
other foods for consumption by children in the school lunch program. The 
terms `child' and `children' as used in this chapter shall be deemed to 
include individuals regardless of age who are determined by the State 
educational agency, in accordance with regulations prescribed by the 
Secretary, to have 1 or more mental or physical handicaps and who are 
attending any child care institution as defined in section 1766 of this 
title or any nonresidential public or nonprofit private school of high 
school grade or under for the purpose of participating in a school 
program established for individuals with mental or physical handicaps: 
Provided, That no institution that is not otherwise eligible to 
participate in the program under section 1766 of this title shall be 
deemed so eligible because of this sentence.''
    1989--Pub. L. 101-147, Sec. 312(1), substituted ``school lunch'' for 
``school-lunch'' in three places.
    Pub. L. 101-147, Sec. 304, which directed the amendment of subsec. 
(d) by substituting ``individuals'' for ``persons'', ``to have 1 or more 
mental or physical handicaps'' for ``to be mentally or physically 
handicapped'', and ``for individuals with mental or physical handicaps'' 
for ``for mentally or physically handicapped'', was executed by making 
the substitutions in the undesignated text before the proviso as the 
probable intent of Congress because the section contains no subsection 
designations.
    Pub. L. 101-147, Sec. 201, inserted after first sentence ``The 
agreements described in the preceding sentence shall be permanent 
agreements that may be amended as necessary. Nothing in the preceding 
sentence shall be construed to limit the ability of the State 
educational agency to suspend or terminate any such agreement in 
accordance with regulations prescribed by the Secretary.''
    1981--Pub. L. 97-35 substituted references to per meal reimbursement 
rate, for references to Federal food-cost contribution rate wherever 
appearing, and struck out reference to section 1754 of this title, and 
food service equipment assistance.
    1978--Pub. L. 95-627 inserted provision relating to definition of 
``child'' and ``children''.
    1977--Pub. L. 95-166 substituted ``food service equipment 
assistance'' for ``nonfood assistance''.
    1973--Pub. L. 93-150 provided that in any fiscal year in which the 
national average payment per lunch determined under section 1753 of this 
title is increased above the amount prescribed in the previous fiscal 
year, the maximum Federal food-cost contribution rate, for the type of 
lunch served, shall be increased by a like amount.
    1972--Pub. L. 92-433 substituted provision that disbursement to 
schools be made for the purpose of assisting them to finance the costs 
of agricultural commodities, for provision that such disbursement be 
made for the purpose of reimbursing them for such costs and inserted 
provision that lunch assistance disbursements to schools under this 
section and section 1759a of this title may be made in advance or by way 
of reimbursement according to procedure prescribed by the Secretary.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 
820(a)(4) of Pub. L. 97-35, set out as a note under section 1753 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section 14 
of Pub. L. 95-627, set out as a note under section 1755 of this title.
