
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: 42USC1784]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1784. Definitions

    For the purposes of this chapter--
        (1) ``State'' means any of the fifty States, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
    American Samoa, or the Commonwealth of the Northern Mariana Islands.
        (2) ``State educational agency'' means, as the State legislature 
    may determine, (A) the chief State school officer (such as the State 
    superintendent of public instruction, commissioner of education, or 
    similar officer), or (B) a board of education controlling the State 
    department of education.
        (3) ``School'' means (A) any public or nonprofit private school 
    of high school grade or under, including kindergarten and preschool 
    programs operated by such school, and (B) any public or licensed 
    nonprofit private residential child care institution (including, but 
    not limited to, orphanages and homes for the mentally retarded, but 
    excluding Job Corps Centers funded by the Department of Labor). For 
    purposes of clauses (A) and (B) of this paragraph, the term 
    ``nonprofit'', when applied to any such private school or 
    institution, means any such school or institution which is exempt 
    from tax under section 501(c)(3) of title 26.
        (4) ``Secretary'' means the Secretary of Agriculture.
        (5) ``School year'' means the annual period from July 1 through 
    June 30.
        (6) Except as used in section 1786 of this title, the terms 
    ``child'' and ``children'' as used in this chapter, shall be deemed 
    to include persons regardless of age who are determined by the State 
    educational agency, in accordance with regulations prescribed by the 
    Secretary, to have 1 or more disabilities and who are attending 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 disabilities.
        (7) Disability.--The term ``disability'' has the meaning given 
    the term in the Rehabilitation Act of 1973 for purposes of title II 
    of that Act (29 U.S.C 760 et seq.).

(Pub. L. 89-642, Sec. 15, Oct. 11, 1966, 80 Stat. 889; Pub. L. 94-105, 
Secs. 15(c), 17(b), Oct. 7, 1975, 89 Stat. 522, 525; Pub. L. 95-166, 
Sec. 20(5), Nov. 10, 1977, 91 Stat. 1346; Pub. L. 95-627, Sec. 10(c), 
(d)(3), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 96-499, title II, 
Sec. 212, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97-35, title VIII, 
Sec. 808(b), Aug. 13, 1981, 95 Stat. 527; Pub. L. 99-500, title III, 
Sec. 325(b), Oct. 18, 1986, 100 Stat. 1783-361, and Pub. L. 99-591, 
title III, Sec. 325(b), Oct. 30, 1986, 100 Stat. 3341-365; Pub. L. 99-
661, div. D, title II, Sec. 4205(b), Nov. 14, 1986, 100 Stat. 4072; Pub. 
L. 100-71, title I, Sec. 101(b), July 11, 1987, 101 Stat. 430; Pub. L. 
101-147, title III, Sec. 325, Nov. 10, 1989, 103 Stat. 917; Pub. L. 104-
193, title VII, Sec. 727, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105-
336, title I, Sec. 107(j)(3)(D), Oct. 31, 1998, 112 Stat. 3153.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in par. (7), is Pub. L. 
93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified 
generally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. Title II 
of the Act is classified generally to subchapter II (Sec. 760 et seq.) 
of chapter 16 of Title 29. For complete classification of this Act to 
the Code, see Short Title note set out under section 701 of Title 29 and 
Tables.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    1998--Par. (6). Pub. L. 105-336, Sec. 107(j)(3)(D)(i), substituted 
``disabilities'' for ``mental or physical handicaps'' in two places.
    Par. (7). Pub. L. 105-336, Sec. 107(j)(3)(D)(ii), added par. (7).
    1996--Par. (1). Pub. L. 104-193, Sec. 727(1), substituted ``the 
Commonwealth of the Northern Mariana Islands'' for ``Trust Territory of 
the Pacific Islands''.
    Par. (3). Pub. L. 104-193, Sec. 727(2), inserted ``and'' before 
``(B)'' and struck out ``, and (C) with respect to the Commonwealth of 
Puerto Rico, nonprofit child care centers certified as such by the 
Governor of Puerto Rico'' before ``. For purposes of clauses (A) and 
(B)''.
    1989--Pub. L. 101-147 redesignated subsecs. (a) through (f) as pars. 
(1) through (6), respectively, in par. (2) redesignated former pars. (1) 
and (2) as subpars. (A) and (B), respectively, in par. (3) substituted 
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', 
which for purposes of codification was translated as ``title 26'' thus 
requiring no change in text, and in par. (6) substituted ``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''.
    1987--Subsec. (c). Pub. L. 100-71 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: `` `School' means (A) 
any public or nonprofit private school of high school grade or under, 
including kindergarten and preschool programs operated by such school, 
(B) any public or licensed nonprofit private residential child care 
institution (including, but not limited to, orphanages and homes for the 
mentally retarded, but excluding Job Corps Centers funded by the 
Department of Labor), and (C) with respect to the Commonwealth of Puerto 
Rico, nonprofit child care centers certified as such by the Governor of 
Puerto Rico. For purposes of clauses (A) and (B) of this subsection, the 
term `nonprofit', when applied to any such private school or 
institution, means any such school or institution which is exempt from 
tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 
1 thereafter, the Secretary shall adjust the tuition limitation amount 
prescribed in clause (A) of the first sentence of this paragraph to 
reflect changes in the Consumer Price Index for All Urban Consumers 
during the most recent 12-month period for which the data is 
available.''
    1986--Subsec. (c). Pub. L. 99-661, Sec. 4205(b)(2), inserted ``On 
July 1, 1988, and on each July 1 thereafter, the Secretary shall adjust 
the tuition limitation amount prescribed in clause (A) of the first 
sentence of this paragraph to reflect the changes in the Consumer Price 
Index for All Urban Consumers during the most recent 12-month period for 
which the data is available.''
    Subsec. (c)(A). Pub. L. 99-500 and Pub. L. 99-591, which directed 
the amendment of subpar. (A) by striking out ``except private schools 
whose average yearly tuition exceeds $1,500 per child,'' after ``such 
school'' was executed by striking out ``except private schools whose 
average yearly tuition exceeds $2,000 per child,'' after ``such school'' 
to reflect the probable intent of Congress and the intervening amendment 
of subpar. (A) by Pub. L. 99-661, Sec. 4205(b)(2). See below.
    Pub. L. 99-661, Sec. 4205(b)(1), substituted ``$2,000'' for 
``$1,500''.
    1981--Subsec. (c). Pub. L. 97-35 inserted exception for private 
schools whose average yearly tuition exceeds $1,500.
    1980--Subsec. (c). Pub. L. 96-499 inserted ``, but excluding Job 
Corps Centers funded by the Department of Labor'' after ``mentally 
retarded''.
    1978--Subsec. (e). Pub. L. 95-627, Sec. 10(c), substituted ``from 
July 1 through June 30'' for ``determined in accordance with regulations 
issued by the Secretary''.
    Subsec. (f). Pub. L. 95-627, Sec. 10(d)(3), added subsec. (f).
    1977--Subsec. (e). Pub. L. 95-166 added subsec. (e).
    1975--Subsec. (a). Pub. L. 94-105, Sec. 15(c), included Trust 
Territory of Pacific Islands in definition of ``State''.
    Subsecs. (c) to (e). Pub. L. 94-105, Sec. 17(b), struck out subsec. 
(c) which defined ``Nonprofit private school'' as any private school 
exempt from income tax under section 501(c)(3) of title 26, redesignated 
subsecs. (d) and (e) as (c) and (d) respectively, and in subsec. (c) as 
so redesignated, inserted definition of ``School'' any public or 
licensed nonprofit private residential child care institution 
(including, but not limited to, orphanages and homes for the mentally 
retarded), and provision defining ``nonprofit'' as an exemption under 
section 501(c)(3) of title 26.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section 401 
of Pub. L. 105-336, set out as a note under section 1755 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-71 effective July 1, 1987, see section 
101(c) of Pub. L. 100-71, set out as a note under section 1760 of this 
title.


                    Effective Date of 1986 Amendments

    Amendment by section 4205(b)(1) of Pub. L. 99-661 applicable for 
fiscal year beginning Oct. 1, 1986, and each school year thereafter, and 
amendment by section 4205(b)(2) of Pub. L. 99-661 applicable for school 
year beginning July 1, 1988, and each school year thereafter, see 
section 4205(c) of Pub. L. 99-661, set out as a note under section 1760 
of this title.
    Amendment by Pub. L. 99-500 and Pub. L. 99-591 effective July 1, 
1987, see section 325(c) of Pub. L. 99-500 and Pub. L. 99-591, set out 
as a note under section 1760 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 
820(a)(3) 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.


                    Effective Date of 1977 Amendment

    Section 20 of Pub. L. 95-166 provided that the amendment made by 
that section is effective July 1, 1977.
