required percentage

(4) Direct certification for children in supplemental nutrition assistance program households.— (A) In general .— Subject to subparagraph (D), each State agency shall enter into an agreement with the State agency conducting eligibility determinations for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (B) Procedures .— Subject to paragraph (6), the agreement shall establish procedures under which a child who is a member of a household receiving assistance under the supplemental nutrition assistance program shall be certified as eligible for free lunches under this chapter and free breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), without further application. (C) Certification .— Subject to paragraph (6), under the agreement, the local educational agency conducting eligibility determinations for a school lunch program under this chapter and a school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) shall certify a child who is a member of a household receiving assistance under the supplemental nutrition assistance program as eligible for free lunches under this chapter and free breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), without further application. (D) Applicability .— This paragraph applies to— (i) in the case of the school year beginning July 2006, a school district that had an enrollment of 25,000 students or more in the preceding school year; (ii) in the case of the school year beginning July 2007, a school district that had an enrollment of 10,000 students or more in the preceding school year; and (iii) in the case of the school year beginning July 2008 and each subsequent school year, each local educational agency. (E) Performance awards.— (i) In general .— Effective for each of the school years beginning July 1, 2011 , July 1, 2012 , and July 1, 2013 , the Secretary shall offer performance awards to States to encourage the States to ensure that all children eligible for direct certification under this paragraph are certified in accordance with this paragraph. (ii) Requirements .— For each school year described in clause (i), the Secretary shall— (I) consider State data from the prior school year, including estimates contained in the report required under section 1758a of this title ; and (II) make performance awards to not more than 15 States that demonstrate, as determined by the Secretary— (aa) outstanding performance; and (bb) substantial improvement. (iii) Use of funds .— A State agency that receives a performance award under clause (i)— (I) shall treat the funds as program income; and (II) may transfer the funds to school food authorities for use in carrying out the program. (iv) Funding.— (I) In general .— On October 1, 2011 , and each subsequent October 1 through October 1, 2013 , out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (aa) $2,000,000 to carry out clause (ii)(II)(aa); and (bb) $2,000,000 to carry out clause (ii)(II)(bb). (II) Receipt and acceptance .— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under subclause (I), without further appropriation. (v) Payments not subject to judicial review .— A determination by the Secretary whether, and in what amount, to make a performance award under this subparagraph shall not be subject to administrative or judicial review. (F) Continuous improvement plans.— (i) Definition of required percentage .— In this subparagraph, the term “required percentage” means— (I) for the school year beginning July 1, 2011 , 80 percent; (II) for the school year beginning July 1, 2012 , 90 percent; and (III) for the school year beginning July 1, 2013 , and each school year thereafter, 95 percent. (ii) Requirements .— Each school year, the Secretary shall— (I) identify, using data from the prior year, including estimates contained in the report required under section 1758a of this title , States that directly certify less than the required percentage of the total number of children in the State who are eligible for direct certification under this paragraph; (II) require the States identified under subclause (I) to implement a continuous improvement plan to fully meet the requirements of this paragraph, which shall include a plan to improve direct certification for the following school year; and (III) assist the States identified under subclause (I) to develop and implement a continuous improvement plan in accordance with subclause (II). (iii) Failure to meet performance standard.— (I) In general .— A State that is required to develop and implement a continuous improvement plan under clause (ii)(II) shall be required to submit the continuous improvement plan to the Secretary, for the approval of the Secretary. (II) Requirements .— At a minimum, a continuous improvement plan under subclause (I) shall include— (aa) specific measures that the State will use to identify more children who are eligible for direct certification, including improvements or modifications to technology, information systems, or databases; (bb) a timeline for the State to implement those measures; and (cc) goals for the State to improve direct certification results. (G) Without further application.— (i) In general .— In this paragraph, the term “without further application” means that no action is required by the household of the child. (ii) Clarification .— A requirement that a household return a letter notifying the household of eligibility for direct certification or eligibility for free school meals does not meet the requirements of clause (i).

Source

42 USC § 1758(b)(4)


Scoping language

In this subparagraph
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