II 111th CONGRESS 1st Session S. 1226 IN THE SENATE OF THE UNITED STATES June 10, 2009 Mr. Casey (for himself, Mr. Bennet, and Mr. Specter) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve paperless enrollment and efficiency for the national school lunch and school breakfast programs, and for other purposes.

1.

Short title

This Act may be cited as the Paperless Enrollment for School Meals Act of 2009.

2.

Data-based eligibility for school meals programs

(a)

Eligibility

Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: (F)

Data-based eligibility

(i)

In general

A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency— (I)elects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program and school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), during a period of 5 successive school years; and (II)pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (ii)

Alternative data sources

Subject to criteria established by the Secretary not later than December 31, 2010, special assistance payments under clause (i) may be based on an estimate of the number of children eligible for free and reduced price lunches under section 9(b)(1)(A) derived from recent data other than applications, including— (I)a socioeconomic survey of a representative sample of households of students, which may exclude students who have been directly certified under paragraphs (4) and (5) of section 9(b); (II)data from the American Community Survey of the Bureau of the Census; (III)data on receipt of income-tested public benefits by students or the households of students or income data collected by public benefit programs, including— (aa)the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (bb)the medical assistance program under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (cc)the supplemental security income program established under title XVI of that Act (42 U.S.C. 1381 et seq.); and (dd)the program of block grants to States for temporary assistance for needy families established under part A of title IV of that Act (42 U.S.C. 601 et seq.); or (IV)other data, including State or local survey data and State or local tax records. (iii)

Payments

(I)

Free meals

For each month of the period during which a school or local educational agency described in clause (i) serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for free meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for free meals. (II)

Reduced price meals

For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for reduced price meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for reduced price meals. (III)

Other meals

For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, food assistance payments at the rate provided under section 4 shall be made for the remainder of the reimbursable meals served. (iv)

Renewals

(I)

In general

A school or local educational agency described in clause (i) may reapply to the Secretary at the end of the period described in clause (i), and at the end of each period thereafter for which the school or local educational agency receives special assistance payments under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 5-school-year period. (II)

Approval

The Secretary shall approve an application under this clause if available socioeconomic data demonstrate that the income level of the population of the school or local educational agency has remained consistent with or below the income level of the population of the school or local educational agency in the last year in which reimbursement rates were determined under clause (ii). (III)

Data

Not later than December 31, 2010, the Secretary shall establish criteria regarding the socioeconomic data that may be used when applying for a renewal of the special assistance payments for a subsequent 5-school-year period. (G)

High-poverty areas

(i)

In general

A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency— (I)during a period of 2 successive school years, elects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); (II)pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and (III)(aa)for a local educational agency, for the prior school year, directly certified under paragraphs (4) and (5) of section 9(b) at least 50 percent of the enrolled students; (bb)for a school, for the prior school year, directly certified under paragraphs (4) and (5) of section 9(b) at least 60 percent of the enrolled students; or (cc)for a local educational agency or school that received payments under this subparagraph for the prior school year, directly certifies under paragraphs (4) and (5) of section 9(b) at least 40 or 50 percent, respectively, of the enrolled students. (ii)

Payments

(I)

In general

For each month of the school year, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying— (aa)1.5; by (bb)the percentage of students directly certified under paragraphs (4) and (5) of section 9(b), up to a maximum of 100 percent. (II)

Other meals

The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4. (iii)

Election of option

(I)

In general

Any school or local educational agency eligible for the option under clause (i) may elect to receive special assistance payments under clause (ii) for the next school year if the school or local educational agency provides to the State agency evidence of the percentage of students directly certified not later than June 30 of the current school year. (II)

State agency notification

Not later than May 1 of each school year, each State agency shall notify— (aa)any local educational agency that appears, based on reported verification summary data, to have directly certified at least 50 percent of the enrolled students for the current school year, that the local educational agency may be eligible to elect to receive special assistance payments under clause (ii) for the next 2 school years and explain the procedures for the local educational agency to make such an election; and (bb)any local educational agency that appears, based on reported verification summary data, to have directly certified at least 40 percent of the enrolled students for the current school year, that the local educational agency may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the local educational agency directly certifies at least 50 percent of the enrolled students. (III)

Local educational agency notification

Not later than May 1 of each school year, each local educational agency shall notify— (aa)any school that directly certified at least 60 percent of the enrolled students for the current school year, that the school is eligible to elect to receive special assistance payments under clause (ii) for the next school year and explain the procedures for the school to make such an election; and (bb)any school that directly certified at least 50 percent of the enrolled students for the current school year, that the school may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the school directly certifies at least 60 percent of the enrolled students. (IV)

Procedures

Not later than December 31, 2010, the Secretary shall establish procedures for State agencies, local educational agencies, and schools to meet the requirements of this clause and to exercise the option provided under clause (i). . (b)

Conforming amendments

Section 11(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended by striking or (E) and inserting (E), (F), or (G).