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Title II — Expansion of Free Lunch Eligibility

H.R. 5308 · 116th Congress · Dec 5, 2019 · Lineage

II Expansion of Free Lunch Eligibility

Sec. 201 Poverty level for free lunch

Section 9(b)(1)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A)) is amended—
(1)
by striking the third sentence; and
(2)
by striking “130 percent” and inserting “200 percent”.

Sec. 202 Direct certification for children receiving Medicaid benefits

Section 9(b)(15) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)) is amended to read as follows:

“(15) Direct certification for children receiving Medicaid benefits

“(A) Agreement—Beginning not later than 90 days after the date of the enactment of the Expanding Access to School Meals Act of 2019, each State agency shall enter into an agreement with the one or more State agencies conducting eligibility determinations for the Medicaid program.

“(B) Procedures—Subject to paragraph (6), the agreement shall establish procedures under which an eligible child shall be certified for free lunches under this Act and free breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), without further application.

“(C) Certification—Subject to paragraph (6), under the agreement, the local educational agencies for a school lunch program under this Act and a school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify an eligible child as eligible for free lunches under this Act and free breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), without further application.

“(D) Definitions—In this paragraph:

“(i) Eligible child—The term eligible child means a child—

“(I) is a member of a family that meets the income eligibility requirements under paragraph (1)(A); and

“(II) is enrolled in medical assistance under a Medicaid State plan (or a waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

“(ii) Medicaid program—The term Medicaid program means the program of medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

“(E) Applicability—This paragraph applies to—

“(i) in the case of the school year beginning July 2020, 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 2021, 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 2022, and each subsequent school year, each local educational agency.”

Sec. 203 Direct certification for children enrolled in CHIP

Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following:

“(16) Direct certification for children enrolled in CHIP

“(A) Agreement—Beginning not later than 90 days after the date of the enactment of this paragraph, each State agency shall enter into an agreement with the State agency conducting eligibility determinations for child health assistance under a State child health plan (or a waiver of such plan) under title XXI of the Social Security Act (42 U.S.C. 1397 et seq.).

“(B) Procedures—Subject to paragraph (6), the agreement shall establish procedures under which an eligible child shall be certified as eligible for free lunches under this Act and free breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), 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 Act and a school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify an eligible child as eligible for free lunches under this Act and free breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), without further application.

“(D) Eligible child defined—In this paragraph, the term eligible child means a child who—

“(i) is a member of a family that meets the income eligibility requirements under paragraph (1)(A); and

“(ii) is enrolled in child health assistance under a State child health plan (or a waiver of such plan) under title XXI of the Social Security Act (42 U.S.C. 1397 et seq.)

“(E) Applicability—This paragraph applies to—

“(i) in the case of the school year beginning July 2020, 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 2021, 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 2022, and each subsequent school year, each local educational agency.”

Sec. 204 Retroactive reimbursement

Section 9(b)(9)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is amended—
(1)
by striking “Except” and inserting the following:

“(i) In general—Except”

(2)
by redesignating clauses (i) and (ii) as subclauses (I) and (II); and
(3)
by adding at the end the following:

“(ii) Retroactivity—A local educational agency shall revise a previously submitted meal claim to reflect the eligibility approval of a child for free meals for the period that begins on the earlier of the following:

“(I) The first day of the current school year.

“(II) The date that is 90 days prior to the date of such eligibility approval.

“(iii) Meal claim defined—In this subsection, the term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement for the cost of a meal served to a child by such school food authority.”

Sec. 205 Increase of community eligibility program multiplier

Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following:

“(vii) Multiplier—For each school year beginning on or after July 1, 2020, the multiplier shall be 1.8”