PUBLIC LAW 103-448—NOV. 2, 1994 108 STAT. 4733 ance to school food service authorities, and institutions and organizations, pari;icipating in the covered program. "(4) REVISION OF GUIDANCE. —The Secretary, in consultation with the Attorney General and the Secretary of Education, shall periodically update and approve the guidances to reflect new scientific information and comments and suggestions from persons carrying out covered programs, recognized medical authorities, parents, and other persons. " (c) GRANTS.— "(1) IN GENERAL. — Subject to the availability of appropriations provided in advance to carry out this subsection, the Secretary shall make grants on a competitive basis to State educational agencies for distribution to eligible entities to assist the eligible entities with nonrecurring expenses incurred in accommodating the medical and special dietary needs of children with disabilities in a manner that is consistent with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). "(2) ADDITIONAL ASSISTANCE.— Subject to paragraph (3)(A)(iii), assistance received through grants made under this subsection shall be in addition to any other assistance that State educational agencies and eligible entities would otherwise receive. "(3) ALLOCATION BY SECRETARY.— "(A) PREFERENCE. —In making grants under this subsection for any fiscal year, the Secretary shall provide a preference to State educational agencies that, individually— "(i) submit to the Secretary a plan for accommodating the needs described in paragraph (1), including a description of the purpose of the project for which the agency seeks such a grant, a budget for the project, and a justification for the budget; "(ii) provide to the Secretary data demonstrating that the State served by the agency has a substantial percentage of children with medical or special dietary needs, and information explaining the basis for the data; or "(iii) demonstrate to the satisfaction of the Secretary that the activities supported through such a grant will be coordinated with activities supported under other Federal, State, and loced programs, including— "(I) activities carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); "(II) activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and "(III) activities carried out under section 19 , of the Child Nutrition Act of 1966 (42 U.S.C. 1788) or by the food service management institute established under section 21. " (B) REALLOCATION.—The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency under this subsection that are not used by the agency within a reasonable period (as determined by the Secretary).
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