PUBLIC LAW 105-336—OCT. 31, 1998
112 STAT. 3155
"(A) provide for an equitable distribution of pilot
projects among urban and rural elementary schools;
"(B) provide for an equitable distribution of pilot
projects among elementary schools of vsirying family income
levels; and
"(C) permit the evaluation of pilot projects to distinguish the effects of the pilot projects from other factors,
such as changes or differences in educational policies or
programs.
"(4) GRANTS TO SCHOOL POOD AUTHORITIES. — A State agency
receiving a grant under paragraph (1) shall make grants to
school food authorities to conduct the pilot projects described
in paragraph (1).
"(5) DURATION OF PILOT PROJECTS.—Subject to the availability of funds made available to carry out this subsection, a
school food authority receiving amounts under a grant to conduct a pilot project described in paragraph (1) shall conduct
the project during a period of 3 successive school years.
"(6) WAIVER AUTHORITY. —
"(A) IN GENERAL. —Except as provided in subparagraph
(B), the Secretary may waive the requirements of this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the
Secretary from making a grant to conduct a pilot project
under paragraph (1).
"(B) NONWAIVABLE REQUIREMENTS.—The Secretary
may not waive a requirement under subparagraph (A) if
the waiver would prevent a program participant, a potential program participant, or a school from receiving all
of the benefits and protections of this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal
law (including a regulation) that protects an individual
constitutional right or a statutory civil right.
"(7) REQUIREMENTS FOR PARTICIPATION IN PILOT PROJECT.—
To be eligible to participate in a pilot project under this
subsection—
"(A) a State agency—
"(i) shall submit an application to the Secretary
at such time and in such manner as the Secretary
shall establish to meet criteria the Secretary has established to enable a valid evaluation to be conducted;
and
"(ii) shall provide such information relating to the
operation and results of the pilot project as the Secretary may reasonably require; and
"(B) a school food authority—
"(i) shall agree to serve all breakfasts at no charge
to all children enrolled in participating elementary
schools;
"(ii) shall not have a history of violations of this
Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
"(iii) shall have, under the jurisdiction of the school
food authority, a sufficient number of elementary
schools that are not participating in the pilot projects
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