118 STAT. 734 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(B) PROCEDURES.—Subject to paragraph (6), the agree ment shall establish procedures under which a child who is a member of a household receiving assistance under the food stamp program shall be certified as eligible for free lunches under this Act and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), with out 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 a child who is a member of a household receiving assistance under the food stamp program as eligible for free lunches under this Act and free breakfasts under the Child Nutri tion 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 edu cational agency.’’. (b) ADMINISTRATION.— (1) IN GENERAL.—Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by subsection (a)) is amended by inserting after paragraph (4) the following: ‘‘(5) DISCRETIONARY CERTIFICATION.— ‘‘(A) IN GENERAL.—Subject to paragraph (6), any local educational agency may certify any child as eligible for free lunches or breakfasts, without further application, by directly communicating with the appropriate State or local agency to obtain documentation of the status of the child as— ‘‘(i) a member of a family that is receiving assist ance under the temporary assistance for needy families program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that the Secretary determines complies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995; ‘‘(ii) a homeless child or youth (defined as 1 of the individuals described in section 725(2) of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11434a(2)); ‘‘(iii) served by the runaway and homeless youth grant program established under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); or ‘‘(iv) a migratory child (as defined in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399)).’’.
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