60 rTAT.] 79H CONG. , 2D SESS.-CH. 281-JUNE 4, 1946 NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS SEC. 9. Lunches served by schools participating in the school-lunch program under this Act shall meet minimum nutritional require- ments prescribed by the Secretary on the basis of tested nutritional research. Such meals shall be served without cost or at a reduced cost to children who are determined by local school authorities to be unable to pay the full cost of the lunch. No physical segregation of or other discrimination against any child shall be made by the school because of his inability to pay. School-lunch programs under this Act shall be operated on a nonprofit basis. Each school shall, insofar as practicable, utilize in its lunch program commodities designated from time to time by the Secretary as being in abundance, either nationally or in the school area, or commodities donated by the Sec- retary. Commodities purchased under the authority of section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, may be donated by the Secretary to schools, in accordance with the needs as deter- mined by local school authorities, for utilization in the school-lunch program under this Act as well as to other schools carrying out non- profit school-lunch programs and institutions authorized to receive such commodities. SEC. 10. If, in any State, the State educational agency is not per- mitted by law to disburse the funds paid to it under this Act to non- profit private schools in the State, or is not permitted by law to match Federal funds made available for use by such nonprofit private schools, the Secretary shall withhold from the funds apportioned to any such State under sections 4 and 5 of this Act the same proportion of the funds as the number of children between the ages of five and seventeen, inclusive, attending nonprofit private schools within the State is of the total number of persons of those ages within the State attending school. The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within said State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to schools within the State by the State educational agency, including the requirement that any such payment or payments shall be matched, in the proportion specified in section 7 for such State, by funds from sources within the State expended by nonprofit private schools within the State participating in the school-lunch program under this Act. Such funds shall not be considered a part of the funds constituting the matching funds under the terms of section 7. MISCELLANEOUS PROVISIONS AND DEFINITIONS SEC. 11. (a) States, State educational agencies, and schools partici- pating in the school-lunch program under this Act shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this Act are being complied with. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary. (b) The Secretary shall incorporate, in his agreements with the State educational agencies, the express requirements under this Act with respect to the operation of the school-lunch program under this Act insofar as they may be applicable and such other provisions as in his opinion are reasonably necessary or appropriate to effectuate the purposes of this Act. (c) In carrying out the provisions of this Act, neither the Secre- tary nor the State shall impose any requirement with respect to teach- ing personnel, curriculum, instruction, methods of instruction, and 233 7U. S.C. §612c; Supp. V, § 612c note. Disbursement of funds to nonprofit private schools. Accounts and rec- ords. Operation of pro- gram. Teaching personnel, etc.
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