Extended eligibility
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Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: (C) Eligibility of transferred children (i) Definition of covered child In this subparagraph, the term covered child means a child that— (I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the original local educational agency); and (II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the new local educational agency). (ii) Eligibility An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). (iii) Extension of duration A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.; and (3) in subparagraph (D) (as so redesignated)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking Except as and all that follows through (3)(H)(ii) and inserting the following: (i) In general Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3); and (C) by adding at the end the following: (ii) Extension for certain children A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law..