Eligibility of transferred children; retroactive reimbursement

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) during 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 a grandparent or other relative and— (aa) 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) has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.; (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) during the 12-month period preceding the date on which the covered child is enrolled in the new school; and (II) who is a grandparent or other relative and— (aa) 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) has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.; and (4) by adding at the end the following: (E) Retroactive reimbursement (i) Definitions In this subparagraph: (I) Change in eligibility The term change in eligibility means, with respect to eligibility for the school lunch program under this Act— (aa) a change from eligibility for reduced price meals to eligibility for free meals; and (bb) a change from noneligibility to eligibility for free or reduced price meals. (II) Meal claim The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. (III) Previously submitted The term previously submitted, with respect to a meal claim, means a meal claim submitted on or after the retroactive date. (IV) Retroactive date The term retroactive date means the first day of the current school year. (ii) Retroactivity (I) Submission of meal claims A local educational agency shall— (aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and (bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). (II) Reimbursement by Secretary The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). (iii) Reimbursement to families A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child..