Measure of poverty

Section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)) is amended— (1) in subparagraph (A), by striking the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and inserting the number of children from low-income backgrounds, identified under subparagraph (D); and (2) by adding at the end the following: (D) Identification of children from low-income backgrounds (i) In general A local educational agency or State agency, for the purpose of identifying children from low-income backgrounds enrolled in a school served by a local educational agency, may— (I) maintain a record, with respect to each student for whom the local educational agency provides a free public education that contains the information collected from the survey described in clause (iii); (II) distribute and collect a student survey based on the template developed under clause (iii) to identify children from low-income backgrounds; and (III) utilize direct certification data described in clause (iv)(I) to identify children from low-income backgrounds. (ii) Privacy (I) In general All individual data collected under this subparagraph shall be protected by the local educational agency or State agency in a manner consistent with all applicable local, State, and Federal privacy laws. (II) Reporting data Only aggregated data, which may include data disaggregated at the school, local educational agency, or State level, shall be reported to the Secretary at such time and in such manner as the Secretary may reasonably require. (iii) Survey Not later than 180 days after the date of enactment of the Universal School Meals Program Act of 2026, the Secretary, in consultation with the Secretary of Agriculture, shall develop a template survey— (I) to identify children from low-income backgrounds that contains only the information necessary to identify a child as a child from a low-income background by using the criteria of eligibility for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, as such criteria were in effect on September 30, 2022; and (II) that shall be designed to be easily accessible and in a user-friendly manner. (iv) Transition authority from FRPL to ESEA measures The Secretary, in coordination with the Secretary of Agriculture, shall have the authority to take such steps as are necessary to provide for the orderly transition to, and implementation of— (I) activities that are necessary for the continuity of direct certification carried out by local educational agencies and State agencies specified in paragraphs (4), (5), and (15) section 9(b) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022, for the purposes of identifying any child eligible for free or reduced priced lunch under such Act, as in effect on such date, as a child from a low-income background; (II) procedures for verification of information collected under this subparagraph, which may include procedures modeled on the requirement specified in section 9(b)(3) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022; and (III) data privacy provisions for information collected under this subparagraph, in accordance with the requirements specified in section 9(b)(6) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022. (v) Special rule For the purposes of subparagraph (A), a local educational agency may determine the number of children from low-income backgrounds enrolled in a school served by such agency using one or more of the following methods: (I) Results from surveys specified in clause (i)(II). (II) Direct certification data specified in clause (i)(III). (III) Utilization of both methods described in subclauses (I) and (II)..