118 STAT. 741 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(II) WAIVER.—The requirements of subclause (I) shall be waived for a local educational agency if the local educational agency is using a tech nology based solution that demonstrates a high level of accuracy, to the satisfaction of the Sec retary, in processing an initial eligibility deter mination in accordance with the income eligibility guidelines of the school lunch program. ‘‘(ii) CORRECT ELIGIBILITY DETERMINATION.—If the review indicates that the initial eligibility determina tion is correct, the local educational agency shall verify the approved household application. ‘‘(iii) INCORRECT ELIGIBILITY DETERMINATION.—If the review indicates that the initial eligibility deter mination is incorrect, the local educational agency shall (as determined by the Secretary)— ‘‘(I) correct the eligibility status of the house hold; ‘‘(II) notify the household of the change; ‘‘(III) in any case in which the review indicates that the household is not eligible for free or reduced price meals, notify the household of the reason for the ineligibility and that the household may reapply with income documentation for free or reduced price meals; and ‘‘(IV) in any case in which the review indicates that the household is eligible for free or reduced price meals, verify the approved household applica tion. ‘‘(F) DIRECT VERIFICATION.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), to verify eligibility for free or reduced price meals for approved household applications selected for verification, the local educational agency may (in accordance with criteria established by the Secretary) first obtain and use income and program participation information from a public agency administering— ‘‘(I) the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); ‘‘(II) the food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)); ‘‘(III) the temporary assistance for needy fami lies program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ‘‘(IV) the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or ‘‘(V) a similar income tested program or other source of information, as determined by the Sec retary. ‘‘(ii) FREE MEALS.—Public agency records that may be obtained and used under clause (i) to verify eligi bility for free meals for approved household applica tions selected for verification shall include the most recent available information (other than information Records. Notification.
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