12 2 STA T . 112 8PUBLIC LA W 11 0– 2 34—M A Y 22 , 2008 ‘ ‘ (1)INGE NE RAL.—Exceptas p rovid edi n para g rap h ( 2 ) o f this s ub section and section 430 4(a)(2) of the F ood ,C onserva - tion, and Energ yA ct of 200 8 , each year, in se l ecting schools to participate in the progra m , each S tate shall— ‘‘(A) ensure that each school chosen to participate in the program is a school— ‘‘(i) in w hich not less than 5 0 percent of the stu- dents are eligible for free or reduced price meals under this Act
and ‘‘(ii) that submits an application in accordance with subparagraph ( D ); ‘‘( B ) to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligible for free or reduced price meals under this Act; ‘‘(C) ensure that each school selected is an elementary school (as defined in section 9 101 of the Elementary and Secondary Education Act of 19 6 5 (20 U .S.C. 7 801)); ‘‘(D) solicit applications from interested schools that include— ‘‘(i) information pertaining to the percentage of students enrolled in the school submitting the applica- tion who are eligible for free or reduced price school lunches under this Act; ‘‘(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or e q uivalent positions, as determined by the school); ‘‘(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and ‘‘(iv) such other information as may be requested by the Secretary; and ‘‘(E) encourage applicants to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry). ‘‘(2) E XC E PTIO N.—Clause (i) of paragraph (1)(A) shall not apply to a State if all schools that meet the requirements of that clause have been selected and the State does not have a sufficient number of additional schools that meet the require- ment of that clause. ‘‘(3) OU TREAC H TO LO W -INCO M E S CHOOLS.— ‘‘(A) IN GENERAL.— P rior to ma k ing decisions regarding school participation in the program, a State agency shall inform the schools within the State with the highest propor- tion of free and reduced price meal eligibility, including N ative American schools, of the eligibility of the schools for the program with respect to priority granted to schools with the highest proportion of free and reduced price eligi- bility under paragraph (1)(B). ‘‘(B) R E Q UIREMENT.—In providing information to schools in accordance with subparagraph (A), a State
�
