124 STAT. 3242 PUBLIC LAW 111–296—DEC. 13, 2010 SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS. Section 22(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c(b)) is amended by adding at the end the following: ‘‘(6) ELIGIBILITY DETERMINATION REVIEW FOR SELECTED LOCAL EDUCATIONAL AGENCIES.— ‘‘(A) IN GENERAL.—A local educational agency that has demonstrated a high level of, or a high risk for, administra- tive error associated with certification, verification, and other administrative processes, as determined by the Sec- retary, shall ensure that the initial eligibility determination for each application is reviewed for accuracy prior to noti- fying a household of the eligibility or ineligibility of the household for free or reduced price meals. ‘‘(B) TIMELINESS.—The review of initial eligibility deter- minations— ‘‘(i) shall be completed in a timely manner; and ‘‘(ii) shall not result in the delay of an eligibility determination for more than 10 operating days after the date on which the application is submitted. ‘‘(C) ACCEPTABLE TYPES OF REVIEW.—Subject to stand- ards established by the Secretary, the system used to review eligibility determinations for accuracy shall be con- ducted by an individual or entity that did not make the initial eligibility determination. ‘‘(D) NOTIFICATION OF HOUSEHOLD.—Once the review of an eligibility determination has been completed under this paragraph, the household shall be notified immediately of the determination of eligibility or ineligibility for free or reduced price meals. ‘‘(E) REPORTING.— ‘‘(i) LOCAL EDUCATIONAL AGENCIES.—In accordance with procedures established by the Secretary, each local educational agency required to review initial eligi- bility determinations shall submit to the relevant State agency a report describing the results of the reviews, including— ‘‘(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and ‘‘(II) such other information as the Secretary determines to be necessary. ‘‘(ii) STATE AGENCIES.—In accordance with proce- dures established by the Secretary, each State agency shall submit to the Secretary a report describing the results of the reviews of initial eligibility determina- tions, including— ‘‘(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and ‘‘(II) such other information as the Secretary determines to be necessary. ‘‘(iii) TRANSPARENCY.—The Secretary shall publish annually the results of the reviews of initial eligibility determinations by State, number, percentage, and type of error.’’. Publication. Procedures. Procedures. Standards.
