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42 U.S. Code § 1760. Miscellaneous provisions
(a) Accounts and records
States, State educational agencies, and schools participating in the school lunch program under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this chapter are being complied with. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary.
(b) Agreements
(1) In general
The Secretary shall incorporate, in the agreement of the Secretary with the State agencies and Indian Tribal organizations administering programs authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express requirements with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2) Expectations for use of fundsAgreements described in paragraph (1) shall include a provision that—
(A)
supports full use of Federal funds provided to State agencies and Indian Tribal organizations for the administration of programs authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
(B) excludes the Federal funds from State and Indian Tribal organization budget restrictions or limitations including, at a minimum—
(i)
hiring freezes;
(ii)
work furloughs; and
(iii)
travel restrictions.
(c) Requirements with respect to teaching personnel, curriculum, instruction, etc.
In carrying out the provisions of this chapter, the Secretary shall not impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school.
(d) DefinitionsFor the purposes of this chapter—
(1)Child.—
(A)In general.—The term “child” includes an individual, regardless of age, who—
(i)
is determined by a State educational agency, in accordance with regulations prescribed by the Secretary, to have one or more disabilities; and
(ii)
is attending any institution, as defined in section 1766(a) of this title, or any nonresidential public or nonprofit private school of high school grade or under, for the purpose of participating in a school program established for individuals with disabilities.
(B)Relationship to child and adult care food program.—
No institution that is not otherwise eligible to participate in the program under section 1766 of this title shall be considered eligible because of this paragraph.
(2)
“Commodity only schools” means schools that do not participate in the school lunch program under this chapter, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.