Page:United States Statutes at Large Volume 118.djvu/766

 118 STAT. 736 PUBLIC LAW 108–265—JUNE 30, 2004 child for whom application for free or reduced price meal benefits is made or for whom eligibility information is provided under paragraph (3)(F), (4), or (5), unless the consent of the parent or guardian of the child for whom application for benefits was made is obtained. ‘‘(C) CRIMINAL PENALTY.—A person described in subparagraph (A) who publishes, divulges, discloses, or makes known in any manner, or to any extent not author ized by Federal law (including a regulation), any informa tion obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. ‘‘(D) REQUIREMENTS FOR WAIVER OF CONFIDEN TIALITY.—A State that elects to exercise the option described in subparagraph (A)(iv)(I) shall ensure that any local educational agency or school food authority acting in accordance with that option— ‘‘(i) has a written agreement with 1 or more State or local agencies administering health programs for children under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.) that requires the health agencies to use the information obtained under subparagraph (A) to seek to enroll chil dren in those health programs; and ‘‘(ii)(I) notifies each household, the information of which shall be disclosed under subparagraph (A), that the information disclosed will be used only to enroll children in health programs referred to in subpara graph (A)(iv); and ‘‘(II) provides each parent or guardian of a child in the household with an opportunity to elect not to have the information disclosed. ‘‘(E) USE OF DISCLOSED INFORMATION.—A person to which information is disclosed under subparagraph (A)(iv)(I) shall use or disclose the information only as nec essary for the purpose of enrolling children in health pro grams referred to in subparagraph (A)(iv). ‘‘(7) FREE AND REDUCED PRICE POLICY STATEMENT.— ‘‘(A) IN GENERAL.—After the initial submission, a local educational agency shall not be required to submit a free and reduced price policy statement to a State educational agency under this Act unless there is a substantive change in the free and reduced price policy of the local educational agency. ‘‘(B) ROUTINE CHANGE.—A routine change in the policy of a local educational agency (such as an annual adjustment of the income eligibility guidelines for free and reduced price meals) shall not be sufficient cause for requiring the local educational agency to submit a policy statement. ‘‘(8) COMMUNICATIONS.— ‘‘(A) IN GENERAL.—Any communication with a house hold under this subsection or subsection (d) shall be in an understandable and uniform format and, to the max imum extent practicable, in a language that parents and legal guardians can understand. ‘‘(B) ELECTRONIC AVAILABILITY.—In addition to the dis tribution of applications and descriptive material in paper form as provided for in this paragraph, the applications

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