Page:United States Statutes at Large Volume 118.djvu/770

 118 STAT. 740 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(BB) 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)); and ‘‘(CC) a State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that the Secretary determines com plies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995. ‘‘(IV) CONDITIONS.—The conditions referred to in subclause (I) shall be met for a local educational agency for a school year if— ‘‘(aa) the nonresponse rate for the local educational agency for the preceding school year is less than 20 percent; or ‘‘(bb) the local educational agency has more than 20,000 children approved by application by the local educational agency as eligible for free or reduced price meals for the school year, as of October 1 of the school year, and— ‘‘(AA) the nonresponse rate for the preceding school year is at least 10 per cent below the nonresponse rate for the second preceding school year; or ‘‘(BB) in the case of the school year beginning July 2005, the local educational agency attempts to verify all approved household applications selected for verification through use of public agency records from at least 2 of the programs or sources of information described in subparagraph (F)(i). ‘‘(v) ADDITIONAL SELECTED APPLICATIONS.—A sample for a local educational agency for a school year under clauses (iii) and (iv)(III)(AA) shall include the number of additional randomly selected approved household applications that are required to comply with the sample size requirements in those clauses. ‘‘(E) PRELIMINARY REVIEW.— ‘‘(i) REVIEW FOR ACCURACY.— ‘‘(I) IN GENERAL.—Prior to conducting any other verification activity for approved household applications selected for verification, the local edu cational agency shall ensure that the initial eligi bility determination for each approved household application is reviewed for accuracy by an indi vidual other than the individual making the initial eligibility determination, unless otherwise deter mined by the Secretary.

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