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B-111810 1 (1978-03-30)

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u-111810


.4    . T COMPYROLLE N USNsL
        OF  THE UNITEC STATUE
        WA   HiNGTON,  3. C. 20154
 blITJ-


MARt 3o S197


DATE:


MATTER   OF:    Natieal   leSl lach Program Orovelaim Against
                Mate of Plida

V IGEST:    ti0S Section 11 of the Nateaal Sool Lunch Act places
            the repetbity   ?Ur determining eligibility for these
            fuds an the States. thwe is a- vali basis for the $1. 7
            millin   erolalam agalst the State ot Florida an ln as
            the state Departmen t Education hd data which aoul
            reamably  support its conclusin hat M3 school dis-
            trifte were eligible for th especially ney ftnds
            provided Moder the NatachoL Lunca Program.

    The Secrtary at Atoultre  requested er aoerrece   in refueag
to pursue an overclaim a the am   at $1. T milin that was established
aaint  the State Ct Florida by the 0M1e ot Adilt, U. B. Departmet Of
Agricultuw (UW)A). The Federal finds were provMed to te Florida
fiate Department o rammlia by the Food and Nurton Service (YNS)
USDA.  after the State ageny determined tat the I1 school districts were
eLigible for epeally mee  feds witch were provided under sectlan
11 of the Natesal gcbool Lunch Act 42 U.S.C. 5 1750. (Supp. II, 1972)

   Accndinu  to the Secretary. darlag the 1972 -1973 school year. the
l1orida state Departmnst of Aextlea received cnpialnts of finanial
distras tram oertain school districts fist were participatIng in the
Nattanal Sehool Lamc Progam.  Under  is pragrasm. NS provides
funds amtood   assistance and agricultaral commoitUee to partlclpatag
schools in edsr to enae them to sem narittion lunche to studests.
42 U. . C. $ 175 et1 se* (1970 sad Supp. I. 1912). All at the districts
amnpIalaag of esAna.distress  cited te need to purease more food
ma order to atftet a decrease In UEDA dmated foods. [Additlaial funds
were provided by Courss to covr this ubortage Qt USDAaprovided
commodities (Act at March S0, 1973o Pub. L. No. 93-13. 87 Stat. 9)
but were not availel to the schcas at the time in question. The
addititnal fund, were distribated in April, 1973.1 In most cass,
ttancial problems were ompounded by rising food and labor costs.
   Special flancial assistance to schoolsserving reduced cost or free
lunches to obildre eligble under criteria established under section 9
of *he Act, 42 U. L 5C $1758 (Supp. 1, 1972) was availabe under
setems 11 of the Act, 42 U.S. C. 5 1759a (Bup. II 1972). In addition
to the special assistcace payments, which are allocated to States under
a femula, that section also provided fuds for especially needy
schools uWer subsection (e) which read, in pqrtinent part, as followst
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