B-152573, AUG. 11, 1964
Highlights
TO THE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO LETTER OF JUNE 26. IN WHICH WE HELD THAT KINDERGARTENS OPERATED BY NONPROFIT PRIVATE NURSERY SCHOOLS OR BY CHILD- CARE CENTERS WERE NOT ELIGIBLE TO PARTICIPATE IN THE SCHOOL LUNCH PROGRAM. THE CONCLUSION REACHED IN OUR EARLIER DECISION WAS BASED PRIMARILY ON THE FACT THAT PRIOR TO ENACTMENT OF THE NATIONAL SCHOOL LUNCH ACT. CHILD-CARE CENTERS WERE SPECIFICALLY AUTHORIZED TO PARTICIPATE IN SCHOOL LUNCH PROGRAMS CARRIED OUT PURSUANT TO AUTHORITY CONTAINED IN ANNUAL APPROPRIATION ACTS FOR THE DEPARTMENT OF AGRICULTURE. WHICH SUBSEQUENTLY WAS ENACTED AS THE NATIONAL SCHOOL LUNCH ACT. THE RELATED SENATE BILL CONTAINED NO PROVISION FOR CHILD-CARE CENTERS EXCEPT THOSE IN PUERTO RICO AND IT WAS THIS VERSION OF THE BILL WHICH WAS ENACTED INTO LAW.
B-152573, AUG. 11, 1964
TO THE SECRETARY OF AGRICULTURE:
REFERENCE IS MADE TO LETTER OF JUNE 26, 1964, FROM ASSISTANT SECRETARY GEORGE L. MEHREN, REQUESTING THAT WE GIVE FURTHER CONSIDERATION TO OUR DECISION OF NOVEMBER 4, 1963, B-152573, IN WHICH WE HELD THAT KINDERGARTENS OPERATED BY NONPROFIT PRIVATE NURSERY SCHOOLS OR BY CHILD- CARE CENTERS WERE NOT ELIGIBLE TO PARTICIPATE IN THE SCHOOL LUNCH PROGRAM.
THE NATIONAL SCHOOL LUNCH ACT, APPROVED JUNE 4, 1946, 60 STAT. 230, AS AMENDED, 42 U.S.C. 1751, DEFINES IN SECTION 12 (D) (7), 42 U.S.C. 1760 (D) (7), THE SCHOOLS AUTHORIZED TO PARTICIPATE IN THE PROGRAM AS BEING THOSE PUBLIC SCHOOLS AND NONPROFIT PRIVATE SCHOOLS OF HIGH SCHOOL GRADE OR UNDER AND INCLUDING, WITH RESPECT TO PUERTO RICO, NONPROFIT CHILD-CARE CENTERS CERTIFIED AS SUCH BY THE GOVERNOR OF PUERTO RICO.
THE CONCLUSION REACHED IN OUR EARLIER DECISION WAS BASED PRIMARILY ON THE FACT THAT PRIOR TO ENACTMENT OF THE NATIONAL SCHOOL LUNCH ACT, CHILD-CARE CENTERS WERE SPECIFICALLY AUTHORIZED TO PARTICIPATE IN SCHOOL LUNCH PROGRAMS CARRIED OUT PURSUANT TO AUTHORITY CONTAINED IN ANNUAL APPROPRIATION ACTS FOR THE DEPARTMENT OF AGRICULTURE. FURTHERMORE, THE BILL, H.R. 3370, 79TH CONG., WHICH SUBSEQUENTLY WAS ENACTED AS THE NATIONAL SCHOOL LUNCH ACT, CONTAINED, WHEN IT PASSED THE HOUSE, SPECIFIC AUTHORITY FOR CHILD-CARE CENTERS TO PARTICIPATE IN THE PROGRAM. HOWEVER, THE RELATED SENATE BILL CONTAINED NO PROVISION FOR CHILD-CARE CENTERS EXCEPT THOSE IN PUERTO RICO AND IT WAS THIS VERSION OF THE BILL WHICH WAS ENACTED INTO LAW.
IN ASKING THAT WE RECONSIDER THE MATTER, IT NOW IS URGED THAT---
"* * * A KINDERGARTEN AS SUCH MAY PROPERLY BE CONSIDERED A SCHOOL UNDER THE ACT WHEN IT IS RECOGNIZED AS A SCHOOL OF HIGH SCHOOL GRADE OR UNDER BY STATE STATUTE. ITS STATUS AS A SCHOOL FOR PURPOSES OF THE ACT SHOULD NOT BE AFFECTED BY THE FACT THAT IT IS OPERATED IN CONNECTION WITH, OR AS PART OF, A CHILD-CARE CENTER, IN THE SAME MANNER AS AN ELEMENTARY SCHOOL IS OPERATED IN CONNECTION WITH AN ORPHANAGE. IN SUCH CASES, OF COURSE, ONLY THE NUMBER OF CHILDREN IN THE ,SCHOOL" PORTION OF THE INSTITUTION WOULD BE ELIGIBLE AND FEDERAL ASSISTANCE WOULD BE PROVIDED ONLY FOR THE LUNCHES SERVED ON THOSE DAYS RECOGNIZED AS PART OF THE REGULAR SCHOOL TERM.'
IT IS TRUE THAT THE INCLUSION IN THE SCHOOL LUNCH PROGRAM OF KINDERGARTENS OPERATED BY CHILD-CARE CENTERS WOULD NOT BE PRECLUDED BY THE DEFINITION OF THE TERM "SCHOOL.' ALSO, WE FIND NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT TO INDICATE THAT ONLY THOSE KINDERGARTEN CLASSES OPERATED IN CONJUNCTION WITH HIGH OR GRADED SCHOOLS SHOULD BE PERMITTED TO PARTICIPATE IN THE PROGRAM. ACCORDINGLY, WHERE A KINDERGARTEN THAT IS OPERATED BY A DAY-CARE CENTER OR OTHER SIMILAR INSTITUTION IS RECOGNIZED AS A SCHOOL OF HIGH SCHOOL GRADE OR UNDER BY THE STATUTES OF THE STATE IN WHICH THE KINDERGARTEN IS LOCATED, WE WILL NOT NOW OBJECT IF SUCH KINDERGARTEN IS PROVIDED ASSISTANCE UNDER THE ACT TO THE EXTENT INDICATED IN THAT PORTION OF THE ASSISTANT SECRETARY'S LETTER QUOTED ABOVE. OUR EARLIER DECISION REFERRED TO ABOVE IS MODIFIED ACCORDINGLY.