Illinois General Assembly

Previous General Assemblies

Public Act 099-0850


 

Public Act 0850 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0850
 
SB2393 EnrolledLRB099 19267 NHT 43659 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Childhood Hunger Relief Act is amended by
adding Section 16 as follows:
 
    (105 ILCS 126/16 new)
    Sec. 16. Breakfast after the bell program.
    (a) For the purposes of this Section, "breakfast after the
bell" means breakfast is provided to children after the
instructional day has officially begun. This term does not
prohibit schools from also providing breakfast before the
instructional day begins.
    (b) The board of education of each school district in this
State shall implement and operate a breakfast after the bell
program by the first school day of the next academic year after
the effective date of this amendatory Act of the 99th General
Assembly, if a breakfast after the bell program does not
currently exist, in each school building within its district
(1) in which at least 70% or more of the students are eligible
for free or reduced-price lunches based upon the previous
year's October claim (for those schools that participate in the
National School Lunch Program); (2) in which at least 70% or
more of the students are classified as low-income according to
the Fall Housing Data from the previous year (for those schools
that do not participate in the National School Lunch Program);
or (3) that has an individual site percentage for free or
reduced-price meals of 70% or more (for those schools using
Provision 2 under Section 11(a)(1) of the federal Richard B.
Russell National School Lunch Act or the Community Eligibility
Provision under Section 104(a) of the federal Healthy,
Hunger-Free Kids Act of 2010 to provide universal meals). If a
school falls below the applicable 70% threshold for 2
consecutive years, it has the option to continue participating
in the program, but is not required to do so.
    (c) Each school under this Section may determine the
breakfast after the bell service model that best suits its
students. Service models include, but are not limited to,
breakfast in the classroom, grab and go breakfast, and
second-chance breakfast.
    (d) School districts required to implement a breakfast
after the bell program provided for under this Section that
demonstrate that (i) they are delivering school breakfast
effectively, as defined by 70% or more of free or reduced-price
eligible students participating in the School Breakfast
Program, or (ii) due to circumstances specific to that school
district, the expense reimbursement would not fully cover the
costs of implementing and operating a breakfast after the bell
program may be relieved of the delivery model requirement
provided for in this Section after a cost analysis is submitted
to the board of education of the district, the board of
education holds a public hearing, and the board of education
passes a resolution that the district cannot afford to operate
a breakfast after the bell program. The district shall post
information that sets forth the time, date, place, and general
subject matter of the public hearing on its website and notify
the State Board of Education at least 14 days prior to the
hearing.
    (e) Before the beginning of the next academic year after
the effective date of this amendatory Act of the 99th General
Assembly, the State Board of Education shall develop and
distribute guidelines for the implementation of this Section,
which must be in compliance with federal regulations governing
the school breakfast program.
    (f) The State Board of Education shall annually collect
information about breakfast after the bell delivery models
implemented at each school and make the information publicly
available. Final resolutions approving a breakfast after the
bell exemption must be submitted by the board of education of
the district to the State Board of Education upon passage.
    (g) In fulfilling its responsibilities under this Section,
the State Board of Education shall collaborate with school
districts and nonprofit organizations knowledgeable about
equity, the opportunity gap, hunger and food security issues,
and best practices for improving student access to school
breakfast. The State Board of Education shall collaborate with
nonprofit organizations knowledgeable about food security
issues and best practices for improving access to school
breakfast to create and post a list of opportunities for
philanthropic support of school breakfast programs on its
website. This information must also be shared with school
districts.
 
    Section 99. Effective date. This Act takes effect January
1, 2017.

Effective Date: 1/1/2017