SB0637sam002 97TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 3/26/2012

09700SB0637sam002 LRB097 04401 NHT 67915 a

AMENDMENT TO SENATE BILL 637

AMENDMENT NO. ______. Amend Senate Bill 637, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, lines 4 and 5, by replacing "Section 27A-5.5" with "Sections 27A-5.5 and 27A-5.10"; and

on page 1, immediately below line 9, by inserting the following:

"(105 ILCS 5/27A-5.10 new)

Sec. 27A-5.10. Waiver of fees.

(a) The governing body of a charter school shall waive all fees assessed by the charter school on children whose parents are unable to afford them, including, but not limited to, children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (b) of this Section. The governing body of the charter school shall develop written policies and procedures implementing this Section in accordance with rules adopted by the State Board of Education.

(b) If the governing body of a charter school participates in a federally funded, school-based, child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based, child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving fees assessed by the charter school, then the governing body of the charter school must follow the verification requirements of the federally funded, school-based, child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245.6a).

If the governing body of a charter school establishes a process for the determination of eligibility for waiver of fees assessed by the charter school that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based, child nutrition program, then the governing body of the charter school may provide for fee waiver verification no more often than every 60 calendar days. Information obtained during the independent, fee waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based, child nutrition program.".