093_SB1400

                                     LRB093 10189 NHT 10443 b

 1        AN ACT concerning nutritional services for children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Childhood Hunger Relief Act.

 6        Section 5.  State policy  and  legislative  intent.   The
 7    General Assembly recognizes that hunger and food security are
 8    serious problems in the State of Illinois with as many as one
 9    million  citizens  being  affected.  These citizens have lost
10    their sense of food security. Food insecurity occurs whenever
11    the availability of nutritionally adequate and safe foods  or
12    the   ability   to   acquire  acceptable  foods  in  socially
13    acceptable ways is limited or uncertain. Hunger is a  painful
14    or uneasy sensation caused by a recurrent or involuntary lack
15    of   food   and  is  a  potential,  although  not  necessary,
16    consequence of food insecurity. Over time, hunger may  result
17    in  malnutrition.     It is estimated that just under 600,000
18    Illinois  children  experience  hunger  or  food  insecurity,
19    meaning that they either go without eating  meals,  or  their
20    parents  or  guardians  cannot provide the kinds of food they
21    need.  At  present,  the   Illinois   economy   is   steadily
22    experiencing  a  6%  unemployment rate, people are being laid
23    off who thought they had job security, and the unemployed are
24    remaining  unemployed  beyond  the  terms   of   unemployment
25    benefits.  Emergency  food providers throughout the State are
26    experiencing an  increase  in  the  number  of  working  poor
27    families   requesting   emergency  food.  In  November  2002,
28    Illinois was ranked 49th in the nation  in  providing  school
29    breakfasts  to  low-income  children of families who meet the
30    criteria  for  free  and   reduced-price   lunches.   Because
31    low-income  children are not being adequately nourished, even
 
                            -2-      LRB093 10189 NHT 10443 b
 1    to the point where many are arriving at  school  hungry,  the
 2    General  Assembly  believes  it  is  in  the best interest of
 3    Illinois to  utilize  resources  available  through  existing
 4    child nutrition programs, to the fullest extent possible.
 5        The   General   Assembly   also   recognizes  a  definite
 6    correlation between adequate child nutrition  and  a  child's
 7    physical,  emotional,  and  cognitive  development.  There is
 8    also a correlation between adequate nutrition and  a  child's
 9    ability  to  perform  well in school. Documented research has
10    proven that school breakfasts improve attendance and increase
11    a child's readiness to learn.  In this  regard,  the  General
12    Assembly  realizes  the  importance  of  the  National School
13    Breakfast Program and the  Summer  Food  Service  Program  as
14    effective  measures that must be widely implemented to ensure
15    more adequate nutrition for Illinois children.

16        Section 10.  Definitions.  In this Act:
17        "Hunger" means a symptom of poverty caused by a  lack  of
18    resources  that  prevents  the  purchasing of a nutritionally
19    adequate diet resulting  in  a  chronic  condition  of  being
20    undernourished.
21        "Food   insecurity"   means   a   limited   or  uncertain
22    availability of nutritionally adequate foods.
23        "Food security" means ensured access to enough  food  for
24    an active, healthy life.
25        "School   Breakfast  Program"  means  the  federal  child
26    nutrition entitlement program  that  helps  serve  nourishing
27    low-cost  breakfast meals to school children.  In addition to
28    cash assistance, participating schools get USDA-donated foods
29    and technical guidance.  Payments to schools are  higher  for
30    meals  served to children who qualify, on the basis of family
31    size and  income,  for  free  or  reduced-price  meals.   The
32    program  is  administered  in  Illinois by the State Board of
33    Education.
 
                            -3-      LRB093 10189 NHT 10443 b
 1        "Summer Food Service Program"  means  the  federal  child
 2    nutrition  entitlement  program  that helps communities serve
 3    meals to needy children when school is not in  session.   The
 4    USDA reimburses sponsors for operating costs of food services
 5    up  to  a  specific  maximum  rate  for each meal served.  In
 6    addition, sponsors receive some  reimbursement  for  planning
 7    and   supervising  expenses.   The  program  in  Illinois  is
 8    administered by the State Board of Education.

 9        Section 15.  School breakfast program.
10        (a)  By September 1, 2003, the board of education of each
11    school district  in  this  State  shall  implement  a  school
12    breakfast  program  if a breakfast program does not currently
13    exist, in accordance with federal guidelines in  each  school
14    within  its  district  in  which  at least 40% or more of the
15    students receive free or reduced-price lunches.   The  school
16    district  and  the individual schools shall develop a written
17    plan to administer the breakfast program, on  forms  provided
18    by  the  State  Board of Education, that includes objectives,
19    specific  services  and  activities,   and   assessment   and
20    reporting procedures.
21        During  the 2002-2003 school year, the board of education
22    of each school district in the State  shall  determine  which
23    schools  within their districts will be required to implement
24    a school breakfast program.
25        (b)  By September 1, 2004, the board of education of each
26    school district  in  this  State  shall  implement  a  school
27    breakfast  program  in  accordance with federal guidelines in
28    each school within its district in which 20% or more  of  the
29    students receive free or reduced-price lunches if a breakfast
30    program  does  not  currently exist.  The school district and
31    the individual  schools  shall  develop  a  written  plan  to
32    administer  the  breakfast  program that includes objectives,
33    specific  services  and  activities,   and   assessment   and
 
                            -4-      LRB093 10189 NHT 10443 b
 1    reporting procedures.
 2        (c)  By September 1, 2005, the board of education of each
 3    school  district  in  this  State  shall  implement  a school
 4    breakfast program in accordance with  federal  guidelines  in
 5    each  school  within  its  district  in  which a school lunch
 6    program is provided if a breakfast program does not currently
 7    exist.  The school district and the individual schools  shall
 8    develop  a  written  plan to administer the breakfast program
 9    that includes objectives, specific services  and  activities,
10    and assessment and reporting procedures.
11        (d)  School districts may charge students who do not meet
12    federal  criteria  for free or reduced-price school meals for
13    the breakfasts served to these students within the  allowable
14    limits set by federal regulations.
15        (e)  School  breakfast  programs  established  under this
16    Section shall be supported  entirely  by  federal  funds  and
17    commodities,  charges to students and other participants, and
18    other available State and local  resources,  including  under
19    the School Breakfast and Lunch Program Act.

20        Section 20.  Summer food service program.
21        (a)  The  State  Board  of  Education  shall promulgate a
22    State plan for summer food  service  programs  in  accordance
23    with  42  U.S.C.  Sec.  1761 and any other applicable federal
24    laws and regulations, by February 15, 2004.
25        (b)  By the summer of 2004, the  board  of  education  of
26    each  school  district in this State in which at least 50% of
27    the students receive free or reduced-price school meals shall
28    operate a summer  food  service  program  or  ensure  that  a
29    sponsor  for  a  summer  food service program operates within
30    that district.
31        (c)  Summer  school  food  service  programs  established
32    under this Section shall be supported by  federal  funds  and
33    commodities,  charges to students and other participants, and
 
                            -5-      LRB093 10189 NHT 10443 b
 1    other available State and local  resources,  including  under
 2    the School Free Lunch Program Act.

 3        Section  95.   The School Breakfast and Lunch Program Act
 4    is amended by changing Sections 2.5 4, and 5 as follows:

 5        (105 ILCS 125/2.5)
 6        Sec. 2.5.  Breakfast incentive program.  The State  Board
 7    of   Education  shall  fund  a  breakfast  incentive  program
 8    comprised of the components described in paragraphs (1), (2),
 9    and  (3)  of  this  Section,   provided   that   a   separate
10    appropriation  is made for the purposes of this Section.  The
11    State Board of Education may allocate the appropriation among
12    the program components in whatever manner the State Board  of
13    Education  finds  will  best  serve  the  goal  of increasing
14    participation in school breakfast programs.  If the amount of
15    the appropriation allocated under paragraph (1), (2), or  (3)
16    of  this Section is insufficient to fund all claims submitted
17    under  that  particular  paragraph,  the  claims  under  that
18    paragraph shall be prorated.
19             (1)  The State Board of Education may reimburse each
20        sponsor of a school breakfast program an additional $0.10
21        for each free, reduced-price, and paid  breakfast  served
22        over  and  above  the number of such breakfasts served in
23        the same month during the preceding year,  provided  that
24        the number of breakfasts served in a participating school
25        building  by  the  sponsor  in that month is at least 10%
26        greater than the number of breakfasts served in the  same
27        month during the preceding year.
28             (2)  The State Board of Education may make grants to
29        school  boards  and welfare centers that agree to start a
30        school breakfast program in one or more schools or  other
31        sites.  First priority for these grants shall be given to
32        schools  in  which  40% 50% or more of their students are
 
                            -6-      LRB093 10189 NHT 10443 b
 1        eligible for free  and  reduced  price  meals  under  the
 2        National  School  Lunch  Act  (42  U.S.C.  1751 et seq.).
 3        Depending on the availability of funds and  the  rate  at
 4        which  funds  are  being  utilized,  the  State  Board of
 5        Education is authorized to allow  additional  schools  or
 6        other   sites   to   receive  these  grants.   In  making
 7        additional grants, the State  Board  of  Education  shall
 8        provide  for  priority  to  be  given to schools with the
 9        highest percentage of  students  eligible  for  free  and
10        reduced  price  lunches  under  the National School Lunch
11        Act.  The amount of the grant shall be  $3,500  for  each
12        qualifying  school  or  site  in which a school breakfast
13        program is started.  The grants shall be used to pay  the
14        start-up   costs   for   the  school  breakfast  program,
15        including equipment, supplies, and program promotion, but
16        shall not be used for food,  labor,  or  other  recurring
17        operational  costs.  Applications for the grants shall be
18        made to the State Board of Education on forms  designated
19        by  the State Board of Education.  Any grantee that fails
20        to operate a school breakfast  program  for  at  least  3
21        years after receipt of a grant shall refund the amount of
22        the grant to the State Board of Education.
23             (3)  The  State  Board  of Education may reimburse a
24        school  board  for  each  free,  reduced-price,  or  paid
25        breakfast served in a school breakfast program located in
26        a school in  which  80%  or  more  of  the  students  are
27        eligible  to  receive free or reduced price lunches under
28        the National School Lunch Act (42 U.S.C. 1751 et seq.) in
29        an amount equal to the difference between (i) the current
30        amount reimbursed by the federal government  for  a  free
31        breakfast  and (ii) the amount actually reimbursed by the
32        federal government for that free, reduced-price, or  paid
33        breakfast.   A  school  board that receives reimbursement
34        under this paragraph (3) shall not  be  eligible  in  the
 
                            -7-      LRB093 10189 NHT 10443 b
 1        same year to receive reimbursement under paragraph (1) of
 2        this Section.
 3    (Source: P.A. 91-843, eff. 6-22-00.)

 4        (105 ILCS 125/4) (from Ch. 122, par. 712.4)
 5        Sec.  4.  Accounts;  copies  of  menus served; free lunch
 6    program required; report.  School boards and welfare  centers
 7    shall  keep an accurate, detailed and separate account of all
 8    moneys expended for school breakfast programs,  school  lunch
 9    programs,  free  breakfast programs, and free lunch programs,
10    and summer food service programs,  and  of  the  amounts  for
11    which  they are reimbursed by any governmental agency, moneys
12    received from students and from any other contributors to the
13    program.  School boards and welfare centers shall  also  keep
14    on  file a copy of all menus served under the programs, which
15    together with all  records  of  receipts  and  disbursements,
16    shall be made available to representatives of the State Board
17    of Education at any time.
18        Every public school must have a free lunch program.
19        In  2001  and in each subsequent year, the State Board of
20    Education shall provide  to  the  Governor  and  the  General
21    Assembly,  by  a  date  not later than March 1, a report that
22    provides all of the following:
23             (1)  A list by school district of all  schools,  the
24        total  student  enrollment,  and  the  number of children
25        eligible for free, reduced price, and paid breakfasts and
26        lunches.
27             (2)  A list of schools that have  started  breakfast
28        programs  during  the past year along with information on
29        which schools have utilized the  $3,500  start-up  grants
30        and the additional $0.10 per meal increased participation
31        incentives established under Section 2.5 of this Act.
32             (3)  A  list  of  schools  that have used the school
33        breakfast program option outlined in this Act, a list  of
 
                            -8-      LRB093 10189 NHT 10443 b
 1        schools  that  have  exercised Provision Two or Provision
 2        Three under the Child Nutrition Act of  1966  (42  U.S.C.
 3        1771  et  seq.),  and a list of schools that have dropped
 4        either school lunch or school breakfast  programs  during
 5        the past year and the reasons why.
 6        In  2001,  2003,  and  2005  the  report required by this
 7    Section shall also include  information  that  documents  the
 8    results  of surveys designed to identify parental interest in
 9    school  breakfast  programs   and   documents   barriers   to
10    establishing  school  breakfast  programs.   To  develop  the
11    surveys  for school administrators and for parents, the State
12    Board of Education shall work in coordination with the  State
13    Board  of  Education's  Child  Nutrition Advisory Council and
14    local committees that involve parents, teachers,  principals,
15    superintendents,   business,   and   anti-hunger   advocates,
16    organized by the State Board of Education to foster community
17    involvement.   The  State Board of Education is authorized to
18    distribute the surveys in all  schools  where  there  are  no
19    school breakfast programs.
20    (Source: P.A. 91-843, eff. 6-22-00.)

21        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
22        Sec.   5.  Application  for  participation  in  programs.
23    Applications  for  participation  in  the  school   breakfast
24    program,   the  school  lunch  program,  the  free  breakfast
25    program, and the free lunch  program,  and  the  summer  food
26    service  program shall be made on forms provided by the State
27    Board of Education and filed with the  State  Board,  through
28    the Regional Superintendent of Schools.
29        A  school  district  shall  certify  any  child that is a
30    member of a household receiving food stamps or a member of  a
31    family  receiving  assistance  under the Temporary Assistance
32    for Needy Families program as eligible for free meals without
33    any further application process or the consent of the child's
 
                            -9-      LRB093 10189 NHT 10443 b
 1    parent or guardian.  Information about a child's status shall
 2    be provided by the Department of Human Services to  a  school
 3    district  upon  written request.  A school district shall not
 4    use this information for any purpose other  than  determining
 5    eligibility.
 6    (Source: P.A. 91-843, eff. 6-22-00.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.