SB2393eng 99TH GENERAL ASSEMBLY

SB2393 Engrossed LRB099 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) A school district is allowed to petition for an exemption of a school or schools from the breakfast after the bell program requirement if it is determined that, 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. The school district shall petition its regional superintendent of schools by February 15 of each year to request to be exempt from operating the breakfast after the bell program in the school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating a breakfast after the bell program, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a program to be cost prohibitive.

The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, by March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which schools an exemption was requested for and the results. If the regional superintendent grants an exemption, then the school district is relieved from the requirement to implement and operate a breakfast after the bell program in the school or schools granted an exemption for the next school year.

If the regional superintendent of schools does not grant an exemption, then the school district shall implement and operate a breakfast after the bell program in accordance with this Section by the first student attendance day of the next school year. However, the school district or a resident of the school district may, by April 15, appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the breakfast after the bell program requirement. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement and operate a breakfast after the bell program in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement and operate a breakfast after the bell program in accordance with this Section by the first student attendance day of the next school year.

A school district may not attempt to exempt a school or schools from the breakfast after the bell program requirement of this Section by requesting a waiver under Section 2-3.25g of the School Code.

(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 procedures and 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.

(g) In fulfilling its responsibilities under this Section, the State Board of Education shall collaborate with 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.