Illinois General Assembly - Full Text of SB1400
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Full Text of SB1400  93rd General Assembly

SB1400eng 93rd General Assembly


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 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
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 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.
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 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 are eligible for free or reduced-price lunches based
16    upon the count on October 31.
17        During the 2002-2003 school year, the board of  education
18    of  each  school  district in the State shall determine which
19    schools within their districts will be required to  implement
20    a school breakfast program.
21        (b)  School districts may charge students who do not meet
22    federal  criteria  for free or reduced-price school meals for
23    the breakfasts served to these students within the  allowable
24    limits set by federal regulations.
25        (c)  School  breakfast  programs  established  under this
26    Section shall be supported  entirely  by  federal  funds  and
27    commodities,  charges to students and other participants, and
28    other available State and local  resources,  including  under
29    the School Breakfast and Lunch Program Act.

30        Section 20.  Summer food service program.
31        (a)  The  State  Board  of  Education  shall promulgate a
32    State plan for summer food  service  programs  in  accordance
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 1    with  42  U.S.C.  Sec.  1761 and any other applicable federal
 2    laws and regulations, by February 15, 2004.
 3        (b)  By the summer of 2004,  it  is  strongly  encouraged
 4    that  the  board of education of each school district in this
 5    State in which at least 50% of the students are eligible  for
 6    free  or  reduced-price  school  meals  operate a summer food
 7    service program or identify a non-profit or private agency to
 8    sponsor a summer  food  service  program  within  the  school
 9    district's boundaries.
10        (c)  Summer  food service programs established under this
11    Section may be supported by federal funds and commodities and
12    other available State and local resources.

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

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

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

31        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
32        Sec.  5.  Application  for  participation  in   programs.
33    Applications   for  participation  in  the  school  breakfast
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 1    program,  the  school  lunch  program,  the  free   breakfast
 2    program,  and  the  free  lunch  program, and the summer food
 3    service program shall be made on forms provided by the  State
 4    Board  of  Education  and filed with the State Board, through
 5    the Regional Superintendent of  Schools.  The  Department  of
 6    Human  Services  shall work with the State Board of Education
 7    to certify all children that are eligible for participation.
 8    (Source: P.A. 91-843, eff. 6-22-00.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.