Full Text of SB1957 96th General Assembly
SB1957 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1957
Introduced 2/20/2009, by Sen. Deanna Demuzio SYNOPSIS AS INTRODUCED: |
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105 ILCS 125/2.5 |
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105 ILCS 125/4 |
from Ch. 122, par. 712.4 |
105 ILCS 126/15 |
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Amends the School Breakfast and Lunch Program Act and the Childhood Hunger
Relief Act. Makes changes concerning the 3 components of the breakfast incentive program, including changing one of the components to a non-traditional breakfast incentive. Provides that in 2010 (instead of 2001) and in each subsequent year, the State Board of Education shall provide to the Governor and the General Assembly, by a date not later than April 1 (instead of March 1), a report concerning schools and free, reduced price, and paid breakfasts and lunches; makes changes with respect to the content of the report. Makes changes concerning the school breakfast program under the Childhood Hunger Relief Act, including when and at which schools the program must be implemented and operated and opting out a school or schools from the school breakfast program requirement. Effective July 1, 2009.
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A BILL FOR
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SB1957 |
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LRB096 04827 NHT 14892 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Breakfast and Lunch Program Act is | 5 |
| amended by changing Sections 2.5 and 4 as follows: | 6 |
| (105 ILCS 125/2.5)
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| Sec. 2.5. Breakfast incentive program. The State Board of
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| Education shall fund a breakfast incentive program comprised of | 9 |
| the
components described in paragraphs (1), (2), and (3) of | 10 |
| this Section,
provided that a separate appropriation is made | 11 |
| for the purposes of this
Section. The State Board of Education | 12 |
| may allocate the appropriation
among the program components in | 13 |
| whatever manner the State Board of
Education finds will best | 14 |
| serve the goal of increasing participation in
school breakfast | 15 |
| programs. If the amount of the appropriation allocated
under | 16 |
| paragraph (1), (2), or (3) of this Section is insufficient to | 17 |
| fund all
claims submitted under that particular paragraph, the | 18 |
| claims under that
paragraph shall be prorated.
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| (1) Additional funding incentive. The State Board of | 20 |
| Education may reimburse each
sponsor of a school breakfast | 21 |
| program at least an additional $0.10 for each
free, | 22 |
| reduced-price, and paid breakfast served over and above the
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| number of such breakfasts served in the same month during |
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| the
preceding year , provided that the number of breakfasts | 2 |
| served in a
participating school building in that month is | 3 |
| at least 10% greater than the number
of breakfasts served | 4 |
| in the same month during the preceding year .
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| (2) Start-up incentive. The State Board of Education | 6 |
| may make grants to school
boards and welfare centers that | 7 |
| agree to start a school breakfast
program in one or more | 8 |
| schools or other sites.
First priority for these grants | 9 |
| shall be given through August 15 to schools in which 40% or
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| more of their
students are eligible for free and reduced | 11 |
| price meals , based on the school district's previous year's | 12 |
| October claim, under the National
School Lunch
Act (42 | 13 |
| U.S.C. 1751 et seq.). Depending on the availability of | 14 |
| funds and the
rate at
which funds are being utilized, the | 15 |
| State Board of Education is authorized to
allow additional | 16 |
| schools or other sites to receive these
grants in the order | 17 |
| in which they are received by the State Board of Education . | 18 |
| In
making additional grants, the State Board of Education
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| shall
provide for priority to be given to schools with the | 20 |
| highest percentage of
students eligible
for free and | 21 |
| reduced price lunches under the National School Lunch Act.
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| The amount of the grant shall be $3,500 for
each qualifying | 23 |
| school or site in which a school breakfast program
is | 24 |
| started. The grants shall be used to pay the start-up costs | 25 |
| for
the school breakfast program, including equipment, | 26 |
| supplies, and
program promotion, but shall not be used for |
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| food, labor, or other
recurring operational costs. | 2 |
| Applications for the grants shall be
made to the State | 3 |
| Board of Education on forms designated by the
State Board | 4 |
| of Education. Any grantee that fails to operate a
school | 5 |
| breakfast program for at least 3 years after receipt of a
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| grant shall refund the amount of the grant to the State | 7 |
| Board of
Education.
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| (3) Non-traditional breakfast incentive. Understanding | 9 |
| that there are barriers to implementing a school breakfast | 10 |
| program in a traditional setting such as in a cafeteria, | 11 |
| the State Board of Education may make grants to school | 12 |
| boards and welfare centers to offer the school breakfast | 13 |
| program in non-traditional settings or using | 14 |
| non-traditional methods. Priority will be given to | 15 |
| applications through August 15 of each year from schools | 16 |
| that are on the Early Academic Warning List. Depending on | 17 |
| the availability of funds and the rate at which funds are | 18 |
| being utilized, the State Board of Education is authorized | 19 |
| to allow additional schools or other sites to receive these | 20 |
| grants in the order in which they are received by the State | 21 |
| Board of Education. The State Board of Education may | 22 |
| reimburse a school
board for each free, reduced-price, or | 23 |
| paid breakfast served in a
school breakfast program located | 24 |
| in a school in which 80% or more
of the students are | 25 |
| eligible to receive free or reduced price lunches
under the | 26 |
| National School Lunch Act (42 U.S.C. 1751 et seq.) in an
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| amount equal to the difference between (i) the current | 2 |
| amount
reimbursed by the federal government for a free | 3 |
| breakfast and (ii)
the amount actually reimbursed by the | 4 |
| federal government for that
free, reduced-price, or paid | 5 |
| breakfast. A school board that receives
reimbursement | 6 |
| under this paragraph (3) shall not be eligible in the
same | 7 |
| year to receive reimbursement under paragraph (1) of this
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| Section.
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| (Source: P.A. 93-1086, eff. 2-15-05; 94-981, eff. 6-30-06.)
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| (105 ILCS 125/4) (from Ch. 122, par. 712.4)
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| Sec. 4. Accounts; copies of menus served; free lunch | 12 |
| program required;
report. School boards and welfare centers | 13 |
| shall keep an accurate, detailed
and separate account of all | 14 |
| moneys expended for school breakfast programs,
school lunch | 15 |
| programs, free breakfast programs, free lunch programs,
and | 16 |
| summer food service programs,
and of the amounts for which they | 17 |
| are reimbursed by any governmental agency,
moneys received from | 18 |
| students and from any other contributors to the program.
School | 19 |
| boards and welfare centers shall also keep on file a copy of | 20 |
| all menus
served under the programs, which together with all | 21 |
| records of receipts and
disbursements, shall be made available | 22 |
| to representatives of the State Board
of Education at any time.
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| Every public school must have a free lunch program.
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| In 2010 2001 and in each subsequent year, the State Board | 25 |
| of Education
shall provide to the Governor and the General |
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| Assembly, by a date not later
than April March 1, a report that | 2 |
| provides all of the following:
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| (1) A list by school district of (i) all schools | 4 |
| participating in the school breakfast program , (ii) all | 5 |
| schools' the total student
enrollment, (iii) all schools' | 6 |
| and the number of children eligible for free, reduced | 7 |
| price,
and paid breakfasts and lunches , (iv) all schools' | 8 |
| incentive moneys received, and (v) all schools' | 9 |
| participation in Provision Two or Provision Three under the | 10 |
| Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) .
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| (2) (Blank). A list of schools that have started | 12 |
| breakfast programs during the
past year along with | 13 |
| information on which schools have utilized the $3,500
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| start-up grants and the additional $0.10 per meal increased | 15 |
| participation
incentives established under Section 2.5 of | 16 |
| this Act.
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| (3) A list of schools that have used the school | 18 |
| breakfast program
option outlined in this Act, a list of | 19 |
| schools that have exercised Provision
Two or Provision | 20 |
| Three under the Child Nutrition Act of 1966 (42 U.S.C. 1771
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| et seq.), a list of schools that have dropped a either | 22 |
| school lunch or
school breakfast program programs during | 23 |
| the past year and the reason or reasons why . , and | 24 |
| (3.5) A a list of school districts and schools granted | 25 |
| an exemption from a regional superintendent of schools for | 26 |
| operating a school breakfast program in the next year and |
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| the reason or reasons why .
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| In 2007, 2009, and 2011 the report required by this Section | 3 |
| shall also
include information that documents the results of | 4 |
| surveys designed to identify
parental interest in school | 5 |
| breakfast programs and documents barriers to
establishing | 6 |
| school breakfast programs. To develop the surveys for school
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| administrators and for parents, the State Board of Education | 8 |
| shall work with local committees that involve parents, | 9 |
| teachers, principals,
superintendents, business, and | 10 |
| anti-hunger advocates, organized by the State
Board of | 11 |
| Education to foster community involvement. The State Board of
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| Education is authorized to distribute the surveys in all | 13 |
| schools where there
are no school breakfast programs.
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| (Source: P.A. 93-1086, eff. 2-15-05; 94-981, eff. 6-30-06.)
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| Section 10. The Childhood Hunger
Relief Act is amended by | 16 |
| changing Section 15 as follows: | 17 |
| (105 ILCS 126/15)
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| Sec. 15. School breakfast program.
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| (a) The Within 90 days after the effective date of this | 20 |
| amendatory Act of the 93rd General Assembly and then each | 21 |
| school year thereafter, the board of education of each school | 22 |
| district in
this State shall implement and operate a school | 23 |
| breakfast program in the next school year , if a breakfast | 24 |
| program
does not currently exist, in accordance with
federal |
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| guidelines in each school building within
its district in which | 2 |
| at least 40% or more of the
students are eligible for free or | 3 |
| reduced-price lunches based upon the current year's count on
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| October claim 31 of the previous year (for those schools that | 5 |
| participate in the National School Lunch Program) or in which | 6 |
| at least 40% or more of the students are classified as | 7 |
| low-income according to the Fall Housing Data from the previous | 8 |
| year (for those schools that do not participate in the National | 9 |
| School Lunch Program).
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| Using the data from the previous school year, the board of | 11 |
| education of each school
district in the State shall determine | 12 |
| which schools within their districts
will be required to | 13 |
| implement and operate a school breakfast program.
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| (b) School districts may charge students who do not meet | 15 |
| federal
criteria for free school meals
for the breakfasts | 16 |
| served to these students within the allowable
limits set by | 17 |
| federal regulations.
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| (c) School breakfast programs established under this | 19 |
| Section shall be
supported entirely by federal funds and | 20 |
| commodities, charges to students
and other participants, and | 21 |
| other available State and local resources,
including under the | 22 |
| School Breakfast and Lunch Program Act.
Allowable costs for | 23 |
| reimbursement to school districts, in accordance with the | 24 |
| United States Department of Agriculture, include compensation | 25 |
| of employees for the time devoted and identified specifically | 26 |
| to implement the school breakfast program; the cost of |
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| materials acquired, consumed, or expended specifically to | 2 |
| implement the school breakfast program; equipment and other | 3 |
| approved capital expenditures necessary to implement the | 4 |
| school breakfast program; and transportation expenses incurred | 5 |
| specifically to implement and operate the school breakfast | 6 |
| program. | 7 |
| (d) A school district shall be allowed to opt out a school | 8 |
| or schools from of the school breakfast program requirement of | 9 |
| this Section if it is determined that, due to circumstances | 10 |
| specific to that school district, the expense
reimbursement | 11 |
| would not fully cover the costs of implementing and operating a
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| school breakfast program. The school district shall petition | 13 |
| its regional superintendent of schools by February November 15 | 14 |
| of each year to request to be exempt
from operating the school | 15 |
| breakfast program in the school or schools in the next school | 16 |
| year requirement . The petition shall include all legitimate | 17 |
| costs associated with implementing and operating a school | 18 |
| breakfast program, the estimated reimbursement from State and | 19 |
| federal sources, and any unique circumstances the school | 20 |
| district can verify that exist that would cause the | 21 |
| implementation and operation of such a program to be cost | 22 |
| prohibitive. | 23 |
| The regional superintendent of schools shall review the | 24 |
| petition. In accordance with the Open Meetings Act, he or she | 25 |
| shall convene a public hearing to hear testimony from the | 26 |
| school district and interested community members. The regional |
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| superintendent shall, by March December 15 of each year , inform | 2 |
| the school district of his or her decision, along with the | 3 |
| reasons why the exemption was granted or denied, in writing. | 4 |
| The regional superintendent must also send notification to the | 5 |
| State Board of Education detailing which schools requested an | 6 |
| exemption and the results. If the regional superintendent | 7 |
| grants an exemption to the school district, then the school | 8 |
| district is relieved from the requirement to establish and | 9 |
| implement a school breakfast program in the school or schools | 10 |
| granted an exemption for the next that school year. | 11 |
| If the regional superintendent of schools does not grant an | 12 |
| exemption to the school district , then the school district | 13 |
| shall implement and operate a school breakfast program in | 14 |
| accordance with this Section by the first student attendance | 15 |
| day of the next school year September 1 of the subsequent | 16 |
| school year . However, the school district or a resident of the | 17 |
| school district may by April 15 appeal the decision of the | 18 |
| regional superintendent to the State Superintendent of | 19 |
| Education. The No later than February 15 of each year, the | 20 |
| State Superintendent shall hear appeals on the decisions of | 21 |
| regional superintendents of schools no later than May 15 of | 22 |
| each year . The State Superintendent shall make a final decision | 23 |
| at the conclusion of the hearing on the school district's | 24 |
| request for an exemption from the school breakfast program | 25 |
| requirement. If the State Superintendent grants an exemption to | 26 |
| the school district , then the school district is relieved from |
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| the requirement to implement and operate a school breakfast | 2 |
| program in the school or schools granted an exemption for the | 3 |
| next that school year. If the State Superintendent does not | 4 |
| grant an exemption to the school district , then the school | 5 |
| district shall implement and operate a school breakfast program | 6 |
| in accordance with this Section by the first student attendance | 7 |
| day September 1 of the next subsequent school year.
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| A school district may not attempt to opt out a school or | 9 |
| schools from of the school breakfast program requirement of | 10 |
| this Section by requesting a waiver under Section 2-3.25g of | 11 |
| the School Code.
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| (Source: P.A. 93-1086, eff. 2-15-05; 94-981, eff. 6-30-06.)
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| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2009.
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