Full Text of SB2393 99th General Assembly
SB2393sam003 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/20/2016
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| 1 | | AMENDMENT TO SENATE BILL 2393
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2393, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Childhood Hunger
Relief Act is amended by | 6 | | adding Section 16 as follows: | 7 | | (105 ILCS 126/16 new) | 8 | | Sec. 16. Breakfast after the bell program. | 9 | | (a) For the purposes of this Section, "breakfast after the | 10 | | bell" means breakfast is provided to children after the | 11 | | instructional day has officially begun. This term does not | 12 | | prohibit schools from also providing breakfast before the | 13 | | instructional day begins. | 14 | | (b) The board of education of each school district in this | 15 | | State shall implement and operate a breakfast after the bell | 16 | | program by the first school day of the next academic year after |
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| 1 | | the effective date of this amendatory Act of the 99th General | 2 | | Assembly, if a breakfast after the bell program does not | 3 | | currently exist, in each school building within its district | 4 | | (1) in which at least 70% or more of the students are eligible | 5 | | for free or reduced-price lunches based upon the previous | 6 | | year's October claim (for those schools that participate in the | 7 | | National School Lunch Program); (2) in which at least 70% or | 8 | | more of the students are classified as low-income according to | 9 | | the Fall Housing Data from the previous year (for those schools | 10 | | that do not participate in the National School Lunch Program); | 11 | | or (3) that has an individual site percentage for free or | 12 | | reduced-price meals of 70% or more (for those schools using | 13 | | Provision 2 under Section 11(a)(1) of the federal Richard B. | 14 | | Russell National School Lunch Act or the Community Eligibility | 15 | | Provision under Section 104(a) of the federal Healthy, | 16 | | Hunger-Free Kids Act of 2010 to provide universal meals). If a | 17 | | school falls below the applicable 70% threshold for 2 | 18 | | consecutive years, it has the option to continue participating | 19 | | in the program, but is not required to do so. | 20 | | (c) Each school under this Section may determine the | 21 | | breakfast after the bell service model that best suits its | 22 | | students. Service models include, but are not limited to, | 23 | | breakfast in the classroom, grab and go breakfast, and | 24 | | second-chance breakfast. | 25 | | (d) A school district is allowed to petition for an | 26 | | exemption of a school or schools from the breakfast after the |
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| 1 | | bell program requirement if it is determined that, due to | 2 | | circumstances specific to that school district, the expense | 3 | | reimbursement would not fully cover the costs of implementing | 4 | | and operating a breakfast after the bell program. The school | 5 | | district shall petition its regional superintendent of schools | 6 | | by February 15 of each year to request to be exempt from | 7 | | operating the breakfast after the bell program in the school or | 8 | | schools in the next school year. The petition shall include all | 9 | | legitimate costs associated with implementing and operating a | 10 | | breakfast after the bell program, the estimated reimbursement | 11 | | from State and federal sources, and any unique circumstances | 12 | | the school district can verify that exist that would cause the | 13 | | implementation and operation of such a program to be cost | 14 | | prohibitive. | 15 | | The regional superintendent of schools shall review the | 16 | | petition. In accordance with the Open Meetings Act, he or she | 17 | | shall convene a public hearing to hear testimony from the | 18 | | school district and interested community members. The regional | 19 | | superintendent shall, by March 15 of each year, inform the | 20 | | school district of his or her decision, along with the reasons | 21 | | why the exemption was granted or denied, in writing. The | 22 | | regional superintendent must also send notification to the | 23 | | State Board of Education detailing which schools an exemption | 24 | | was requested for and the results. If the regional | 25 | | superintendent grants an exemption, then the school district is | 26 | | relieved from the requirement to implement and operate a |
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| 1 | | breakfast after the bell program in the school or schools | 2 | | granted an exemption for the next school year. | 3 | | If the regional superintendent of schools does not grant an | 4 | | exemption, then the school district shall implement and operate | 5 | | a breakfast after the bell program in accordance with this | 6 | | Section by the first student attendance day of the next school | 7 | | year. However, the school district or a resident of the school | 8 | | district may, by April 15, appeal the decision of the regional | 9 | | superintendent to the State Superintendent of Education. The | 10 | | State Superintendent shall hear appeals on the decisions of | 11 | | regional superintendents no later than May 15 of each year. The | 12 | | State Superintendent shall make a final decision at the | 13 | | conclusion of the hearing on the school district's request for | 14 | | an exemption from the breakfast after the bell program | 15 | | requirement. If the State Superintendent grants an exemption, | 16 | | then the school district is relieved from the requirement to | 17 | | implement and operate a breakfast after the bell program in the | 18 | | school or schools granted an exemption for the next school | 19 | | year. If the State Superintendent does not grant an exemption, | 20 | | then the school district shall implement and operate a | 21 | | breakfast after the bell program in accordance with this | 22 | | Section by the first student attendance day of the next school | 23 | | year. | 24 | | A school district may not attempt to exempt a school or | 25 | | schools from the breakfast after the bell program requirement | 26 | | of this Section by requesting a waiver under Section 2-3.25g of |
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| 1 | | the School Code. | 2 | | (e) Before the beginning of the next academic year after | 3 | | the effective date of this amendatory Act of the 99th General | 4 | | Assembly, the State Board of Education shall develop and | 5 | | distribute procedures and guidelines for the implementation of | 6 | | this Section, which must be in compliance with federal | 7 | | regulations governing the school breakfast program. | 8 | | (f) The State Board of Education shall annually collect | 9 | | information about breakfast after the bell delivery models | 10 | | implemented at each school and make the information publicly | 11 | | available. | 12 | | (g) In fulfilling its responsibilities under this Section, | 13 | | the State Board of Education shall collaborate with nonprofit | 14 | | organizations knowledgeable about equity, the opportunity gap, | 15 | | hunger and food security issues, and best practices for | 16 | | improving student access to school breakfast. The State Board | 17 | | of Education shall collaborate with nonprofit organizations | 18 | | knowledgeable about food security issues and best practices for | 19 | | improving access to school breakfast to create and post a list | 20 | | of opportunities for philanthropic support of school breakfast | 21 | | programs on its website. ".
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