Sen. Christopher Belt

Filed: 2/28/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2209 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Childhood Hunger Relief Act is amended by
5changing Section 15 and by adding Section 18 as follows:
6    (105 ILCS 126/15)
7    Sec. 15. School breakfast program.
8    (a) The board of education of each school district in this
9State shall implement and operate a school breakfast program
10in the next school year, if a breakfast program does not
11currently exist, in accordance with federal guidelines in each
12school building within its district in which at least 40% or
13more of the students are eligible for free or reduced-price
14lunches based upon the current year's October claim (for those
15schools that participate in the National School Lunch Program)
16or in which at least 40% or more of the students are classified



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1as low-income according to the Fall Housing Data from the
2previous year (for those schools that do not participate in
3the National School Lunch Program).
4    (b) School districts may charge students who do not meet
5federal criteria for free school meals for the breakfasts
6served to these students within the allowable limits set by
7federal regulations.
8    (c) School breakfast programs established under this
9Section shall be supported entirely by federal funds and
10commodities, charges to students and other participants, and
11other available State and local resources, including under the
12School Breakfast and Lunch Program Act. Allowable costs for
13reimbursement to school districts, in accordance with the
14United States Department of Agriculture, include compensation
15of employees for the time devoted and identified specifically
16to implement the school breakfast program; the cost of
17materials acquired, consumed, or expended specifically to
18implement the school breakfast program; equipment and other
19approved capital expenditures necessary to implement the
20school breakfast program; and transportation expenses incurred
21specifically to implement and operate the school breakfast
23    (d) A school district shall be allowed to opt out a school
24or schools from the school breakfast program requirement of
25this Section if it is determined that, due to circumstances
26specific to that school district, the expense reimbursement



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1would not fully cover the costs of implementing and operating
2a school breakfast program. The school district shall petition
3its regional superintendent of schools by February 15 of each
4year to request to be exempt from operating the school
5breakfast program in the school or schools in the next school
6year. The petition shall include all legitimate costs
7associated with implementing and operating a school breakfast
8program, the estimated reimbursement from State and federal
9sources, and any unique circumstances the school district can
10verify that exist that would cause the implementation and
11operation of such a program to be cost prohibitive.
12    The regional superintendent of schools shall review the
13petition. In accordance with the Open Meetings Act, he or she
14shall convene a public hearing to hear testimony from the
15school district and interested community members. The regional
16superintendent shall, by March 15 of each year, inform the
17school district of his or her decision, along with the reasons
18why the exemption was granted or denied, in writing. The
19regional superintendent must also send notification to the
20State Board of Education detailing which schools requested an
21exemption and the results. If the regional superintendent
22grants an exemption to the school district, then the school
23district is relieved from the requirement to establish and
24implement a school breakfast program in the school or schools
25granted an exemption for the next school year.
26    If the regional superintendent of schools does not grant



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1an exemption, then the school district shall implement and
2operate a school breakfast program in accordance with this
3Section by the first student attendance day of the next school
4year. However, the school district or a resident of the school
5district may by April 15 appeal the decision of the regional
6superintendent to the State Superintendent of Education. The
7State Superintendent shall hear appeals on the decisions of
8regional superintendents of schools no later than May 15 of
9each year. The State Superintendent shall make a final
10decision at the conclusion of the hearing on the school
11district's request for an exemption from the school breakfast
12program requirement. If the State Superintendent grants an
13exemption, then the school district is relieved from the
14requirement to implement and operate a school breakfast
15program in the school or schools granted an exemption for the
16next school year. If the State Superintendent does not grant
17an exemption, then the school district shall implement and
18operate a school breakfast program in accordance with this
19Section by the first student attendance day of the next school
21    A school district may not attempt to opt out a school or
22schools from the school breakfast program requirement of this
23Section by requesting a waiver under Section 2-3.25g of the
24School Code.
25    (e) For all schools operating a school breakfast program,
26the State Board of Education shall collect information about



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1whether a school is operating a breakfast after the bell
2program under Section 16 and, if so, what breakfast after the
3bell model the school operates, including breakfast in the
4classroom, second chance breakfast, and grab and go breakfast.
5The State Board of Education shall make this data publicly
6available annually.
7(Source: P.A. 96-158, eff. 8-7-09.)
8    (105 ILCS 126/18 new)
9    Sec. 18. Breakfast after the bell grant program.
10    (a) Subject to appropriation, the State Board of Education
11shall award a grant of up to $7,000 per school site on a
12competitive basis to eligible schools, school districts, or
13entities approved by the State Board of Education for
14nonrecurring expenses incurred in initiating a breakfast after
15the bell program under Section 16.
16    Grants awarded under this Section shall be used for the
17nonrecurring costs of initiating a breakfast after the bell
18program, including, but not limited to, the acquisition of
19equipment, training of staff in new capacities, outreach
20efforts to publicize new or expanded school breakfast
21programs, minor alterations to accommodate new equipment,
22computer point-of-service systems for food service, and the
23purchase of vehicles for transporting food to schools.
24    (b) In making grant awards under this Section, the State
25Board of Education shall give a preference to grant applicants



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1that do all of the following:
2        (1) Submit to the State Board of Education a plan to
3    start or expand school breakfast programs in the school
4    district or the educational service region, including a
5    description of the following:
6            (A) a description of each eligible school site's
7        breakfast after the bell program under Section 16,
8        including which school and school district
9        stakeholders have been engaged in the development of
10        the program, including, but not limited to, the
11        superintendent, the principal, the business manager,
12        school food service personnel, the school nurse,
13        teachers, and janitorial staff;
14            (B) a budget outlining the nonrecurring expenses
15        needed to initiate a program at each school site; and
16            (C) any public or private resources that have been
17        assembled to carry out expansion of school breakfast
18        programs during the school year.
19        (2) Agree to operate a breakfast after the bell
20    program under Section 16 for a period of not less than 3
21    school years.
22        (3) Have higher rates of students who are eligible for
23    free or reduced-price meals.".