Full Text of SB2209 103rd General Assembly
SB2209sam002 103RD GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 3/8/2024 | | 10300SB2209sam002 | | LRB103 26914 RJT 70679 a |
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| 1 | | AMENDMENT TO SENATE BILL 2209
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2209 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Breakfast and Lunch Program Act is | 5 | | amended by changing Sections 1, 2, and 2.5 and by adding | 6 | | Section 2.1 as follows: | 7 | | (105 ILCS 125/1) (from Ch. 122, par. 712.1) | 8 | | Sec. 1. Definitions. For the purposes of this Act: | 9 | | "School board" means school principal, directors, board of | 10 | | education and board of school inspectors of public and private | 11 | | schools. | 12 | | "Welfare center" means an institution not otherwise | 13 | | receiving funds from any governmental agency, serving | 14 | | breakfasts or lunches to children of school age or under, in | 15 | | conformance with the authorized free breakfast program, school | 16 | | breakfast program, free lunch program, or school lunch |
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| 1 | | program. | 2 | | "Free breakfast program" means those programs through | 3 | | which school boards may supply needy children in their | 4 | | respective districts with free school breakfasts. | 5 | | "Free lunch program" means those programs through which | 6 | | school boards supply all of the needy children in their | 7 | | respective districts with free school lunches. | 8 | | "Reduced-price copayment" means the amount a | 9 | | reduced-price-eligible student would be charged for a | 10 | | reduced-price meal under a school breakfast or school lunch | 11 | | program. | 12 | | "Reduced-price-eligible student" means a student who meets | 13 | | the federal income eligibility guidelines for income levels | 14 | | for meals at a reduced price pursuant to the federal Child | 15 | | Nutrition Act of 1966 (42 U.S.C. 1771) or the federal National | 16 | | School Lunch Act (42 U.S.C. 1751). | 17 | | "School breakfast program" means a school breakfast | 18 | | program that meets the requirements for school breakfast | 19 | | programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771 | 20 | | et seq.). | 21 | | "School lunch program" means a school lunch program that | 22 | | meets the requirements for school lunch programs under the | 23 | | National School Lunch Act (42 U.S.C. 1751 et seq.). | 24 | | "Comptroller" means Comptroller of the State of Illinois. | 25 | | (Source: P.A. 91-843, eff. 6-22-00.) |
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| 1 | | (105 ILCS 125/2) (from Ch. 122, par. 712.2) | 2 | | Sec. 2. Reimbursement of sponsors. | 3 | | (a) The State Board of Education is authorized to | 4 | | reimburse school boards and welfare centers that operate free | 5 | | breakfast programs, school breakfast programs, free lunch | 6 | | programs, or school lunch programs for a portion of the costs | 7 | | of food served in balanced, nutritious breakfasts or lunches | 8 | | and served to students in non-profit public or private schools | 9 | | and non-profit welfare centers. | 10 | | (b) The State Board of Education shall reimburse not less | 11 | | than $0.15 or the actual cost, whichever is less, to school | 12 | | boards and non-profit welfare centers for each free lunch and | 13 | | not less than $0.15 or the actual cost, whichever is less, for | 14 | | each free breakfast supplied by them. This appropriation shall | 15 | | be in addition to any federal contributions. | 16 | | (c) Subject to appropriation, the State Board of Education | 17 | | shall reimburse school boards and non-profit welfare centers | 18 | | for the cost of eliminating reduced-price copayments. | 19 | | Reimbursement shall be made on a per-meal basis in an amount | 20 | | equal to the difference between the federal free meal rate and | 21 | | the federal reduced-price rate. This reimbursement shall be in | 22 | | addition to any federal or State contributions. | 23 | | (Source: P.A. 103-532, eff. 8-11-23.) | 24 | | (105 ILCS 125/2.1 new) | 25 | | Sec. 2.1. Reduced-price copayment; prohibition. No school |
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| 1 | | board or non-profit welfare center that administers a school | 2 | | breakfast or school lunch program and receives a reimbursement | 3 | | under subsection (c) of Section 2 of this Act may charge a | 4 | | reduced-price-eligible student a reduced-price copayment for | 5 | | meals. | 6 | | (105 ILCS 125/2.5) | 7 | | Sec. 2.5. Breakfast incentive program. The State Board of | 8 | | Education shall fund a breakfast incentive program comprised | 9 | | of 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. | 19 | | (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 | 23 | | the number of such breakfasts served in the same month | 24 | | during the preceding year. | 25 | | (2) Start-up incentive. The State Board of Education |
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| 1 | | may make grants to school boards and welfare centers that | 2 | | agree to start a school breakfast program in one or more | 3 | | schools or other sites. First priority for these grants | 4 | | shall be given through August 15 to schools in which 40% or | 5 | | more of their students are eligible for free and reduced | 6 | | price meals, based on the school district's previous | 7 | | year's October claim, under the National School Lunch Act | 8 | | (42 U.S.C. 1751 et seq.). Depending on the availability of | 9 | | funds and the rate at which funds are being utilized, the | 10 | | State Board of Education is authorized to allow additional | 11 | | schools or other sites to receive these grants in the | 12 | | order in which they are received by the State Board of | 13 | | Education. The amount of the grant shall be $3,500 for | 14 | | each qualifying school or site in which a school breakfast | 15 | | program is started. The grants shall be used to pay the | 16 | | start-up costs for the school breakfast program, including | 17 | | equipment, supplies, and program promotion, but shall not | 18 | | be used for food, labor, or other recurring operational | 19 | | costs. Applications for the grants shall be made to the | 20 | | State Board of Education on forms designated by the State | 21 | | Board of Education. Any grantee that fails to operate a | 22 | | school breakfast program for at least 3 years after | 23 | | receipt of a grant shall refund the amount of the grant to | 24 | | the State Board of Education. | 25 | | (3) Non-traditional breakfast incentive. | 26 | | Understanding that there are barriers to implementing a |
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| 1 | | school breakfast program in a traditional setting such as | 2 | | in a cafeteria, the State Board of Education may make | 3 | | grants to school boards and welfare centers to offer the | 4 | | school breakfast program in non-traditional settings or | 5 | | using non-traditional methods. Priority will be given to | 6 | | applications through August 15 of each year from schools | 7 | | that are identified as priority schools under Section | 8 | | 2-3.25d-5 of the School Code. Depending on the | 9 | | availability of funds and the rate at which funds are | 10 | | being utilized, the State Board of Education is authorized | 11 | | to allow additional schools or other sites to receive | 12 | | these grants in the order in which they are received by the | 13 | | State Board of Education. | 14 | | (4) Breakfast after the bell incentive. Subject to | 15 | | appropriation, the State Board of Education shall make | 16 | | grants to school boards or welfare centers that initiate | 17 | | or expand breakfast after the bell programs under Section | 18 | | 16 of the Childhood Hunger Relief Act at one or more | 19 | | schools or other sites. Grants of up to $7,500 shall be | 20 | | given on a competitive basis for nonrecurring expenses | 21 | | incurred in initiating or expanding a breakfast after the | 22 | | bell programs. Eligible costs include, but are not limited | 23 | | to, | | | the acquisition of equipment, training of staff in new | 24 | | capacities, outreach efforts to publicize the program, | 25 | | minor building alterations to accommodate new equipment, | 26 | | computer point-of-service systems for food service, and |
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| 1 | | the purchase of vehicles for transporting food to schools. | 2 | | Funds may not be used for salaries and benefits of staff or | 3 | | food for school meal programs. Priority shall be given to | 4 | | applications submitted through August 15 of each year by | 5 | | school boards and welfare centers that have high rates of | 6 | | free and reduced-price eligible students, as determined by | 7 | | the State Board of Education, and that agree to operate | 8 | | the program for a minimum of 3 years. | 9 | | (Source: P.A. 99-193, eff. 7-30-15.) | 10 | | Section 10. The Childhood Hunger Relief Act is amended by | 11 | | changing Section 15 as follows: | 12 | | (105 ILCS 126/15) | 13 | | Sec. 15. School breakfast program. | 14 | | (a) The board of education of each school district in this | 15 | | State shall implement and operate a school breakfast program | 16 | | in the next school year, if a breakfast program does not | 17 | | currently exist, in accordance with federal guidelines in each | 18 | | school building within its district in which at least 40% or | 19 | | more of the students are eligible for free or reduced-price | 20 | | lunches based upon the current year's October claim (for those | 21 | | schools that participate in the National School Lunch Program) | 22 | | or in which at least 40% or more of the students are classified | 23 | | as low-income according to the Fall Housing Data from the | 24 | | previous year (for those schools that do not participate in |
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| 1 | | the National School Lunch Program). | 2 | | (b) School districts may charge students who do not meet | 3 | | federal criteria for free school meals for the breakfasts | 4 | | served to these students within the allowable limits set by | 5 | | federal regulations , except as provided in Section 2.1 of the | 6 | | School Breakfast and Lunch Program Act . | 7 | | (c) School breakfast programs established under this | 8 | | Section shall be supported entirely by federal funds and | 9 | | commodities, charges to students and other participants, and | 10 | | other available State and local resources, including under the | 11 | | School Breakfast and Lunch Program Act. Allowable costs for | 12 | | reimbursement to school districts, in accordance with the | 13 | | United States Department of Agriculture, include compensation | 14 | | of employees for the time devoted and identified specifically | 15 | | to implement the school breakfast program; the cost of | 16 | | materials acquired, consumed, or expended specifically to | 17 | | implement the school breakfast program; equipment and other | 18 | | approved capital expenditures necessary to implement the | 19 | | school breakfast program; and transportation expenses incurred | 20 | | specifically to implement and operate the school breakfast | 21 | | program. | 22 | | (d) A school district shall be allowed to opt out a school | 23 | | or schools from the school breakfast program requirement of | 24 | | this Section if it is determined that, due to circumstances | 25 | | specific to that school district, the expense reimbursement | 26 | | would not fully cover the costs of implementing and operating |
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| 1 | | a school breakfast program. The school district shall petition | 2 | | its regional superintendent of schools by February 15 of each | 3 | | year to request to be exempt from operating the school | 4 | | breakfast program in the school or schools in the next school | 5 | | year. The petition shall include all legitimate costs | 6 | | associated with implementing and operating a school breakfast | 7 | | program, the estimated reimbursement from State and federal | 8 | | sources, and any unique circumstances the school district can | 9 | | verify that exist that would cause the implementation and | 10 | | operation of such a program to be cost prohibitive. | 11 | | The regional superintendent of schools shall review the | 12 | | petition. In accordance with the Open Meetings Act, he or she | 13 | | shall convene a public hearing to hear testimony from the | 14 | | school district and interested community members. The regional | 15 | | superintendent shall, by March 15 of each year, inform the | 16 | | school district of his or her decision, along with the reasons | 17 | | why the exemption was granted or denied, in writing. The | 18 | | regional superintendent must also send notification to the | 19 | | State Board of Education detailing which schools requested an | 20 | | exemption and the results. If the regional superintendent | 21 | | grants an exemption to the school district, then the school | 22 | | district is relieved from the requirement to establish and | 23 | | implement a school breakfast program in the school or schools | 24 | | granted an exemption for the next school year. | 25 | | If the regional superintendent of schools does not grant | 26 | | an exemption, then the school district shall implement and |
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| 1 | | operate a school breakfast program in accordance with this | 2 | | Section by the first student attendance day of the next school | 3 | | year. However, the school district or a resident of the school | 4 | | district may by April 15 appeal the decision of the regional | 5 | | superintendent to the State Superintendent of Education. The | 6 | | State Superintendent shall hear appeals on the decisions of | 7 | | regional superintendents of schools no later than May 15 of | 8 | | each year. The State Superintendent shall make a final | 9 | | decision at the conclusion of the hearing on the school | 10 | | district's request for an exemption from the school breakfast | 11 | | program requirement. If the State Superintendent grants an | 12 | | exemption, then the school district is relieved from the | 13 | | requirement to implement and operate a school breakfast | 14 | | program in the school or schools granted an exemption for the | 15 | | next school year. If the State Superintendent does not grant | 16 | | an exemption, then the school district shall implement and | 17 | | operate a school breakfast program in accordance with this | 18 | | Section by the first student attendance day of the next school | 19 | | year. | 20 | | A school district may not attempt to opt out a school or | 21 | | schools from the school breakfast program requirement of this | 22 | | Section by requesting a waiver under Section 2-3.25g of the | 23 | | School Code. | 24 | | (e) For all schools that operate a school breakfast | 25 | | program, the State Board of Education shall collect | 26 | | information on an annual basis about whether the school is |
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| 1 | | operating a breakfast after the bell program under Section 16 | 2 | | and, if so, which breakfast after the bell model the school | 3 | | uses. For the purposes of this Section, breakfast after the | 4 | | bell models include breakfast in the classroom, second chance | 5 | | breakfast, and grab and go breakfast. The State Board of | 6 | | Education shall make this data publicly available annually. | 7 | | (Source: P.A. 96-158, eff. 8-7-09.)". |
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