Full Text of SB1957 96th General Assembly
SB1957enr 96TH GENERAL ASSEMBLY
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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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