Full Text of SB2336 94th General Assembly
SB2336enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning schools.
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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) The State Board of Education may reimburse each
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| sponsor of a school breakfast program at least an | 21 |
| additional $0.10 for each
free, reduced-price, and paid | 22 |
| breakfast served over and above the
number of such | 23 |
| breakfasts served in the same month during the
preceding | 24 |
| year, provided that the number of breakfasts served in a
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| participating school building in that month is at least 10% | 26 |
| greater than the number
of breakfasts served in the same | 27 |
| month during the preceding year.
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| (2) The State Board of Education may make grants to | 29 |
| school
boards and welfare centers that agree to start a | 30 |
| school breakfast
program in one or more schools or other | 31 |
| sites.
First priority for these grants shall be given to | 32 |
| schools in which 40% or
more of their
students are eligible |
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| for free and reduced price meals under the National
School | 2 |
| Lunch
Act (42 U.S.C. 1751 et seq.). Depending on the | 3 |
| availability of funds and the
rate at
which funds are being | 4 |
| utilized, the State Board of Education is authorized to
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| allow additional schools or other sites to receive these
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| grants. In
making additional grants, the State Board of | 7 |
| Education
shall
provide for priority to be given to schools | 8 |
| with the highest percentage of
students eligible
for free | 9 |
| and reduced price lunches under the National School Lunch | 10 |
| Act.
The amount of the grant shall be $3,500 for
each | 11 |
| qualifying school or site in which a school breakfast | 12 |
| program
is started. The grants shall be used to pay the | 13 |
| start-up costs for
the school breakfast program, including | 14 |
| equipment, supplies, and
program promotion, but shall not | 15 |
| be used for food, labor, or other
recurring operational | 16 |
| costs. Applications for the grants shall be
made to the | 17 |
| State Board of Education on forms designated by the
State | 18 |
| Board of Education. Any grantee that fails to operate a
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| school breakfast program for at least 3 years after receipt | 20 |
| of a
grant shall refund the amount of the grant to the | 21 |
| State Board of
Education.
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| (3) The State Board of Education may reimburse a school
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| board for each free, reduced-price, or paid breakfast | 24 |
| served in a
school breakfast program located in a school in | 25 |
| which 80% or more
of the students are eligible to receive | 26 |
| free or reduced price lunches
under the National School | 27 |
| Lunch Act (42 U.S.C. 1751 et seq.) in an
amount equal to | 28 |
| the difference between (i) the current amount
reimbursed by | 29 |
| the federal government for a free breakfast and (ii)
the | 30 |
| amount actually reimbursed by the federal government for | 31 |
| that
free, reduced-price, or paid breakfast. A school board | 32 |
| that receives
reimbursement under this paragraph (3) shall | 33 |
| not be eligible in the
same year to receive reimbursement | 34 |
| under paragraph (1) of this
Section.
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| (Source: P.A. 93-1086, eff. 2-15-05.)
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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 | 3 |
| program required;
report. School boards and welfare centers | 4 |
| shall keep an accurate, detailed
and separate account of all | 5 |
| moneys expended for school breakfast programs,
school lunch | 6 |
| programs, free breakfast programs, free lunch programs,
and | 7 |
| summer food service programs,
and of the amounts for which they | 8 |
| are reimbursed by any governmental agency,
moneys received from | 9 |
| students and from any other contributors to the program.
School | 10 |
| boards and welfare centers shall also keep on file a copy of | 11 |
| all menus
served under the programs, which together with all | 12 |
| records of receipts and
disbursements, shall be made available | 13 |
| 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 2001 and in each subsequent year, the State Board of | 16 |
| Education
shall provide to the Governor and the General | 17 |
| Assembly, by a date not later
than March 1, a report that | 18 |
| provides all of the following:
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| (1) A list by school district of all schools, the total | 20 |
| student
enrollment, and the number of children eligible for | 21 |
| free, reduced price,
and paid breakfasts and lunches.
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| (2) A list of schools that have started breakfast | 23 |
| programs during the
past year along with information on | 24 |
| which schools have utilized the $3,500
start-up grants and | 25 |
| the additional $0.10 per meal increased participation
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| incentives established under Section 2.5 of this Act.
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| (3) A list of schools that have used the school | 28 |
| breakfast program
option outlined in this Act, a list of | 29 |
| schools that have exercised Provision
Two or Provision | 30 |
| Three under the Child Nutrition Act of 1966 (42 U.S.C. 1771
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| et seq.), and a list of schools that have dropped either | 32 |
| school lunch or
school breakfast programs during the past | 33 |
| year and the reasons why , and a list of school districts | 34 |
| and schools granted an exemption from a regional | 35 |
| superintendent of schools .
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| In 2007, 2009, and 2011 the report required by this Section |
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| shall also
include information that documents the results of | 2 |
| surveys designed to identify
parental interest in school | 3 |
| breakfast programs and documents barriers to
establishing | 4 |
| school breakfast programs. To develop the surveys for school
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| administrators and for parents, the State Board of Education | 6 |
| shall work with
in
coordination with the State Board of | 7 |
| Education's Child Nutrition Advisory
Council and local | 8 |
| committees that involve parents, teachers, principals,
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| superintendents, business, and anti-hunger advocates, | 10 |
| organized by the State
Board of Education to foster community | 11 |
| involvement. The State Board of
Education is authorized to | 12 |
| distribute the surveys in all schools where there
are no school | 13 |
| breakfast programs.
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| (Source: P.A. 93-1086, eff. 2-15-05.)
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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) 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, if a breakfast program
does not currently | 24 |
| exist, in accordance with
federal guidelines in each school | 25 |
| building within
its district in which at least 40% or more of | 26 |
| the
students are eligible for free or reduced-price lunches | 27 |
| based upon the count on
October 31 of the previous year (for | 28 |
| those schools that participate in the National School Lunch | 29 |
| Program) or in which at least 40% or more of the students are | 30 |
| classified as low-income according to the Fall Housing Data | 31 |
| from the previous year (for those schools that do not | 32 |
| participate in the National School Lunch Program) .
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| Using the data from the previous school year, the board of | 34 |
| education of each school
district in the State shall determine |
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| which schools within their districts
will be required to | 2 |
| implement and operate a school breakfast program.
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| (b) School districts may charge students who do not meet | 4 |
| federal
criteria for free school meals
for the breakfasts | 5 |
| served to these students within the allowable
limits set by | 6 |
| federal regulations.
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| (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 of the | 23 |
| school breakfast program requirement of this Section if it is | 24 |
| determined that, due to circumstances specific to that school | 25 |
| district, the expense
reimbursement would not fully cover the | 26 |
| costs of implementing and operating a
school breakfast program. | 27 |
| The school district shall petition its regional superintendent | 28 |
| of schools by November 15 of each year to request to be exempt
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| from the school breakfast program requirement. The petition | 30 |
| shall include all legitimate costs associated with | 31 |
| implementing and operating a school breakfast program, the | 32 |
| estimated reimbursement from State and federal sources, and any | 33 |
| unique circumstances the school district can verify that exist | 34 |
| that would cause the implementation and operation of such a | 35 |
| program to be cost prohibitive. | 36 |
| The regional superintendent of schools shall review the |
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| petition. In accordance with the Open Meetings Act, he
He or | 2 |
| she shall convene a public hearing to hear testimony from the | 3 |
| school district and interested community members. The regional | 4 |
| superintendent shall, by December 15, inform the school | 5 |
| district of his or her decision, along with the reasons why the | 6 |
| exemption was granted or denied, in writing. If the regional | 7 |
| superintendent grants an exemption to the school district, then | 8 |
| the school district is relieved from the requirement to | 9 |
| establish and implement a school breakfast program for that | 10 |
| 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 September 1 of the subsequent | 15 |
| school year. However, the school district or a resident of the | 16 |
| school district may appeal the decision of the regional | 17 |
| superintendent to the State Superintendent of Education. No | 18 |
| later than February 15 of each year, the State Superintendent | 19 |
| shall hear appeals on the decisions of regional superintendents | 20 |
| of schools. The State Superintendent shall make a final | 21 |
| decision at the conclusion of the hearing on the school | 22 |
| district's request for an exemption from the school breakfast | 23 |
| program requirement. If the State Superintendent grants an | 24 |
| exemption to the school district, then the school district is | 25 |
| relieved from the requirement to implement and operate a school | 26 |
| breakfast program for that school year . If the State | 27 |
| Superintendent does not grant an exemption to the school | 28 |
| district, then the school district shall implement and operate | 29 |
| a school breakfast program in accordance with this Section by | 30 |
| September 1 of the subsequent school year.
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| A school district may not attempt to opt out of the school | 32 |
| breakfast program requirement of this Section by requesting a | 33 |
| waiver under Section 2-3.25g of the School Code.
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| (Source: P.A. 93-1086, eff. 2-15-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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