Public Act 096-0360
 
HB0475 Enrolled LRB096 03079 NHT 13095 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-20.13 and 34-21.6 as follows:
 
    (105 ILCS 5/10-20.13)  (from Ch. 122, par. 10-20.13)
    Sec. 10-20.13. Textbooks Text books for children of parents
unable to buy them and other fees.
    (a) To purchase, at the expense of the district, a
sufficient number of textbooks for children whose parents are
unable to buy them, including but not limited to children
living in households that meet the free lunch or breakfast
eligibility guidelines established by the federal government
pursuant to Section 1758 of the federal Richard B. Russell
National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et
seq.), subject to verification as set forth in subsection (c)
of this Section eligible for free lunches or breakfasts under
the Community School Lunch Program. Such textbooks shall be
loaned only, and the directors shall require the teacher to see
that they are properly cared for and returned at the end of
each term of school.
    (b) To waive all fees assessed by the district on children
whose parents are unable to afford them, including but not
limited to children living in households that meet the free
lunch or breakfast eligibility guidelines established by the
federal government pursuant to Section 1758 of the federal
Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7
C.F.R. 245 et seq.), subject to verification as set forth in
subsection (c) of this Section eligible for free lunches or
breakfasts under the Community School Lunch Program. The school
board shall adopt written policies and procedures for such
waiver of fees in accordance with regulations promulgated by
the State Board of Education.
    (c) Any school board that participates in a federally
funded, school-based child nutrition program and uses a
student's application for, eligibility for, or participation
in the federally funded, school-based child nutrition program
(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
fees assessed by the school district must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
245.6a).
    A school board that establishes a process for the
determination of eligibility for waiver of fees assessed by the
school district that is completely independent of a student's
application for, eligibility for, or participation in a
federally funded, school-based child nutrition program may
provide for fee waiver verification no more often than every 60
calendar days. Information obtained during the independent,
fee waiver verification process indicating that the student
does not meet free lunch or breakfast eligibility guidelines
may be used to deny the waiver of the student's fees, provided
that any information obtained through this independent process
for determining or verifying eligibility for fee waivers shall
not be used to determine or verify eligibility for any
federally funded, school-based child nutrition program.
(Source: P.A. 86-195.)
 
    (105 ILCS 5/34-21.6)  (from Ch. 122, par. 34-21.6)
    Sec. 34-21.6. Waiver of fees.
    (a) The board shall waive all fees assessed by the district
on children whose parents are unable to afford them, including
but not limited to children living in households that meet the
free lunch or breakfast eligibility guidelines established by
the federal government pursuant to Section 1758 of the federal
Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7
C.F.R. 245 et seq.), subject to verification as set forth in
subsection (b) of this Section eligible for free lunches or
breakfasts under the Community School Lunch Program. The board
shall develop written policies and procedures implementing
this Section in accordance with regulations promulgated by the
State Board of Education.
    (b) If the board participates in a federally funded,
school-based child nutrition program and uses a student's
application for, eligibility for, or participation in the
federally funded, school-based child nutrition program (42
U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
fees assessed by the district, then the board must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
245.6a).
    If the board establishes a process for the determination of
eligibility for waiver of fees assessed by the district that is
completely independent of a student's application for,
eligibility for, or participation in a federally funded,
school-based child nutrition program, the board may provide for
fee waiver verification no more often than every 60 calendar
days. Information obtained during the independent, fee waiver
verification process indicating that the student does not meet
free lunch or breakfast eligibility guidelines may be used to
deny the waiver of the student's fees, provided that any
information obtained through this independent process for
determining or verifying eligibility for fee waivers shall not
be used to determine or verify eligibility for any federally
funded, school-based child nutrition program.
(Source: P.A. 86-195.)
 
    Section 99. Effective date. This Act takes effect on
September 1, 2009 or upon becoming law, whichever is later.

Effective Date: 9/1/2009