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Public Act 91-0843
HB2379 Enrolled LRB9103052NTsb
AN ACT concerning nutritional services for children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Free Lunch Program Act is amended
by changing the title of the Act and Sections 0.01, 1, 2, 3,
4, 5, 6, 7, 8, and 9 and by adding Sections 0.05 and 2.5 as
follows:
(105 ILCS 125/Act title)
An Act authorizing school boards and welfare centers to
sponsor community school breakfast and lunch programs and
free breakfast and lunch programs and authorizing and
requiring free school lunch programs, providing for State
reimbursement.
(105 ILCS 125/0.01) (from Ch. 122, par. 712.01)
Sec. 0.01. Short title. This Act may be cited as the
School Breakfast and Free Lunch Program Act.
(Source: P.A. 86-1324.)
(105 ILCS 125/0.05 new)
Sec. 0.05. State policy and legislative intent. The
General Assembly recognizes that hunger and food security are
serious problems in the State of Illinois with as many as one
million citizens being affected. These citizens have lost
their sense of food security. It is estimated that just
under 600,000 Illinois children experience hunger or food
insecurity, meaning that they either go without eating meals,
or their parents cannot provide the kinds of food they need.
Because low-income children are not being adequately
nourished, even to the point where many are arriving at
school hungry, the General Assembly believes it is in the
best interest of Illinois to utilize resources available
through existing child nutrition programs, to the fullest
extent possible.
The General Assembly also recognizes a definite
correlation between adequate child nutrition and a child's
physical, emotional, and cognitive development. There is
also a correlation between adequate nutrition and a child's
ability to perform well in school. In this regard, the
General Assembly realizes the importance of the National
School Breakfast Program as an effective measure that must be
widely implemented to insure more adequate nutrition for
Illinois children.
(105 ILCS 125/1) (from Ch. 122, par. 712.1)
Sec. 1. Definitions. For the purposes of this Act:
"School board" means school principal, directors, board
of education and board of school inspectors of public and
private schools.
"Welfare center" means an institution not otherwise
receiving funds from any governmental agency, serving
breakfasts or lunches to children of school age or under, in
conformance with the authorized free breakfast program,
school breakfast program, free lunch program, or school lunch
program.
"Free breakfast program" means those programs through
which school boards may supply needy children in their
respective districts with free school breakfasts.
"Free lunch program" means those programs through which
school boards supply all of the needy children in their
respective districts with free school lunches.
"School breakfast program" means a school breakfast
program that meets the requirements for school breakfast
programs under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
"School lunch program" means a school lunch program that
meets the requirements for school lunch programs under the
National School Lunch Act (42 U.S.C. 1751 et seq.) the
program whereby certain types of lunches called balanced,
nutritious lunches adopted as standard types and designated
by the State Board of Education, are furnished to students.
"Comptroller" means Comptroller of the State of Illinois.
(Source: P.A. 81-1508.)
(105 ILCS 125/2) (from Ch. 122, par. 712.2)
Sec. 2. Reimbursement of sponsors. The State Board of
Education is authorized to reimburse school boards and,
welfare centers that operate free breakfast programs, school
breakfast programs, free lunch programs, or, and other
designated sponsors of school lunch programs for a portion of
the costs of food served in balanced, nutritious breakfasts
or lunches, and served to students in schools operated not
for profit, in non-profit public or private parochial schools
and non-profit welfare centers.
The State Board of Education shall reimburse not less
than $0.15 or the actual cost, whichever is less, to School
Boards for each free lunch and not less than $0.15 or the
actual cost, whichever is less, for each free breakfast
supplied by them. This appropriation shall be in addition to
any federal contributions for Free Lunch Programs.
(Source: P.A. 83-728.)
(105 ILCS 125/2.5 new)
Sec. 2.5. Breakfast incentive program. The State Board
of Education shall fund a breakfast incentive program
comprised of the components described in paragraphs (1), (2),
and (3) of this Section, provided that a separate
appropriation is made for the purposes of this Section. The
State Board of Education may allocate the appropriation among
the program components in whatever manner the State Board of
Education finds will best serve the goal of increasing
participation in school breakfast programs. If the amount of
the appropriation allocated under paragraph (1), (2), or (3)
of this Section is insufficient to fund all claims submitted
under that particular paragraph, the claims under that
paragraph shall be prorated.
(1) The State Board of Education may reimburse each
sponsor of a school breakfast program an additional $0.10
for each free, reduced-price, and paid breakfast served
over and above the number of such breakfasts served in
the same month during the preceding year, provided that
the number of breakfasts served by the sponsor in that
month is at least 10% greater than the number of
breakfasts served in the same month during the preceding
year.
(2) The State Board of Education may make grants to
school boards and welfare centers that agree to start a
school breakfast program in one or more schools or other
sites. First priority for these grants shall be given to
schools in which 50% or more of their students are
eligible for free and reduced price meals under the
National School Lunch Act (42 U.S.C. 1751 et seq.).
Depending on the availability of funds and the rate at
which funds are being utilized, the State Board of
Education is authorized to allow additional schools or
other sites to receive these grants. In making
additional grants, the State Board of Education shall
provide for priority to be given to schools with the
highest percentage of students eligible for free and
reduced price lunches under the National School Lunch
Act. The amount of the grant shall be $3,500 for each
qualifying school or site in which a school breakfast
program is started. The grants shall be used to pay the
start-up costs for the school breakfast program,
including equipment, supplies, and program promotion, but
shall not be used for food, labor, or other recurring
operational costs. Applications for the grants shall be
made to the State Board of Education on forms designated
by the State Board of Education. Any grantee that fails
to operate a school breakfast program for at least 3
years after receipt of a grant shall refund the amount of
the grant to the State Board of Education.
(3) The State Board of Education may reimburse a
school board for each free, reduced-price, or paid
breakfast served in a school breakfast program located in
a school in which 80% or more of the students are
eligible to receive free or reduced price lunches under
the National School Lunch Act (42 U.S.C. 1751 et seq.) in
an amount equal to the difference between (i) the current
amount reimbursed by the federal government for a free
breakfast and (ii) the amount actually reimbursed by the
federal government for that free, reduced-price, or paid
breakfast. A school board that receives reimbursement
under this paragraph (3) shall not be eligible in the
same year to receive reimbursement under paragraph (1) of
this Section.
(105 ILCS 125/3) (from Ch. 122, par. 712.3)
Sec. 3. Agreements with sponsors; standardized
breakfasts and lunches. The State Board of Education is
authorized to enter into agreements with the sponsors of free
breakfast programs, school breakfast programs, free lunch
programs, and school lunch programs, and shall prepare a
standardized, general list of type breakfasts and lunches,
for which the State will reimburse, subject to the provisions
of Section 8, the sponsors of such school lunch programs.
The State Board of Education is also authorized to enter
into agreements with any governmental agency, school boards,
corporations, private individuals, or welfare centers which
would permit the distribution or processing of surplus
commodities or in any other way tend to improve the school
breakfast program or school lunch program.
(Source: P.A. 87-420.)
(105 ILCS 125/4) (from Ch. 122, par. 712.4)
Sec. 4. Accounts; copies of menus served; free lunch
program required; report. School boards and welfare centers
shall keep an accurate, detailed and separate account of all
moneys expended for school breakfast programs, school lunch
programs, and free breakfast programs, and free lunch
programs, and of the amounts for which they are reimbursed by
any governmental agency, moneys received from students and
from any other contributors to the program. School boards and
welfare centers shall also keep on file a copy of all menus
served under the programs school lunch program or free
breakfast or free lunch program, which together with all
records of receipts and disbursements, shall be made
available to representatives of the State Board of Education
at any time.
Every public school must have a free lunch program in
effect by September 1, 1970.
In 2001 and in each subsequent year, the State Board of
Education shall provide to the Governor and the General
Assembly, by a date not later than March 1, a report that
provides all of the following:
(1) A list by school district of all schools, the
total student enrollment, and the number of children
eligible for free, reduced price, and paid breakfasts and
lunches.
(2) A list of schools that have started breakfast
programs during the past year along with information on
which schools have utilized the $3,500 start-up grants
and the additional $0.10 per meal increased participation
incentives established under Section 2.5 of this Act.
(3) A list of schools that have used the school
breakfast program option outlined in this Act, a list of
schools that have exercised Provision Two or Provision
Three under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), and a list of schools that have dropped
either school lunch or school breakfast programs during
the past year and the reasons why.
In 2001, 2003, and 2005 the report required by this
Section shall also include information that documents the
results of surveys designed to identify parental interest in
school breakfast programs and documents barriers to
establishing school breakfast programs. To develop the
surveys for school administrators and for parents, the State
Board of Education shall work in coordination with the State
Board of Education's Child Nutrition Advisory Council and
local committees that involve parents, teachers, principals,
superintendents, business, and anti-hunger advocates,
organized by the State Board of Education to foster community
involvement. The State Board of Education is authorized to
distribute the surveys in all schools where there are no
school breakfast programs.
(Source: P.A. 81-1508.)
(105 ILCS 125/5) (from Ch. 122, par. 712.5)
Sec. 5. Application for participation in programs.
Applications for participation in the school breakfast
program, the school lunch program, the free breakfast
program, and the free lunch program shall be made on forms
provided by the State Board of Education and filed with the
State Board, through the Regional Superintendent of Schools.
(Source: P.A. 81-1508.)
(105 ILCS 125/6) (from Ch. 122, par. 712.6)
Sec. 6. Disapproval or reduction of reimbursement. The
State Board of Education may disapprove any reimbursement if
it is found that balanced, nutritious meals are not served in
accordance with the prescribed standards.
The State Board of Education may reduce or disapprove the
amount of reimbursement if it is found that the total income
for the free breakfast program, school breakfast program,
free lunch program, or school lunch program exceeds the
expenditures therefor.
(Source: P.A. 87-420.)
(105 ILCS 125/7) (from Ch. 122, par. 712.7)
Sec. 7. Disbursement of funds. The funds appropriated
shall be paid to school boards and welfare centers in
accordance with the reimbursement rates established in
Section 2. If the total amount of the claims for
reimbursement for any school year exceeds the amount
appropriated for that year, the money shall be apportioned to
each claimant in an equitable manner based upon meals
claimed.
(Source: P.A. 87-420.)
(105 ILCS 125/8) (from Ch. 122, par. 712.8)
Sec. 8. Filing and forwarding claims for reimbursement.
School boards and welfare centers shall file claims for
reimbursement, on forms provided by the State Board of
Education, with the Regional Superintendent of Schools, on a
monthly basis as prescribed by the State Board of Education.
The Regional Superintendent of Schools shall sign and
forward to the State Board of Education one copy of each such
claim filed with him.
(Source: P.A. 87-420.)
(105 ILCS 125/9) (from Ch. 122, par. 712.9)
Sec. 9. Certification and payment of claims. The State
Board of Education shall prepare and certify to the State
Comptroller at least monthly the amount due each board school
district and welfare center, whereupon the Comptroller shall
draw his warrants on the State Treasurer for the amounts
certified for the various school boards districts and welfare
centers.
(Source: P.A. 88-641, eff. 9-9-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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