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| Public Act 093-1086 |
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AN ACT regarding schools.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Childhood Hunger
Relief Act.
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Section 5. 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.
Food insecurity occurs whenever the | ||||
availability of nutritionally adequate
and safe foods or the | ||||
ability to acquire acceptable foods in socially
acceptable ways | ||||
is limited or uncertain. Hunger is a painful or uneasy
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sensation caused by a recurrent or involuntary lack of food and | ||||
is a
potential, although not necessary, consequence of food | ||||
insecurity. Over
time, hunger may result in malnutrition.
It is | ||||
estimated that just under 600,000 Illinois
children
experience | ||||
hunger or food insecurity, meaning that they either go without
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eating meals,
or their parents or guardians cannot provide the | ||||
kinds of food they need.
At present, the Illinois economy is | ||||
steadily experiencing a 6%
unemployment rate, people are being | ||||
laid off who thought they had job
security, and the unemployed | ||||
are remaining unemployed beyond the
terms of unemployment | ||||
benefits. Emergency food providers throughout
the State are | ||||
experiencing an increase in the number of working poor
families | ||||
requesting emergency food. In October 2003, Illinois was
ranked | ||||
48th in the nation in providing school breakfasts to low-income
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children of families who meet the criteria for free and | ||||
reduced-price
lunches.
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.
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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.
Documented research has proven that | ||
school breakfasts improve
attendance and increase a child's | ||
readiness to learn.
In this regard, the General
Assembly | ||
realizes the importance of the National
School Breakfast | ||
Program and the Summer Food Service Program
as
effective | ||
measures that must be widely implemented to ensure more | ||
adequate
nutrition for Illinois children.
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Section 10. Definitions. In this Act:
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"Hunger" means a symptom of poverty caused by a lack of | ||
resources that
prevents the purchasing of a nutritionally | ||
adequate diet resulting in a
chronic condition of being | ||
undernourished.
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"Food insecurity" means a limited or uncertain | ||
availability of
nutritionally adequate foods.
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"Food security" means
ensured access to enough food for an | ||
active, healthy life.
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"School Breakfast Program" means the federal child | ||
nutrition entitlement
program that helps serve nourishing | ||
low-cost breakfast meals to school
children. In addition to | ||
cash assistance, participating schools get
foods donated by and | ||
technical guidance from the United States Department of | ||
Agriculture. Payments to schools are higher
for meals served to | ||
children who qualify, on the basis of family size and
income, | ||
for free or reduced-price meals. The program is administered in
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Illinois by the State Board of Education.
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"Summer Food Service Program" means the federal child | ||
nutrition
entitlement program that helps communities serve | ||
meals to needy children
when school is not in session. The | ||
United States Department of Agriculture reimburses sponsors | ||
for operating
costs of food services up to a specific maximum | ||
rate for each meal served.
In addition, sponsors receive some | ||
reimbursement for planning and
supervising expenses. The | ||
program in Illinois is administered by the State
Board of | ||
Education.
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Section 15. School breakfast program.
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(a) Within 90 days after the effective date of this | ||
amendatory Act of the 93rd General Assembly and then each | ||
school year thereafter, the board of education of each school | ||
district in
this State shall implement and operate a school | ||
breakfast program, if a breakfast program
does not currently | ||
exist, in accordance with
federal guidelines in each school | ||
building within
its district in which at least 40% or more of | ||
the
students are eligible for free or reduced-price lunches | ||
based upon the count on
October 31 of the previous year.
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Using the data from the previous school year, the board of | ||
education of each school
district in the State shall determine | ||
which schools within their districts
will be required to | ||
implement and operate a school breakfast program.
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(b) School districts may charge students who do not meet | ||
federal
criteria for free school meals
for the breakfasts | ||
served to these students within the allowable
limits set by | ||
federal regulations.
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(c) School breakfast programs established under this | ||
Section shall be
supported entirely by federal funds and | ||
commodities, charges to students
and other participants, and | ||
other available State and local resources,
including under the | ||
School Breakfast and Lunch Program Act.
Allowable costs for | ||
reimbursement to school districts, in accordance with the | ||
United States Department of Agriculture, include compensation | ||
of employees for the time devoted and identified specifically | ||
to implement the school breakfast program; the cost of | ||
materials acquired, consumed, or expended specifically to | ||
implement the school breakfast program; equipment and other | ||
approved capital expenditures necessary to implement the | ||
school breakfast program; and transportation expenses incurred | ||
specifically to implement and operate the school breakfast | ||
program. | ||
(d) A school district shall be allowed to opt out of the | ||
school breakfast program requirement of this Section if it is | ||
determined that, due to circumstances specific to that school | ||
district, the expense
reimbursement would not fully cover the | ||
costs of implementing and operating a
school breakfast program. | ||
The school district shall petition its regional superintendent | ||
of schools by November 15 to request to be exempt
from the | ||
school breakfast program requirement. The petition shall | ||
include all legitimate costs associated with implementing and | ||
operating a school breakfast program, the estimated | ||
reimbursement from State and federal sources, and any unique | ||
circumstances the school district can verify that exist that | ||
would cause the implementation and operation of such a program | ||
to be cost prohibitive. | ||
The regional superintendent of schools shall review the | ||
petition. He or she shall convene a public hearing to hear | ||
testimony from the school district and interested community | ||
members. The regional superintendent shall, by December 15, | ||
inform the school district of his or her decision, along with | ||
the reasons why the exemption was granted or denied, in | ||
writing. If the regional superintendent grants an exemption to | ||
the school district, then the school district is relieved from | ||
the requirement to establish and implement a school breakfast | ||
program. | ||
If the regional superintendent of schools does not grant an | ||
exemption to the school district, then the school district | ||
shall implement and operate a school breakfast program in | ||
accordance with this Section by September 1 of the subsequent | ||
school year. However, the school district or a resident of the | ||
school district may appeal the decision of the regional | ||
superintendent to the State Superintendent of Education. No | ||
later than February 15 of each year, the State Superintendent | ||
shall hear appeals on the decisions of regional superintendents | ||
of schools. The State Superintendent shall make a final | ||
decision at the conclusion of the hearing on the school | ||
district's request for an exemption from the school breakfast | ||
program requirement. If the State Superintendent grants an | ||
exemption to the school district, then the school district is | ||
relieved from the requirement to implement and operate a school | ||
breakfast program. If the State Superintendent does not grant | ||
an exemption to the school district, then the school district | ||
shall implement and operate a school breakfast program in | ||
accordance with this Section by September 1 of the subsequent | ||
school year.
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A school district may not attempt to opt out of the school | ||
breakfast program requirement of this Section by requesting a | ||
waiver under Section 2-3.25g of the School Code.
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Section 20. Summer food service program.
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(a) The State Board of Education shall promulgate a State | ||
plan for
summer food service programs, in accordance with 42 | ||
U.S.C. Sec. 1761 and any
other
applicable federal laws and | ||
regulations,
by January 15, 2006.
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(b) By the summer of 2006 and then each summer thereafter, | ||
it is strongly encouraged that the board of
education of each | ||
school
district in this State in which at least 50% of the | ||
students are eligible for
free or
reduced-price school meals | ||
operate a summer food service program
or identify a non-profit | ||
or private agency to sponsor a summer food service
program | ||
within the school district's boundaries.
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(c) Summer food service programs established under this | ||
Section may
be
supported by federal funds and commodities
and | ||
other available State and local resources.
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Section 95. The School Breakfast and Lunch Program Act is | ||
amended by
changing Sections 2.5, 4, and 5 as follows:
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(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 | ||
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.
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(1) The State Board of Education may reimburse each
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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 in a
participating school | ||
building
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.
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(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 40%
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
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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
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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.
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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 | ||
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.
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(Source: P.A. 91-843, eff. 6-22-00.)
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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 | ||
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, free breakfast programs, and free lunch programs,
and | ||
summer food service 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, which together with all | ||
records of receipts and
disbursements, shall be made available | ||
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 | ||
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:
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(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.
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(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
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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 | ||
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
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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.
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In 2007, 2009, and 2011
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
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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,
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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.
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(Source: P.A. 91-843, eff. 6-22-00.)
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(105 ILCS 125/5) (from Ch. 122, par. 712.5)
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Sec. 5. Application for participation in programs.
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Applications for participation in the school breakfast | ||
program,
the school lunch program,
the free breakfast program, | ||
and the free lunch program, and the summer
food service program
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shall be made on
forms provided by the State Board of Education | ||
and filed
with the State Board, through the Regional | ||
Superintendent
of Schools.
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(Source: P.A. 91-843, eff. 6-22-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||