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| Public Act 094-0981 |
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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 | ||||
amended by changing Sections 2.5 and 4 as follows: | ||||
(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 at least 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
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participating school building 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% 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
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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 | ||
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
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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. 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 | ||
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, 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, and a list of school districts | ||
and schools granted an exemption from a regional | ||
superintendent of schools.
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In 2007, 2009, and 2011 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
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administrators and for parents, the State Board of Education | ||
shall work with
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. 93-1086, eff. 2-15-05.)
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Section 10. The Childhood Hunger
Relief Act is amended by | ||
changing Section 15 as follows: | ||
(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 | ||
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 (for | ||
those schools that participate in the National School Lunch | ||
Program) or in which at least 40% or more of the students are | ||
classified as low-income according to the Fall Housing Data | ||
from the previous year (for those schools that do not | ||
participate in the National School Lunch Program).
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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 of each year to request to be exempt
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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. In accordance with the Open Meetings Act, he
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 for that | ||
school year. | ||
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 for that school year. 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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(Source: P.A. 93-1086, eff. 2-15-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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