Public Act 095-0155
 		





HB1964 Enrolled
LRB095 09726 NHT 29930 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Childhood Hunger
Relief Act is amended  by 
changing Section 20 as follows:
 
    (105 ILCS 126/20)

    Sec. 20. Summer food service program.

    (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 February 1, 2008
January 15, 2006.


    (b) On or before February 15, 2008, a school district must 
promulgate a plan to have a summer breakfast or lunch (or both) 
food service program for each school (i) in which at least 50% 
of the students are eligible for free or reduced-price school 
meals and (ii) that has a summer school program. The plan must 
be implemented during the summer of 2008.  Each summer food 
service program must operate for the duration of the school's 
summer school program. If the school district has one or more 
elementary schools that qualify, the summer food service 
program must be operated in a manner that ensures all eligible 
students receive services.  If a school in which at least 50% of 
the students are eligible for free or reduced-price school 
meals is not open during the summer months, the school  shall 
provide information regarding the number of children in the 
school who are eligible for free or reduced-price school meals 
upon request by a not-for-profit entity.
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.


    (c) Summer food service programs established under this 
Section shall
may
be
supported by federal funds and commodities

and other available State and local resources.


    (d) A school district shall be allowed to opt out of the

summer food service 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 summer food 
service program.
The school district shall petition its 
regional superintendent
of schools by January 15 to request to 
be exempt from the
summer food service program requirement. The 
petition shall
include all legitimate costs associated with 
implementing and
operating a summer food service 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 March 1,
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 summer food service

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 summer food service program in

accordance with this Section the summer following the current 
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 April 1 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 summer food service
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 summer food service 
program. If the State Superintendent does not grant
an 
exemption to the school district, then the school district

shall implement and operate a summer food service program in

accordance with this Section the summer following the current 
school year.
(Source: P.A. 93-1086, eff. 2-15-05.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.