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| Public Act 099-0850 | ||||
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AN ACT concerning education.
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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 5. The Childhood Hunger
Relief Act is amended by | ||||
adding Section 16 as follows: | ||||
(105 ILCS 126/16 new) | ||||
Sec. 16. Breakfast after the bell program. | ||||
(a) For the purposes of this Section, "breakfast after the | ||||
bell" means breakfast is provided to children after the | ||||
instructional day has officially begun. This term does not | ||||
prohibit schools from also providing breakfast before the | ||||
instructional day begins. | ||||
(b) The board of education of each school district in this | ||||
State shall implement and operate a breakfast after the bell | ||||
program by the first school day of the next academic year after | ||||
the effective date of this amendatory Act of the 99th General | ||||
Assembly, if a breakfast after the bell program does not | ||||
currently exist, in each school building within its district | ||||
(1) in which at least 70% or more of the students are eligible | ||||
for free or reduced-price lunches based upon the previous | ||||
year's October claim (for those schools that participate in the | ||||
National School Lunch Program); (2) in which at least 70% 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); | ||
or (3) that has an individual site percentage for free or | ||
reduced-price meals of 70% or more (for those schools using | ||
Provision 2 under Section 11(a)(1) of the federal Richard B. | ||
Russell National School Lunch Act or the Community Eligibility | ||
Provision under Section 104(a) of the federal Healthy, | ||
Hunger-Free Kids Act of 2010 to provide universal meals). If a | ||
school falls below the applicable 70% threshold for 2 | ||
consecutive years, it has the option to continue participating | ||
in the program, but is not required to do so. | ||
(c) Each school under this Section may determine the | ||
breakfast after the bell service model that best suits its | ||
students. Service models include, but are not limited to, | ||
breakfast in the classroom, grab and go breakfast, and | ||
second-chance breakfast. | ||
(d) School districts required to implement a breakfast | ||
after the bell program provided for under this Section that | ||
demonstrate that (i) they are delivering school breakfast | ||
effectively, as defined by 70% or more of free or reduced-price | ||
eligible students participating in the School Breakfast | ||
Program, or (ii) due to circumstances specific to that school | ||
district, the expense reimbursement would not fully cover the | ||
costs of implementing and operating a breakfast after the bell | ||
program may be relieved of the delivery model requirement | ||
provided for in this Section after a cost analysis is submitted | ||
to the board of education of the district, the board of | ||
education holds a public hearing, and the board of education | ||
passes a resolution that the district cannot afford to operate | ||
a breakfast after the bell program. The district shall post | ||
information that sets forth the time, date, place, and general | ||
subject matter of the public hearing on its website and notify | ||
the State Board of Education at least 14 days prior to the | ||
hearing. | ||
(e) Before the beginning of the next academic year after | ||
the effective date of this amendatory Act of the 99th General | ||
Assembly, the State Board of Education shall develop and | ||
distribute guidelines for the implementation of this Section, | ||
which must be in compliance with federal regulations governing | ||
the school breakfast program. | ||
(f) The State Board of Education shall annually collect | ||
information about breakfast after the bell delivery models | ||
implemented at each school and make the information publicly | ||
available. Final resolutions approving a breakfast after the | ||
bell exemption must be submitted by the board of education of | ||
the district to the State Board of Education upon passage. | ||
(g) In fulfilling its responsibilities under this Section, | ||
the State Board of Education shall collaborate with school | ||
districts and nonprofit organizations knowledgeable about | ||
equity, the opportunity gap, hunger and food security issues, | ||
and best practices for improving student access to school | ||
breakfast. The State Board of Education shall collaborate with | ||
nonprofit organizations knowledgeable about food security | ||
issues and best practices for improving access to school | ||
breakfast to create and post a list of opportunities for | ||
philanthropic support of school breakfast programs on its | ||
website. This information must also be shared with school | ||
districts.
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Section 99. Effective date. This Act takes effect January | ||
1, 2017.
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