State of Illinois
91st General Assembly
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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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