103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3052

 

Introduced 2/17/2023, by Rep. Jawaharial Williams

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 126/15
105 ILCS 126/18 new

    Amends the Childhood Hunger Relief Act. Provides that for all schools operating a school breakfast program, the State Board of Education shall collect information about whether the school is operating a breakfast after the bell program and, if so, what breakfast after the bell model the school operates, including breakfast in the classroom, second chance breakfast, and grab and go breakfast. Provides that the State Board of Education shall make this data publicly available annually. Provides that, subject to appropriation, the State Board of Education shall award grants of up to $7,000 per school site on a competitive basis to eligible schools, school districts, or entities approved by the State Board of Education for nonrecurring expenses incurred in initiating a school breakfast after the bell program. Sets forth what the grants may be used for and who gets preference for a grant.


LRB103 30040 RJT 56461 b

 

 

A BILL FOR

 

HB3052LRB103 30040 RJT 56461 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Childhood Hunger Relief Act is amended by
5changing Section 15 and by adding Section 18 as follows:
 
6    (105 ILCS 126/15)
7    Sec. 15. School breakfast program.
8    (a) The board of education of each school district in this
9State shall implement and operate a school breakfast program
10in the next school year, if a breakfast program does not
11currently exist, in accordance with federal guidelines in each
12school building within its district in which at least 40% or
13more of the students are eligible for free or reduced-price
14lunches based upon the current year's October claim (for those
15schools that participate in the National School Lunch Program)
16or in which at least 40% or more of the students are classified
17as low-income according to the Fall Housing Data from the
18previous year (for those schools that do not participate in
19the National School Lunch Program).
20    (b) School districts may charge students who do not meet
21federal criteria for free school meals for the breakfasts
22served to these students within the allowable limits set by
23federal regulations.

 

 

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1    (c) School breakfast programs established under this
2Section shall be supported entirely by federal funds and
3commodities, charges to students and other participants, and
4other available State and local resources, including under the
5School Breakfast and Lunch Program Act. Allowable costs for
6reimbursement to school districts, in accordance with the
7United States Department of Agriculture, include compensation
8of employees for the time devoted and identified specifically
9to implement the school breakfast program; the cost of
10materials acquired, consumed, or expended specifically to
11implement the school breakfast program; equipment and other
12approved capital expenditures necessary to implement the
13school breakfast program; and transportation expenses incurred
14specifically to implement and operate the school breakfast
15program.
16    (d) A school district shall be allowed to opt out a school
17or schools from the school breakfast program requirement of
18this Section if it is determined that, due to circumstances
19specific to that school district, the expense reimbursement
20would not fully cover the costs of implementing and operating
21a school breakfast program. The school district shall petition
22its regional superintendent of schools by February 15 of each
23year to request to be exempt from operating the school
24breakfast program in the school or schools in the next school
25year. The petition shall include all legitimate costs
26associated with implementing and operating a school breakfast

 

 

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1program, the estimated reimbursement from State and federal
2sources, and any unique circumstances the school district can
3verify that exist that would cause the implementation and
4operation of such a program to be cost prohibitive.
5    The regional superintendent of schools shall review the
6petition. In accordance with the Open Meetings Act, he or she
7shall convene a public hearing to hear testimony from the
8school district and interested community members. The regional
9superintendent shall, by March 15 of each year, inform the
10school district of his or her decision, along with the reasons
11why the exemption was granted or denied, in writing. The
12regional superintendent must also send notification to the
13State Board of Education detailing which schools requested an
14exemption and the results. If the regional superintendent
15grants an exemption to the school district, then the school
16district is relieved from the requirement to establish and
17implement a school breakfast program in the school or schools
18granted an exemption for the next school year.
19    If the regional superintendent of schools does not grant
20an exemption, then the school district shall implement and
21operate a school breakfast program in accordance with this
22Section by the first student attendance day of the next school
23year. However, the school district or a resident of the school
24district may by April 15 appeal the decision of the regional
25superintendent to the State Superintendent of Education. The
26State Superintendent shall hear appeals on the decisions of

 

 

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1regional superintendents of schools no later than May 15 of
2each year. The State Superintendent shall make a final
3decision at the conclusion of the hearing on the school
4district's request for an exemption from the school breakfast
5program requirement. If the State Superintendent grants an
6exemption, then the school district is relieved from the
7requirement to implement and operate a school breakfast
8program in the school or schools granted an exemption for the
9next school year. If the State Superintendent does not grant
10an exemption, then the school district shall implement and
11operate a school breakfast program in accordance with this
12Section by the first student attendance day of the next school
13year.
14    A school district may not attempt to opt out a school or
15schools from the school breakfast program requirement of this
16Section by requesting a waiver under Section 2-3.25g of the
17School Code.
18    (e) For all schools operating a school breakfast program,
19the State Board of Education shall collect information about
20whether the school is operating a breakfast after the bell
21program under Section 16 and, if so, what breakfast after the
22bell model the school operates, including breakfast in the
23classroom, second chance breakfast, and grab and go breakfast.
24The State Board of Education shall make this data publicly
25available annually.
26(Source: P.A. 96-158, eff. 8-7-09.)
 

 

 

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1    (105 ILCS 126/18 new)
2    Sec. 18. Breakfast after the bell grant program.
3    (a) Subject to appropriation, the State Board of Education
4shall award grants of up to $7,000 per school site on a
5competitive basis to eligible schools, school districts, or
6entities approved by the State Board of Education for
7nonrecurring expenses incurred in initiating a school
8breakfast program under Section 16.
9    Grants awarded under this Section shall be used for
10nonrecurring costs of initiating a breakfast after the bell
11program, including, but not limited to, the acquisition of
12equipment, training of staff in new capacities, outreach
13efforts to publicize new or expanded school breakfast
14programs, minor alterations to accommodate new equipment,
15computer point-of-service systems for food service, and the
16purchase of vehicles for transporting food to schools.
17    (b) In making grant awards under this Section, the State
18Board of Education shall give a preference to grant applicants
19that do all of the following:
20        (1) Submit to the State Board of Education a plan to
21    start or expand school breakfast programs in the school
22    district or the educational service region, including a
23    description of the following:
24            (A) a description of each eligible school site's
25        breakfast program under Section 16, including which

 

 

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1        school and school district stakeholders have been
2        engaged in the development of the program, including
3        but not limited to superintendent, principal, business
4        manager, school food service personnel, school nurse,
5        teachers, and janitorial staff;
6            (B) a budget outlining the nonrecurring expenses
7        needed to initiate a program at each school site; and
8            (C) any public or private resources that have been
9        assembled to carry out expansion of school breakfast
10        programs during the school year.
11        (2) Agree to operate a school breakfast program under
12    Section 16 for a period of not less than 3 school years.
13        (3) Have higher rates of free or reduced-price
14    eligible students.