HB3052eng 103RD GENERAL ASSEMBLY

HB3052 Engrossed LRB103 30040 RJT 56461 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 15 and by adding Section 18 as follows:

(105 ILCS 126/15)

Sec. 15. School breakfast program.

(a) The board of education of each school district in this State shall implement and operate a school breakfast program in the next school year, 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 current year's October claim (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).

(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.

(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 a school or schools from 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 February 15 of each year to request to be exempt from operating the school breakfast program in the school or schools in the next school year. 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 or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, by March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which schools requested an exemption and the results. 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 in the school or schools granted an exemption for the next school year.

If the regional superintendent of schools does not grant an exemption, then the school district shall implement and operate a school breakfast program in accordance with this Section by the first student attendance day of the next school year. However, the school district or a resident of the school district may by April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. 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, then the school district is relieved from the requirement to implement and operate a school breakfast program in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement and operate a school breakfast program in accordance with this Section by the first student attendance day of the next school year.

A school district may not attempt to opt out a school or schools from the school breakfast program requirement of this Section by requesting a waiver under Section 2-3.25g of the School Code.

(e) 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 under Section 16 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. The State Board of Education shall make this data publicly available annually.

(Source: P.A. 96-158, eff. 8-7-09.)

(105 ILCS 126/18 new)

Sec. 18. Breakfast after the bell grant program.

(a) 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 program under Section 16.

Grants awarded under this Section shall be used for nonrecurring costs of initiating a breakfast after the bell program, including, but not limited to, the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools.

(b) In making grant awards under this Section, the State Board of Education shall give a preference to grant applicants that do all of the following:

(1) Submit to the State Board of Education a plan to start or expand school breakfast programs in the school district or the educational service region, including a description of the following:

(A) a description of each eligible school site's breakfast program under Section 16, including which school and school district stakeholders have been engaged in the development of the program, including but not limited to superintendent, principal, business manager, school food service personnel, school nurse, teachers, and janitorial staff;

(B) a budget outlining the nonrecurring expenses needed to initiate a program at each school site; and

(C) any public or private resources that have been assembled to carry out expansion of school breakfast programs during the school year.

(2) Agree to operate a school breakfast program under Section 16 for a period of not less than 3 school years.

(3) Have higher rates of free or reduced-price eligible students.