Illinois General Assembly - Full Text of SB2209
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Full Text of SB2209  103rd General Assembly


Sen. Christopher Belt

Filed: 3/8/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2209 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Breakfast and Lunch Program Act is
5amended by changing Sections 1, 2, and 2.5 and by adding
6Section 2.1 as follows:
7    (105 ILCS 125/1)  (from Ch. 122, par. 712.1)
8    Sec. 1. Definitions. For the purposes of this Act:
9    "School board" means school principal, directors, board of
10education and board of school inspectors of public and private
12    "Welfare center" means an institution not otherwise
13receiving funds from any governmental agency, serving
14breakfasts or lunches to children of school age or under, in
15conformance with the authorized free breakfast program, school
16breakfast program, free lunch program, or school lunch



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2    "Free breakfast program" means those programs through
3which school boards may supply needy children in their
4respective districts with free school breakfasts.
5    "Free lunch program" means those programs through which
6school boards supply all of the needy children in their
7respective districts with free school lunches.
8    "Reduced-price copayment" means the amount a
9reduced-price-eligible student would be charged for a
10reduced-price meal under a school breakfast or school lunch
12    "Reduced-price-eligible student" means a student who meets
13the federal income eligibility guidelines for income levels
14for meals at a reduced price pursuant to the federal Child
15Nutrition Act of 1966 (42 U.S.C. 1771) or the federal National
16School Lunch Act (42 U.S.C. 1751).
17    "School breakfast program" means a school breakfast
18program that meets the requirements for school breakfast
19programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771
20et seq.).
21    "School lunch program" means a school lunch program that
22meets the requirements for school lunch programs under the
23National School Lunch Act (42 U.S.C. 1751 et seq.).
24    "Comptroller" means Comptroller of the State of Illinois.
25(Source: P.A. 91-843, eff. 6-22-00.)



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1    (105 ILCS 125/2)  (from Ch. 122, par. 712.2)
2    Sec. 2. Reimbursement of sponsors.
3    (a) The State Board of Education is authorized to
4reimburse school boards and welfare centers that operate free
5breakfast programs, school breakfast programs, free lunch
6programs, or school lunch programs for a portion of the costs
7of food served in balanced, nutritious breakfasts or lunches
8and served to students in non-profit public or private schools
9and non-profit welfare centers.
10    (b) The State Board of Education shall reimburse not less
11than $0.15 or the actual cost, whichever is less, to school
12boards and non-profit welfare centers for each free lunch and
13not less than $0.15 or the actual cost, whichever is less, for
14each free breakfast supplied by them. This appropriation shall
15be in addition to any federal contributions.
16    (c) Subject to appropriation, the State Board of Education
17shall reimburse school boards and non-profit welfare centers
18for the cost of eliminating reduced-price copayments.
19Reimbursement shall be made on a per-meal basis in an amount
20equal to the difference between the federal free meal rate and
21the federal reduced-price rate. This reimbursement shall be in
22addition to any federal or State contributions.
23(Source: P.A. 103-532, eff. 8-11-23.)
24    (105 ILCS 125/2.1 new)
25    Sec. 2.1. Reduced-price copayment; prohibition. No school



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1board or non-profit welfare center that administers a school
2breakfast or school lunch program and receives a reimbursement
3under subsection (c) of Section 2 of this Act may charge a
4reduced-price-eligible student a reduced-price copayment for
6    (105 ILCS 125/2.5)
7    Sec. 2.5. Breakfast incentive program. The State Board of
8Education shall fund a breakfast incentive program comprised
9of the components described in paragraphs (1), (2), and (3) of
10this Section, provided that a separate appropriation is made
11for the purposes of this Section. The State Board of Education
12may allocate the appropriation among the program components in
13whatever manner the State Board of Education finds will best
14serve the goal of increasing participation in school breakfast
15programs. If the amount of the appropriation allocated under
16paragraph (1), (2), or (3) of this Section is insufficient to
17fund all claims submitted under that particular paragraph, the
18claims under that paragraph shall be prorated.
19        (1) Additional funding incentive. The State Board of
20    Education may reimburse each sponsor of a school breakfast
21    program at least an additional $0.10 for each free,
22    reduced-price, and paid breakfast served over and above
23    the number of such breakfasts served in the same month
24    during the preceding year.
25        (2) Start-up incentive. The State Board of Education



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1    may make grants to school boards and welfare centers that
2    agree to start a school breakfast program in one or more
3    schools or other sites. First priority for these grants
4    shall be given through August 15 to schools in which 40% or
5    more of their students are eligible for free and reduced
6    price meals, based on the school district's previous
7    year's October claim, under the National School Lunch Act
8    (42 U.S.C. 1751 et seq.). Depending on the availability of
9    funds and the rate at which funds are being utilized, the
10    State Board of Education is authorized to allow additional
11    schools or other sites to receive these grants in the
12    order in which they are received by the State Board of
13    Education. The amount of the grant shall be $3,500 for
14    each qualifying school or site in which a school breakfast
15    program is started. The grants shall be used to pay the
16    start-up costs for the school breakfast program, including
17    equipment, supplies, and program promotion, but shall not
18    be used for food, labor, or other recurring operational
19    costs. Applications for the grants shall be made to the
20    State Board of Education on forms designated by the State
21    Board of Education. Any grantee that fails to operate a
22    school breakfast program for at least 3 years after
23    receipt of a grant shall refund the amount of the grant to
24    the State Board of Education.
25        (3) Non-traditional breakfast incentive.
26    Understanding that there are barriers to implementing a



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1    school breakfast program in a traditional setting such as
2    in a cafeteria, the State Board of Education may make
3    grants to school boards and welfare centers to offer the
4    school breakfast program in non-traditional settings or
5    using non-traditional methods. Priority will be given to
6    applications through August 15 of each year from schools
7    that are identified as priority schools under Section
8    2-3.25d-5 of the School Code. Depending on the
9    availability of funds and the rate at which funds are
10    being utilized, the State Board of Education is authorized
11    to allow additional schools or other sites to receive
12    these grants in the order in which they are received by the
13    State Board of Education.
14        (4) Breakfast after the bell incentive. Subject to
15    appropriation, the State Board of Education shall make
16    grants to school boards or welfare centers that initiate
17    or expand breakfast after the bell programs under Section
18    16 of the Childhood Hunger Relief Act at one or more
19    schools or other sites. Grants of up to $7,500 shall be
20    given on a competitive basis for nonrecurring expenses
21    incurred in initiating or expanding a breakfast after the
22    bell programs. Eligible costs include, but are not limited
23    to,
     the acquisition of equipment, training of staff in new
24    capacities, outreach efforts to publicize the program,
25    minor building alterations to accommodate new equipment,
26    computer point-of-service systems for food service, and



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1    the purchase of vehicles for transporting food to schools.
2    Funds may not be used for salaries and benefits of staff or
3    food for school meal programs. Priority shall be given to
4    applications submitted through August 15 of each year by
5    school boards and welfare centers that have high rates of
6    free and reduced-price eligible students, as determined by
7    the State Board of Education, and that agree to operate
8    the program for a minimum of 3 years.
9(Source: P.A. 99-193, eff. 7-30-15.)
10    Section 10. The Childhood Hunger Relief Act is amended by
11changing Section 15 as follows:
12    (105 ILCS 126/15)
13    Sec. 15. School breakfast program.
14    (a) The board of education of each school district in this
15State shall implement and operate a school breakfast program
16in the next school year, if a breakfast program does not
17currently exist, in accordance with federal guidelines in each
18school building within its district in which at least 40% or
19more of the students are eligible for free or reduced-price
20lunches based upon the current year's October claim (for those
21schools that participate in the National School Lunch Program)
22or in which at least 40% or more of the students are classified
23as low-income according to the Fall Housing Data from the
24previous year (for those schools that do not participate in



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1the National School Lunch Program).
2    (b) School districts may charge students who do not meet
3federal criteria for free school meals for the breakfasts
4served to these students within the allowable limits set by
5federal regulations, except as provided in Section 2.1 of the
6School Breakfast and Lunch Program Act.
7    (c) School breakfast programs established under this
8Section shall be supported entirely by federal funds and
9commodities, charges to students and other participants, and
10other available State and local resources, including under the
11School Breakfast and Lunch Program Act. Allowable costs for
12reimbursement to school districts, in accordance with the
13United States Department of Agriculture, include compensation
14of employees for the time devoted and identified specifically
15to implement the school breakfast program; the cost of
16materials acquired, consumed, or expended specifically to
17implement the school breakfast program; equipment and other
18approved capital expenditures necessary to implement the
19school breakfast program; and transportation expenses incurred
20specifically to implement and operate the school breakfast
22    (d) A school district shall be allowed to opt out a school
23or schools from the school breakfast program requirement of
24this Section if it is determined that, due to circumstances
25specific to that school district, the expense reimbursement
26would not fully cover the costs of implementing and operating



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



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1operate a school breakfast program in accordance with this
2Section by the first student attendance day of the next school
3year. However, the school district or a resident of the school
4district may by April 15 appeal the decision of the regional
5superintendent to the State Superintendent of Education. The
6State Superintendent shall hear appeals on the decisions of
7regional superintendents of schools no later than May 15 of
8each year. The State Superintendent shall make a final
9decision at the conclusion of the hearing on the school
10district's request for an exemption from the school breakfast
11program requirement. If the State Superintendent grants an
12exemption, then the school district is relieved from the
13requirement to implement and operate a school breakfast
14program in the school or schools granted an exemption for the
15next school year. If the State Superintendent does not grant
16an exemption, then the school district shall implement and
17operate a school breakfast program in accordance with this
18Section by the first student attendance day of the next school
20    A school district may not attempt to opt out a school or
21schools from the school breakfast program requirement of this
22Section by requesting a waiver under Section 2-3.25g of the
23School Code.
24    (e) For all schools that operate a school breakfast
25program, the State Board of Education shall collect
26information on an annual basis about whether the school is



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1operating a breakfast after the bell program under Section 16
2and, if so, which breakfast after the bell model the school
3uses. For the purposes of this Section, breakfast after the
4bell models include breakfast in the classroom, second chance
5breakfast, and grab and go breakfast. The State Board of
6Education shall make this data publicly available annually.
7(Source: P.A. 96-158, eff. 8-7-09.)".