State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB2379

 
                                               LRB9103052NTsb

 1        AN ACT concerning nutritional services for children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Childhood Hunger Prevention Act.

 6        Section 5.  State policy  and  legislative  intent.   The
 7    General Assembly recognizes that hunger and food security are
 8    serious problems in the State of Illinois with as many as one
 9    million  citizens  being  affected.  These citizens have lost
10    their sense of food security.   It  is  estimated  that  just
11    under  600,000  Illinois  children  experience hunger or food
12    insecurity, meaning that they either go without eating meals,
13    or their parents cannot provide the kinds of food they  need.
14    Because   low-income   children   are  not  being  adequately
15    nourished, even to the  point  where  many  are  arriving  at
16    school  hungry,  the  General  Assembly believes it is in the
17    best interest of  Illinois  to  utilize  resources  available
18    through  existing  child  nutrition  programs, to the fullest
19    extent possible.
20        The  General  Assembly   also   recognizes   a   definite
21    correlation  between  adequate  child nutrition and a child's
22    physical, emotional, and  cognitive  development.   There  is
23    also  a  correlation between adequate nutrition and a child's
24    ability to perform well  in  school.   In  this  regard,  the
25    General  Assembly  realizes  the  importance  of the National
26    School Breakfast Program and the Summer Food Service  Program
27    as  effective  measures  that  must  be widely implemented to
28    insure more adequate nutrition for Illinois children.

29        Section 10.  Definitions.  In this Act:
30        "Hunger" means a symptom of poverty caused by a  lack  of
 
                            -2-                LRB9103052NTsb
 1    resources  that  prevents  the  purchasing of a nutritionally
 2    adequate diet resulting  in  a  chronic  condition  of  being
 3    undernourished.
 4        "Food   insecurity"   means   a   limited   or  uncertain
 5    availability of nutritionally adequate foods.
 6        "Food security" means assured access to enough  food  for
 7    an active, healthy life.
 8        "School   Breakfast  Program"  means  the  federal  child
 9    nutrition entitlement program  that  helps  serve  nourishing
10    low-cost  breakfast meals to school children.  In addition to
11    cash assistance, participating schools get USDA-donated foods
12    and technical guidance.  Payments to schools are  higher  for
13    meals  served to children who qualify, on the basis of family
14    size and  income,  for  free  or  reduced-price  meals.   The
15    program  is  administered  in  Illinois by the State Board of
16    Education.
17        "Summer Food Service Program"  means  the  federal  child
18    nutrition  entitlement  program  that helps communities serve
19    meals to needy children when school is not in  session.   The
20    USDA reimburses sponsors for operating costs of food services
21    up  to  a  specific  maximum  rate  for each meal served.  In
22    addition, sponsors receive some  reimbursement  for  planning
23    and   supervising  expenses.   The  program  in  Illinois  is
24    administered by the State Board of Education.

25        Section 15.  School breakfast program.
26        (a)  By September 1, 2001, the board of education of each
27    school district  in  this  State  shall  implement  a  school
28    breakfast  program  if a breakfast program does not currently
29    exist, in accordance with federal guidelines in  each  school
30    within  its  district  in  which  at least 40% or more of the
31    students receive free or reduced price lunches.   The  school
32    district  and  the individual schools shall develop a written
33    plan  to  administer  the  breakfast  program  that  includes
 
                            -3-                LRB9103052NTsb
 1    objectives, specific services and activities, and  assessment
 2    and reporting procedures.
 3        During  the 2000-2001 school year, the board of education
 4    of each school district in the State  shall  determine  which
 5    schools  within their districts will be required to implement
 6    a school breakfast program.
 7        (b)  By September 1, 2002, the board of education of each
 8    school district  in  this  State  shall  implement  a  school
 9    breakfast  program  in  accordance with federal guidelines in
10    each school within its district in which 20% or more  of  the
11    students receive free or reduced price lunches if a breakfast
12    program  does  not  currently exist.  The school district and
13    the individual  schools  shall  develop  a  written  plan  to
14    administer  the  breakfast  program that includes objectives,
15    specific  services  and  activities,   and   assessment   and
16    reporting procedures.
17        (c)  By September 1, 2003, the board of education of each
18    school  district  in  this  State  shall  implement  a school
19    breakfast program in accordance with  federal  guidelines  in
20    each  school  within  its  district  in  which a school lunch
21    program is provided if a breakfast program does not currently
22    exist.  The school district and the individual schools  shall
23    develop  a  written  plan to administer the breakfast program
24    that includes objectives, specific services  and  activities,
25    and assessment and reporting procedures.
26        (d)  School districts may charge students who do not meet
27    federal  criteria  for free or reduced price school meals for
28    the breakfasts served to these students within the  allowable
29    limits set by federal regulations.
30        (e)  School  breakfast  programs  established  under this
31    Section shall be supported  entirely  by  federal  funds  and
32    commodities,  charges to students and other participants, and
33    other available State and local  resources,  including  under
34    the School Free Lunch Program Act.
 
                            -4-                LRB9103052NTsb
 1        Section 20.  Summer food service program.
 2        (a)  The  State  Board  of  Education  shall promulgate a
 3    state plan for summer food  service  programs  in  accordance
 4    with  42  USCA 1761 and any other applicable federal laws and
 5    regulations, by February 15, 2001.
 6        (b)  By the summer of 2001, the  board  of  education  of
 7    each  school  district in this State in which at least 50% of
 8    the students receive free or reduced price school meals shall
 9    operate a summer  food  service  program  or  ensure  that  a
10    sponsor  for  a  summer  food service program operates within
11    that district.
12        (c)  Summer  school  food  service  programs  established
13    under this Section shall be supported by  federal  funds  and
14    commodities,  charges to students and other participants, and
15    other available State and local  resources,  including  under
16    the School Free Lunch Program Act.

17        Section 95.  The School Free Lunch Program Act is amended
18    by changing Sections 4 and 5 as follows:

19        (105 ILCS 125/4) (from Ch. 122, par. 712.4)
20        Sec.  4.  School boards and welfare centers shall keep an
21    accurate,  detailed  and  separate  account  of  all   moneys
22    expended   for   school   lunch  programs,  school  breakfast
23    programs, and free breakfast and  free  lunch  programs,  and
24    summer  food  service  programs, and of the amounts for which
25    they  are  reimbursed  by  any  governmental  agency,  moneys
26    received from students and from any other contributors to the
27    program. School boards and welfare centers shall also keep on
28    file a copy of  all  menus  served  under  the  school  lunch
29    program,  school breakfast program, or free breakfast or free
30    lunch program, or summer food service program, which together
31    with all records of receipts and disbursements, shall be made
32    available to representatives of the State Board of  Education
 
                            -5-                LRB9103052NTsb
 1    at any time.
 2        Every  public  school  must  have a free lunch program in
 3    effect by September 1, 1970.
 4    (Source: P.A. 81-1508.)

 5        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
 6        Sec. 5. Applications  for  participation  in  the  school
 7    lunch  program,  school breakfast program, the free breakfast
 8    program, summer food service  program,  and  the  free  lunch
 9    program shall be made on forms provided by the State Board of
10    Education  and  filed  with  the  State  Board,  through  the
11    Regional Superintendent of Schools.
12        A  school  district  shall  certify  any  child that is a
13    member of a household receiving food stamps or a member of  a
14    family  receiving  assistance  under the Temporary Assistance
15    for Needy Families program as eligible for free meals without
16    any further application process or the consent of the child's
17    parent or guardian.  Information about a child's status shall
18    be provided by the Department of Human Services to  a  school
19    district  upon  written request.  A school district shall not
20    use this information for any purpose other  than  determining
21    eligibility.
22    (Source: P.A. 81-1508.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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