State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB2379 Enrolled                                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  5.  The School Free Lunch Program Act is amended
 5    by changing the title of the Act and Sections 0.01, 1, 2,  3,
 6    4,  5,  6, 7, 8, and 9 and by adding Sections 0.05 and 2.5 as
 7    follows:

 8        (105 ILCS 125/Act title)
 9        An Act authorizing school boards and welfare  centers  to
10    sponsor  community  school  breakfast  and lunch programs and
11    free  breakfast  and  lunch  programs  and  authorizing   and
12    requiring  free  school  lunch  programs, providing for State
13    reimbursement.

14        (105 ILCS 125/0.01) (from Ch. 122, par. 712.01)
15        Sec. 0.01.  Short title.  This Act may be  cited  as  the
16    School Breakfast and Free Lunch Program Act.
17    (Source: P.A. 86-1324.)

18        (105 ILCS 125/0.05 new)
19        Sec.  0.05.  State  policy  and  legislative intent.  The
20    General Assembly recognizes that hunger and food security are
21    serious problems in the State of Illinois with as many as one
22    million citizens being affected.  These  citizens  have  lost
23    their  sense  of  food  security.   It is estimated that just
24    under 600,000 Illinois children  experience  hunger  or  food
25    insecurity, meaning that they either go without eating meals,
26    or  their parents cannot provide the kinds of food they need.
27    Because  low-income  children  are   not   being   adequately
28    nourished,  even  to  the  point  where  many are arriving at
29    school hungry, the General Assembly believes  it  is  in  the
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 1    best  interest  of  Illinois  to  utilize resources available
 2    through existing child nutrition  programs,  to  the  fullest
 3    extent possible.
 4        The   General   Assembly   also   recognizes  a  definite
 5    correlation between adequate child nutrition  and  a  child's
 6    physical,  emotional,  and  cognitive  development.  There is
 7    also a correlation between adequate nutrition and  a  child's
 8    ability  to  perform  well  in  school.   In this regard, the
 9    General Assembly realizes  the  importance  of  the  National
10    School Breakfast Program as an effective measure that must be
11    widely  implemented  to  insure  more  adequate nutrition for
12    Illinois children.

13        (105 ILCS 125/1) (from Ch. 122, par. 712.1)
14        Sec. 1.  Definitions. For the purposes of this Act:
15        "School board" means school principal,  directors,  board
16    of  education  and  board  of school inspectors of public and
17    private schools.
18        "Welfare  center"  means  an  institution  not  otherwise
19    receiving  funds  from  any  governmental   agency,   serving
20    breakfasts  or lunches to children of school age or under, in
21    conformance  with  the  authorized  free  breakfast  program,
22    school breakfast program, free lunch program, or school lunch
23    program.
24        "Free breakfast program"  means  those  programs  through
25    which  school  boards  may  supply  needy  children  in their
26    respective districts with free school breakfasts.
27        "Free lunch program" means those programs  through  which
28    school  boards  supply  all  of  the  needy children in their
29    respective districts with free school lunches.
30        "School  breakfast  program"  means  a  school  breakfast
31    program that meets  the  requirements  for  school  breakfast
32    programs  under  the  Child  Nutrition Act of 1966 (42 U.S.C.
33    1771 et seq.).
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 1        "School lunch program" means a school lunch program  that
 2    meets  the  requirements  for school lunch programs under the
 3    National School Lunch  Act  (42  U.S.C.  1751  et  seq.)  the
 4    program  whereby  certain  types  of lunches called balanced,
 5    nutritious lunches adopted as standard types  and  designated
 6    by the State Board of Education, are furnished to students.
 7        "Comptroller" means Comptroller of the State of Illinois.
 8    (Source: P.A. 81-1508.)

 9        (105 ILCS 125/2) (from Ch. 122, par. 712.2)
10        Sec.  2.  Reimbursement  of  sponsors. The State Board of
11    Education is  authorized  to  reimburse  school  boards  and,
12    welfare  centers that operate free breakfast programs, school
13    breakfast  programs,  free  lunch  programs,  or,  and  other
14    designated sponsors of school lunch programs for a portion of
15    the costs of food served in balanced,  nutritious  breakfasts
16    or  lunches,  and  served to students in schools operated not
17    for profit, in non-profit public or private parochial schools
18    and non-profit welfare centers.
19        The State Board of Education  shall  reimburse  not  less
20    than  $0.15  or the actual cost, whichever is less, to School
21    Boards for each free lunch and not less  than  $0.15  or  the
22    actual  cost,  whichever  is  less,  for  each free breakfast
23    supplied by them. This appropriation shall be in addition  to
24    any federal contributions for Free Lunch Programs.
25    (Source: P.A. 83-728.)

26        (105 ILCS 125/2.5 new)
27        Sec.  2.5.  Breakfast incentive program.  The State Board
28    of  Education  shall  fund  a  breakfast  incentive   program
29    comprised of the components described in paragraphs (1), (2),
30    and   (3)   of   this   Section,  provided  that  a  separate
31    appropriation is made for the purposes of this Section.   The
32    State Board of Education may allocate the appropriation among
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 1    the  program components in whatever manner the State Board of
 2    Education finds  will  best  serve  the  goal  of  increasing
 3    participation in school breakfast programs.  If the amount of
 4    the  appropriation allocated under paragraph (1), (2), or (3)
 5    of this Section is insufficient to fund all claims  submitted
 6    under  that  particular  paragraph,  the  claims  under  that
 7    paragraph shall be prorated.
 8             (1)  The State Board of Education may reimburse each
 9        sponsor of a school breakfast program an additional $0.10
10        for  each  free, reduced-price, and paid breakfast served
11        over and above the number of such  breakfasts  served  in
12        the  same  month during the preceding year, provided that
13        the number of breakfasts served by the  sponsor  in  that
14        month  is  at  least  10%  greater  than  the  number  of
15        breakfasts  served in the same month during the preceding
16        year.
17             (2)  The State Board of Education may make grants to
18        school boards and welfare centers that agree to  start  a
19        school  breakfast program in one or more schools or other
20        sites.  First priority for these grants shall be given to
21        schools in which  50%  or  more  of  their  students  are
22        eligible  for  free  and  reduced  price  meals under the
23        National School Lunch  Act  (42  U.S.C.  1751  et  seq.).
24        Depending  on  the  availability of funds and the rate at
25        which funds  are  being  utilized,  the  State  Board  of
26        Education  is  authorized  to allow additional schools or
27        other  sites  to  receive  these   grants.    In   making
28        additional  grants,  the  State  Board of Education shall
29        provide for priority to be  given  to  schools  with  the
30        highest  percentage  of  students  eligible  for free and
31        reduced price lunches under  the  National  School  Lunch
32        Act.    The  amount of the grant shall be $3,500 for each
33        qualifying school or site in  which  a  school  breakfast
34        program  is started.  The grants shall be used to pay the
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 1        start-up  costs  for  the   school   breakfast   program,
 2        including equipment, supplies, and program promotion, but
 3        shall  not  be  used  for food, labor, or other recurring
 4        operational costs.  Applications for the grants shall  be
 5        made  to the State Board of Education on forms designated
 6        by the State Board of Education.  Any grantee that  fails
 7        to  operate  a  school  breakfast  program for at least 3
 8        years after receipt of a grant shall refund the amount of
 9        the grant to the State Board of Education.
10             (3)  The State Board of Education  may  reimburse  a
11        school  board  for  each  free,  reduced-price,  or  paid
12        breakfast served in a school breakfast program located in
13        a  school  in  which  80%  or  more  of  the students are
14        eligible to receive free or reduced price  lunches  under
15        the National School Lunch Act (42 U.S.C. 1751 et seq.) in
16        an amount equal to the difference between (i) the current
17        amount  reimbursed  by  the federal government for a free
18        breakfast and (ii) the amount actually reimbursed by  the
19        federal  government for that free, reduced-price, or paid
20        breakfast.  A school board  that  receives  reimbursement
21        under  this  paragraph  (3)  shall not be eligible in the
22        same year to receive reimbursement under paragraph (1) of
23        this Section.

24        (105 ILCS 125/3) (from Ch. 122, par. 712.3)
25        Sec.   3.  Agreements   with    sponsors;    standardized
26    breakfasts  and  lunches.    The  State Board of Education is
27    authorized to enter into agreements with the sponsors of free
28    breakfast programs, school  breakfast  programs,  free  lunch
29    programs,  and  school  lunch  programs,  and shall prepare a
30    standardized, general list of type  breakfasts  and  lunches,
31    for which the State will reimburse, subject to the provisions
32    of Section 8, the sponsors of such school lunch programs.
33        The  State Board of Education is also authorized to enter
HB2379 Enrolled             -6-                LRB9103052NTsb
 1    into agreements with any governmental agency, school  boards,
 2    corporations,  private  individuals, or welfare centers which
 3    would  permit  the  distribution  or  processing  of  surplus
 4    commodities or in any other way tend to  improve  the  school
 5    breakfast program or school lunch program.
 6    (Source: P.A. 87-420.)

 7        (105 ILCS 125/4) (from Ch. 122, par. 712.4)
 8        Sec.  4.  Accounts;  copies  of  menus served; free lunch
 9    program required; report.  School boards and welfare  centers
10    shall  keep an accurate, detailed and separate account of all
11    moneys expended for school breakfast programs,  school  lunch
12    programs,   and  free  breakfast  programs,  and  free  lunch
13    programs, and of the amounts for which they are reimbursed by
14    any governmental agency, moneys received  from  students  and
15    from any other contributors to the program. School boards and
16    welfare  centers  shall also keep on file a copy of all menus
17    served under  the  programs  school  lunch  program  or  free
18    breakfast  or  free  lunch  program,  which together with all
19    records  of  receipts  and  disbursements,  shall   be   made
20    available  to representatives of the State Board of Education
21    at any time.
22        Every public school must have a  free  lunch  program  in
23    effect by September 1, 1970.
24        In  2001  and in each subsequent year, the State Board of
25    Education shall provide  to  the  Governor  and  the  General
26    Assembly,  by  a  date  not later than March 1, a report that
27    provides all of the following:
28             (1)  A list by school district of all  schools,  the
29        total  student  enrollment,  and  the  number of children
30        eligible for free, reduced price, and paid breakfasts and
31        lunches.
32             (2)  A list of schools that have  started  breakfast
33        programs  during  the past year along with information on
HB2379 Enrolled             -7-                LRB9103052NTsb
 1        which schools have utilized the  $3,500  start-up  grants
 2        and the additional $0.10 per meal increased participation
 3        incentives established under Section 2.5 of this Act.
 4             (3)  A  list  of  schools  that have used the school
 5        breakfast program option outlined in this Act, a list  of
 6        schools  that  have  exercised Provision Two or Provision
 7        Three under the Child Nutrition Act of  1966  (42  U.S.C.
 8        1771  et  seq.),  and a list of schools that have dropped
 9        either school lunch or school breakfast  programs  during
10        the past year and the reasons why.
11        In  2001,  2003,  and  2005  the  report required by this
12    Section shall also include  information  that  documents  the
13    results  of surveys designed to identify parental interest in
14    school  breakfast  programs   and   documents   barriers   to
15    establishing  school  breakfast  programs.   To  develop  the
16    surveys  for school administrators and for parents, the State
17    Board of Education shall work in coordination with the  State
18    Board  of  Education's  Child  Nutrition Advisory Council and
19    local committees that involve parents, teachers,  principals,
20    superintendents,   business,   and   anti-hunger   advocates,
21    organized by the State Board of Education to foster community
22    involvement.   The  State Board of Education is authorized to
23    distribute the surveys in all  schools  where  there  are  no
24    school breakfast programs.
25    (Source: P.A. 81-1508.)

26        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
27        Sec.   5.  Application  for  participation  in  programs.
28    Applications  for  participation  in  the  school   breakfast
29    program,   the  school  lunch  program,  the  free  breakfast
30    program, and the free lunch program shall be  made  on  forms
31    provided  by  the State Board of Education and filed with the
32    State Board, through the Regional Superintendent of Schools.
33    (Source: P.A. 81-1508.)
HB2379 Enrolled             -8-                LRB9103052NTsb
 1        (105 ILCS 125/6) (from Ch. 122, par. 712.6)
 2        Sec. 6.  Disapproval or reduction of reimbursement.   The
 3    State  Board of Education may disapprove any reimbursement if
 4    it is found that balanced, nutritious meals are not served in
 5    accordance with the prescribed standards.
 6        The State Board of Education may reduce or disapprove the
 7    amount of reimbursement if it is found that the total  income
 8    for  the  free  breakfast  program, school breakfast program,
 9    free lunch program,  or  school  lunch  program  exceeds  the
10    expenditures therefor.
11    (Source: P.A. 87-420.)

12        (105 ILCS 125/7) (from Ch. 122, par. 712.7)
13        Sec.  7.  Disbursement of funds.   The funds appropriated
14    shall be  paid  to  school  boards  and  welfare  centers  in
15    accordance   with  the  reimbursement  rates  established  in
16    Section  2.   If  the  total  amount  of   the   claims   for
17    reimbursement   for   any  school  year  exceeds  the  amount
18    appropriated for that year, the money shall be apportioned to
19    each  claimant  in  an  equitable  manner  based  upon  meals
20    claimed.
21    (Source: P.A. 87-420.)

22        (105 ILCS 125/8) (from Ch. 122, par. 712.8)
23        Sec. 8.  Filing and forwarding claims for  reimbursement.
24    School  boards  and  welfare  centers  shall  file claims for
25    reimbursement, on  forms  provided  by  the  State  Board  of
26    Education,  with the Regional Superintendent of Schools, on a
27    monthly basis as prescribed by the State Board of Education.
28        The Regional Superintendent of  Schools  shall  sign  and
29    forward to the State Board of Education one copy of each such
30    claim filed with him.
31    (Source: P.A. 87-420.)
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 1        (105 ILCS 125/9) (from Ch. 122, par. 712.9)
 2        Sec.  9.  Certification and payment of claims.  The State
 3    Board of Education shall prepare and  certify  to  the  State
 4    Comptroller at least monthly the amount due each board school
 5    district  and welfare center, whereupon the Comptroller shall
 6    draw his warrants on the  State  Treasurer  for  the  amounts
 7    certified for the various school boards districts and welfare
 8    centers.
 9    (Source: P.A. 88-641, eff. 9-9-94.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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