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91_HB2379enr 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 andFreeLunch 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 HB2379 Enrolled -2- LRB9103052NTsb 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.). HB2379 Enrolled -3- LRB9103052NTsb 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.)the4program whereby certain types of lunches called balanced,5nutritious lunches adopted as standard types and designated6by 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 other14designated sponsors ofschool lunch programs for a portion of 15 the costs of food served in balanced, nutritious breakfasts 16 or lunches,and served to studentsin schools operated not17for profit,in non-profit public or privateparochialschools 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 contributionsfor 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 HB2379 Enrolled -4- LRB9103052NTsb 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 HB2379 Enrolled -5- LRB9103052NTsb 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 suchschool lunchprograms. 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,andfree 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 programsschool lunch program or free18breakfast 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 programin23effect 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.) HB2379 Enrolled -9- LRB9103052NTsb 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 boardschool5districtand welfare center, whereupon the Comptroller shall 6 draw his warrants on the State Treasurer for the amounts 7 certified for the various school boardsdistrictsand 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.