State of Illinois
91st General Assembly

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 1                    AMENDMENT TO HOUSE BILL 2379

 2        AMENDMENT NO.     .  Amend House Bill 2379  by  replacing
 3    everything after the enacting clause with the following:

 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
                            -2-            LRB9103052NTksam02
 1    serious problems in the State of Illinois with as many as one
 2    million  citizens  being  affected.  These citizens have lost
 3    their sense of food security.   It  is  estimated  that  just
 4    under  600,000  Illinois  children  experience hunger or food
 5    insecurity, meaning that they either go without eating meals,
 6    or their parents cannot provide the kinds of food they  need.
 7    Because   low-income   children   are  not  being  adequately
 8    nourished, even to the  point  where  many  are  arriving  at
 9    school  hungry,  the  General  Assembly believes it is in the
10    best interest of  Illinois  to  utilize  resources  available
11    through  existing  child  nutrition  programs, to the fullest
12    extent possible.
13        The  General  Assembly   also   recognizes   a   definite
14    correlation  between  adequate  child nutrition and a child's
15    physical, emotional, and  cognitive  development.   There  is
16    also  a  correlation between adequate nutrition and a child's
17    ability to perform well  in  school.   In  this  regard,  the
18    General  Assembly  realizes  the  importance  of the National
19    School Breakfast Program as an effective measure that must be
20    widely implemented to  insure  more  adequate  nutrition  for
21    Illinois children.

22        (105 ILCS 125/1) (from Ch. 122, par. 712.1)
23        Sec. 1.  Definitions. For the purposes of this Act:
24        "School  board"  means school principal, directors, board
25    of education and board of school  inspectors  of  public  and
26    private schools.
27        "Welfare  center"  means  an  institution  not  otherwise
28    receiving   funds   from  any  governmental  agency,  serving
29    breakfasts or lunches to children of school age or under,  in
30    conformance  with  the  authorized  free  breakfast  program,
31    school breakfast program, free lunch program, or school lunch
32    program.
33        "Free  breakfast  program"  means  those programs through
                            -3-            LRB9103052NTksam02
 1    which school  boards  may  supply  needy  children  in  their
 2    respective districts with free school breakfasts.
 3        "Free  lunch  program" means those programs through which
 4    school boards supply all  of  the  needy  children  in  their
 5    respective districts with free school lunches.
 6        "School  breakfast  program"  means  a  school  breakfast
 7    program  that  meets  the  requirements  for school breakfast
 8    programs under the Child Nutrition Act  of  1966  (42  U.S.C.
 9    1771 et seq.).
10        "School  lunch program" means a school lunch program that
11    meets the requirements for school lunch  programs  under  the
12    National  School  Lunch  Act  (42  U.S.C.  1751  et seq.) the
13    program whereby certain types  of  lunches  called  balanced,
14    nutritious  lunches  adopted as standard types and designated
15    by the State Board of Education, are furnished to students.
16        "Comptroller" means Comptroller of the State of Illinois.
17    (Source: P.A. 81-1508.)

18        (105 ILCS 125/2) (from Ch. 122, par. 712.2)
19        Sec. 2.  Reimbursement of sponsors. The  State  Board  of
20    Education  is  authorized  to  reimburse  school  boards and,
21    welfare centers that operate free breakfast programs,  school
22    breakfast  programs,  free  lunch  programs,  or,  and  other
23    designated sponsors of school lunch programs for a portion of
24    the  costs  of food served in balanced, nutritious breakfasts
25    or lunches, and served to students in  schools  operated  not
26    for profit, in non-profit public or private parochial schools
27    and non-profit welfare centers.
28        The  State  Board  of  Education shall reimburse not less
29    than $0.15 or the actual cost, whichever is less,  to  School
30    Boards  for  each  free  lunch and not less than $0.15 or the
31    actual cost, whichever  is  less,  for  each  free  breakfast
32    supplied  by them. This appropriation shall be in addition to
33    any federal contributions for Free Lunch Programs.
                            -4-            LRB9103052NTksam02
 1    (Source: P.A. 83-728.)

 2        (105 ILCS 125/2.5 new)
 3        Sec. 2.5.  Breakfast incentive program.  The State  Board
 4    of   Education  shall  fund  a  breakfast  incentive  program
 5    comprised of the components described in paragraphs (1), (2),
 6    and  (3)  of  this  Section,   provided   that   a   separate
 7    appropriation  is made for the purposes of this Section.  The
 8    State Board of Education may allocate the appropriation among
 9    the program components in whatever manner the State Board  of
10    Education  finds  will  best  serve  the  goal  of increasing
11    participation in school breakfast programs.  If the amount of
12    the appropriation allocated under paragraph (1), (2), or  (3)
13    of  this Section is insufficient to fund all claims submitted
14    under  that  particular  paragraph,  the  claims  under  that
15    paragraph shall be prorated.
16             (1)  The State Board of Education may reimburse each
17        sponsor of a school breakfast program an additional $0.10
18        for each free, reduced-price, and paid  breakfast  served
19        over  and  above  the number of such breakfasts served in
20        the same month during the preceding year,  provided  that
21        the  number  of  breakfasts served by the sponsor in that
22        month  is  at  least  10%  greater  than  the  number  of
23        breakfasts served in the same month during the  preceding
24        year.
25             (2)  The State Board of Education may make grants to
26        school  boards  and welfare centers that agree to start a
27        school breakfast program in one or more schools or  other
28        sites.  First priority for these grants shall be given to
29        schools  in  which  50%  or  more  of  their students are
30        eligible for free  and  reduced  price  meals  under  the
31        National  School  Lunch  Act  (42  U.S.C.  1751 et seq.).
32        Depending on the availability of funds and  the  rate  at
33        which  funds  are  being  utilized,  the  State  Board of
                            -5-            LRB9103052NTksam02
 1        Education is authorized to allow  additional  schools  or
 2        other   sites   to   receive  these  grants.   In  making
 3        additional grants, the State  Board  of  Education  shall
 4        provide  for  priority  to  be  given to schools with the
 5        highest percentage of  students  eligible  for  free  and
 6        reduced  price  lunches  under  the National School Lunch
 7        Act.  The amount of the grant shall be  $3,500  for  each
 8        qualifying  school  or  site  in which a school breakfast
 9        program is started.  The grants shall be used to pay  the
10        start-up   costs   for   the  school  breakfast  program,
11        including equipment, supplies, and program promotion, but
12        shall not be used for food,  labor,  or  other  recurring
13        operational  costs.  Applications for the grants shall be
14        made to the State Board of Education on forms  designated
15        by  the State Board of Education.  Any grantee that fails
16        to operate a school breakfast  program  for  at  least  3
17        years after receipt of a grant shall refund the amount of
18        the grant to the State Board of Education.
19             (3)  The  State  Board  of Education may reimburse a
20        school  board  for  each  free,  reduced-price,  or  paid
21        breakfast served in a school breakfast program located in
22        a school in  which  80%  or  more  of  the  students  are
23        eligible  to  receive free or reduced price lunches under
24        the National School Lunch Act (42 U.S.C. 1751 et seq.) in
25        an amount equal to the difference between (i) the current
26        amount reimbursed by the federal government  for  a  free
27        breakfast  and (ii) the amount actually reimbursed by the
28        federal government for that free, reduced-price, or  paid
29        breakfast.   A  school  board that receives reimbursement
30        under this paragraph (3) shall not  be  eligible  in  the
31        same year to receive reimbursement under paragraph (1) of
32        this Section.

33        (105 ILCS 125/3) (from Ch. 122, par. 712.3)
                            -6-            LRB9103052NTksam02
 1        Sec.    3.  Agreements    with   sponsors;   standardized
 2    breakfasts and lunches.  The  State  Board  of  Education  is
 3    authorized to enter into agreements with the sponsors of free
 4    breakfast  programs,  school  breakfast  programs, free lunch
 5    programs, and school lunch  programs,  and  shall  prepare  a
 6    standardized,  general  list  of type breakfasts and lunches,
 7    for which the State will reimburse, subject to the provisions
 8    of Section 8, the sponsors of such school lunch programs.
 9        The State Board of Education is also authorized to  enter
10    into  agreements with any governmental agency, school boards,
11    corporations, private individuals, or welfare  centers  which
12    would  permit  the  distribution  or  processing  of  surplus
13    commodities  or  in  any other way tend to improve the school
14    breakfast program or school lunch program.
15    (Source: P.A. 87-420.)

16        (105 ILCS 125/4) (from Ch. 122, par. 712.4)
17        Sec. 4.  Accounts; copies of  menus  served;  free  lunch
18    program  required; report.  School boards and welfare centers
19    shall keep an accurate, detailed and separate account of  all
20    moneys  expended  for school breakfast programs, school lunch
21    programs,  and  free  breakfast  programs,  and  free   lunch
22    programs, and of the amounts for which they are reimbursed by
23    any  governmental  agency,  moneys received from students and
24    from any other contributors to the program. School boards and
25    welfare centers shall also keep on file a copy of  all  menus
26    served  under  the  programs  school  lunch  program  or free
27    breakfast or free lunch  program,  which  together  with  all
28    records   of   receipts  and  disbursements,  shall  be  made
29    available to representatives of the State Board of  Education
30    at any time.
31        Every  public  school  must  have a free lunch program in
32    effect by September 1, 1970.
33        In 2001 and in each subsequent year, the State  Board  of
                            -7-            LRB9103052NTksam02
 1    Education  shall  provide  to  the  Governor  and the General
 2    Assembly, by a date not later than March  1,  a  report  that
 3    provides all of the following:
 4             (1)  A  list  by school district of all schools, the
 5        total student enrollment,  and  the  number  of  children
 6        eligible for free, reduced price, and paid breakfasts and
 7        lunches.
 8             (2)  A  list  of schools that have started breakfast
 9        programs during the past year along with  information  on
10        which  schools  have  utilized the $3,500 start-up grants
11        and the additional $0.10 per meal increased participation
12        incentives established under Section 2.5 of this Act.
13             (3)  A list of schools that  have  used  the  school
14        breakfast  program option outlined in this Act, a list of
15        schools that have exercised Provision  Two  or  Provision
16        Three  under  the  Child Nutrition Act of 1966 (42 U.S.C.
17        1771 et seq.), and a list of schools  that  have  dropped
18        either  school  lunch or school breakfast programs during
19        the past year and the reasons why.
20        In 2001, 2003, and  2005  the  report  required  by  this
21    Section  shall  also  include  information that documents the
22    results of surveys designed to identify parental interest  in
23    school   breakfast   programs   and   documents  barriers  to
24    establishing  school  breakfast  programs.   To  develop  the
25    surveys for school administrators and for parents, the  State
26    Board  of Education shall work in coordination with the State
27    Board of Education's Child  Nutrition  Advisory  Council  and
28    local  committees that involve parents, teachers, principals,
29    superintendents,   business,   and   anti-hunger   advocates,
30    organized by the State Board of Education to foster community
31    involvement.  The State Board of Education is  authorized  to
32    distribute  the  surveys  in  all  schools where there are no
33    school breakfast programs.
34    (Source: P.A. 81-1508.)
                            -8-            LRB9103052NTksam02
 1        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
 2        Sec.  5.  Application  for  participation  in   programs.
 3    Applications   for  participation  in  the  school  breakfast
 4    program,  the  school  lunch  program,  the  free   breakfast
 5    program,  and  the  free lunch program shall be made on forms
 6    provided by the State Board of Education and filed  with  the
 7    State Board, through the Regional Superintendent of Schools.
 8    (Source: P.A. 81-1508.)

 9        (105 ILCS 125/6) (from Ch. 122, par. 712.6)
10        Sec.  6.  Disapproval or reduction of reimbursement.  The
11    State Board of Education may disapprove any reimbursement  if
12    it is found that balanced, nutritious meals are not served in
13    accordance with the prescribed standards.
14        The State Board of Education may reduce or disapprove the
15    amount  of reimbursement if it is found that the total income
16    for the free breakfast  program,  school  breakfast  program,
17    free  lunch  program,  or  school  lunch  program exceeds the
18    expenditures therefor.
19    (Source: P.A. 87-420.)

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

30        (105 ILCS 125/8) (from Ch. 122, par. 712.8)
31        Sec.  8.  Filing and forwarding claims for reimbursement.
                            -9-            LRB9103052NTksam02
 1    School boards and  welfare  centers  shall  file  claims  for
 2    reimbursement,  on  forms  provided  by  the  State  Board of
 3    Education, with the Regional Superintendent of Schools, on  a
 4    monthly basis as prescribed by the State Board of Education.
 5        The  Regional  Superintendent  of  Schools shall sign and
 6    forward to the State Board of Education one copy of each such
 7    claim filed with him.
 8    (Source: P.A. 87-420.)

 9        (105 ILCS 125/9) (from Ch. 122, par. 712.9)
10        Sec. 9.  Certification and payment of claims.  The  State
11    Board  of  Education  shall  prepare and certify to the State
12    Comptroller at least monthly the amount due each board school
13    district and welfare center, whereupon the Comptroller  shall
14    draw  his  warrants  on  the  State Treasurer for the amounts
15    certified for the various school boards districts and welfare
16    centers.
17    (Source: P.A. 88-641, eff. 9-9-94.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.".

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