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91_HB2379sam001
LRB9103052NTksam02
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
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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
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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.
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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
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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)
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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
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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.)
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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.
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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.".