105 ILCS 125/ School Breakfast and Lunch Program Act.

(105 ILCS 125/0.01) (from Ch. 122, par. 712.01)

Sec. 0.01. Short title. This Act may be cited as the School Breakfast and Lunch Program Act.

(Source: P.A. 86-1324; 91-843, eff. 6-22-00.)

(105 ILCS 125/0.05)

Sec. 0.05. State policy and legislative intent. The General Assembly recognizes that hunger and food security are serious problems in the State of Illinois with as many as one million citizens being affected. These citizens have lost their sense of food security. It is estimated that just under 600,000 Illinois children experience hunger or food insecurity, meaning that they either go without eating meals, or their parents cannot provide the kinds of food they need. Because low-income children are not being adequately nourished, even to the point where many are arriving at school hungry, the General Assembly believes it is in the best interest of Illinois to utilize resources available through existing child nutrition programs, to the fullest extent possible.

The General Assembly also recognizes a definite correlation between adequate child nutrition and a child's physical, emotional, and cognitive development. There is also a correlation between adequate nutrition and a child's ability to perform well in school. In this regard, the General Assembly realizes the importance of the National School Breakfast Program as an effective measure that must be widely implemented to insure more adequate nutrition for Illinois children.

(Source: P.A. 91-843, eff. 6-22-00.)

(105 ILCS 125/1) (from Ch. 122, par. 712.1)

Sec. 1. Definitions. For the purposes of this Act:

"School board" means school principal, directors, board of education and board of school inspectors of public and private schools.

"Welfare center" means an institution not otherwise receiving funds from any governmental agency, serving breakfasts or lunches to children of school age or under, in conformance with the authorized free breakfast program, school breakfast program, free lunch program, or school lunch program.

"Free breakfast program" means those programs through which school boards may supply needy children in their respective districts with free school breakfasts.

"Free lunch program" means those programs through which school boards supply all of the needy children in their respective districts with free school lunches.

"School breakfast program" means a school breakfast program that meets the requirements for school breakfast programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

"School lunch program" means a school lunch program that meets the requirements for school lunch programs under the National School Lunch Act (42 U.S.C. 1751 et seq.).

"Comptroller" means Comptroller of the State of Illinois.

(Source: P.A. 91-843, eff. 6-22-00.)

(105 ILCS 125/2) (from Ch. 122, par. 712.2)

Sec. 2. Reimbursement of sponsors. The State Board of Education is authorized to reimburse school boards and welfare centers that operate free breakfast programs, school breakfast programs, free lunch programs, or school lunch programs for a portion of the costs of food served in balanced, nutritious breakfasts or lunches and served to students in non-profit public or private schools and non-profit welfare centers.

The State Board of Education shall reimburse not less than $0.15 or the actual cost, whichever is less, to school boards and non-profit welfare centers for each free lunch and not less than $0.15 or the actual cost, whichever is less, for each free breakfast supplied by them. This appropriation shall be in addition to any federal contributions.

(Source: P.A. 103-532, eff. 8-11-23.)

(105 ILCS 125/2.3)

Sec. 2.3. Healthy School Meals for All Program.

(a) In this Section:

"Community Eligibility Provision" means the federal program created in 42 U.S.C. 1759a(a)(1)(F) that allows school districts to choose to receive federal special assistance payments for school meals in exchange for providing free school meals to all students enrolled in all or selected schools of the school district.

"Eligible meal" means a lunch or breakfast that meets the nutritional requirements specified in 7 CFR 210.10 or successor regulations for the National School Lunch Program or the National School Breakfast Program.

"Federal free reimbursement rate" means the free reimbursement rate set by the United States Department of Agriculture for meals that qualify for reimbursement under the National School Breakfast Program and the National School Lunch Program.

"Identified student percentage" means the percentage of a school's, group of schools', or local education agency's enrolled students who are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility as described in 7 CFR 245.6 and 7 CFR 245.9 or successor regulations.

"National School Breakfast Program" means the federal school breakfast program created in 42 U.S.C. 1773.

"National School Lunch Program" means the federal school lunch program created in the Richard B. Russell National School Lunch Act.

"Participating school board" means the school board of a school district or the governing body of a nonpublic school that chooses to participate in the Healthy School Meals for All Program.

"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. 1759a and 7 CFR Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes the Community Eligibility Provision.

(b) Subject to appropriation, the State Board of Education shall establish the Healthy School Meals for All Program to begin on July 1, 2023. Each participating school board that chooses to participate in the Healthy School Meals for All Program shall offer eligible meals, without charge, to all students enrolled in schools that participate in the National School Breakfast Program and National School Lunch Program.

A participating school board shall receive reimbursement for the meals set forth in subsection (c) of this Section. Reimbursement from State funds shall be available only to participating school boards that maximize access to federal funds for the cost of the National School Breakfast Program and National School Lunch Program by participating in the Community Eligibility Provision or another special assistance alternative, if eligible, and operate the National School Breakfast Program and National School Lunch Program in a way that in the opinion of the State Board of Education draws down the most possible federal funding for meals served in the National School Breakfast Program and National School Lunch Program.

(c) It is the intent of the General Assembly that this State, participating school boards, and participating schools use all federal funds, federal programs, and federal provisions in carrying out the Healthy School Meals for All Program. The amount of the State reimbursement provided through the Program to each participating school board for each budget year shall be equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating schools serve during the applicable budget year, minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating school board receives pursuant to the National School Breakfast Program and the National School Lunch Program.

If at any time the appropriation is insufficient to cover all school boards interested in participating in the Healthy School Meals for All Program as described in this subsection, the State Board of Education shall reimburse school boards participating in the Community Eligibility Provision with higher priority for schools with higher identified student percentages that would not otherwise receive the federal free reimbursement rate for all meals served, and then distribute any remaining appropriation in an equitable manner as determined by the State Board of Education among remaining schools interested in participating in the Healthy School Meals for All Program. If at any time the appropriation is insufficient to cover all school boards interested in participating in the Healthy School Meals for All Program, the State Board of Education shall communicate the implications of the insufficient appropriation with eligible schools in a timely manner to allow schools sufficient time to make informed decisions about their food service administration.

(d) The State Board of Education shall develop procedures to allocate and disburse the money appropriated for reimbursements pursuant to this Section throughout each budget year, in a schedule determined by the State Board of Education, among participating school boards in an equitable manner and in compliance with the requirements of the National School Breakfast Program and the National School Lunch Program.

(e) A participating school board shall annually give notice to the State Board of Education of the intention to participate in the Healthy School Meals for All Program. At a minimum, if it is eligible to participate, the notice must include evidence that it is participating in the Community Eligibility Provision or another special assistance alternative, as set forth in subsection (b) of this Section.

(f) If the United States Department of Agriculture creates the option for the State, as a whole, to participate in the Community Eligibility Provision, the State Board of Education shall evaluate whether that option would be anticipated to require less State funding than the Healthy School Meals for All Program and provide at least as many free meals to students in this State. If that option is anticipated to require less State funding and provide at least as many free meals as the Healthy School Meals for All Program, then the State Board of Education shall elect that option and work with participating school boards and necessary State and local agencies to collect data and implement the Community Eligibility Provision statewide, and participating school boards shall be reimbursed as set forth in subsection (c) of this Section. Until the State participates in the Community Eligibility Provision as a State, each participating school board, as a condition of participating in the Healthy School Meals for All Program, must maximize the amount of federal reimbursement it receives as set forth in subsection (b) of this Section.

(g) The State Board of Education shall notify each participating school board that is eligible for participation in the Community Eligibility Provision or another special assistance alternative of its eligibility and that, through the Healthy School Meals for All Program, it will receive a supplemental, State-funded meal reimbursement in addition to any federal meal reimbursement received as set forth in subsection (c) of this Section. The State Board of Education shall support and provide technical assistance to schools and school districts as needed to support their enrollment in the Community Eligibility Program or another special assistance alternative. The Healthy School Meals for All Program shall be open to all eligible schools and school districts.

(h) The State Board of Education shall support schools and school districts to achieve the highest level of student participation in operating their school breakfast and lunch programs, which may include any or all of the following:

(1) providing breakfast meals that can be picked up by students;

(2) making breakfast available to students in classrooms after the start of the school day; and

(3) collaborating with a school's wellness or similar committee in planning school meals.

(i) If the State Board of Education no longer receives federal funding for the United States Department of Agriculture's Local Food for Schools Cooperative Agreement Program, the State Board of Education shall sustain the program, subject to appropriation. The State Board of Education shall use the infrastructure, systems, and eligibility criteria created through the Local Food for Schools Cooperative Agreement Program to sustain school food authorities' ability to purchase and serve local foods.

(Source: P.A. 103-532, eff. 8-11-23.)

(105 ILCS 125/2.5)

Sec. 2.5. Breakfast incentive program. The State Board of Education shall fund a breakfast incentive program comprised of the components described in paragraphs (1), (2), and (3) of this Section, provided that a separate appropriation is made for the purposes of this Section. The State Board of Education may allocate the appropriation among the program components in whatever manner the State Board of Education finds will best serve the goal of increasing participation in school breakfast programs. If the amount of the appropriation allocated under paragraph (1), (2), or (3) of this Section is insufficient to fund all claims submitted under that particular paragraph, the claims under that paragraph shall be prorated.

(1) Additional funding incentive. The State Board of Education may reimburse each sponsor of a school breakfast program at least an additional $0.10 for each free, reduced-price, and paid breakfast served over and above the number of such breakfasts served in the same month during the preceding year.

(2) Start-up incentive. The State Board of Education may make grants to school boards and welfare centers that agree to start a school breakfast program in one or more schools or other sites. First priority for these grants shall be given through August 15 to schools in which 40% or more of their students are eligible for free and reduced price meals, based on the school district's previous year's October claim, under the National School Lunch Act (42 U.S.C. 1751 et seq.). Depending on the availability of funds and the rate at which funds are being utilized, the State Board of Education is authorized to allow additional schools or other sites to receive these grants in the order in which they are received by the State Board of Education. The amount of the grant shall be $3,500 for each qualifying school or site in which a school breakfast program is started. The grants shall be used to pay the start-up costs for the school breakfast program, including equipment, supplies, and program promotion, but shall not be used for food, labor, or other recurring operational costs. Applications for the grants shall be made to the State Board of Education on forms designated by the State Board of Education. Any grantee that fails to operate a school breakfast program for at least 3 years after receipt of a grant shall refund the amount of the grant to the State Board of Education.

(3) Non-traditional breakfast incentive. Understanding that there are barriers to implementing a school breakfast program in a traditional setting such as in a cafeteria, the State Board of Education may make grants to school boards and welfare centers to offer the school breakfast program in non-traditional settings or using non-traditional methods. Priority will be given to applications through August 15 of each year from schools that are identified as priority schools under Section 2-3.25d-5 of the School Code. Depending on the availability of funds and the rate at which funds are being utilized, the State Board of Education is authorized to allow additional schools or other sites to receive these grants in the order in which they are received by the State Board of Education.

(Source: P.A. 99-193, eff. 7-30-15.)

(105 ILCS 125/3) (from Ch. 122, par. 712.3)

Sec. 3. Agreements with sponsors; standardized breakfasts and lunches. The State Board of Education is authorized to enter into agreements with the sponsors of free breakfast programs, school breakfast programs, free lunch programs, and school lunch programs and shall prepare a standardized, general list of type breakfasts and lunches, for which the State will reimburse, subject to the provisions of Section 8, the sponsors of such programs.

The State Board of Education is also authorized to enter into agreements with any governmental agency, school boards, corporations, private individuals, or welfare centers which would permit the distribution or processing of surplus commodities or in any other way tend to improve the school breakfast program or school lunch program.

(Source: P.A. 91-843, eff. 6-22-00.)

(105 ILCS 125/4) (from Ch. 122, par. 712.4)

Sec. 4. Accounts; copies of menus served; free lunch program required; report. School boards and welfare centers shall keep an accurate, detailed and separate account of all moneys expended for school breakfast programs, school lunch programs, free breakfast programs, free lunch programs, and summer food service programs, and of the amounts for which they are reimbursed by any governmental agency, moneys received from students and from any other contributors to the program. School boards and welfare centers shall also keep on file a copy of all menus served under the programs, which together with all records of receipts and disbursements, shall be made available to representatives of the State Board of Education at any time.

Every public school must have a free lunch program.

(Source: P.A. 96-158, eff. 8-7-09; 96-1423, eff. 8-3-10.)

(105 ILCS 125/5) (from Ch. 122, par. 712.5)

Sec. 5. Application for participation in programs. Applications for participation in the school breakfast program, the school lunch program, the free breakfast program, the free lunch program, and the summer food service program shall be made on forms provided by the State Board of Education and filed with the State Board.

(Source: P.A. 93-1086, eff. 2-15-05.)

(105 ILCS 125/5.5)

Sec. 5.5. Plant-based school lunch option. As a part of the school lunch program, a school district shall provide a plant-based school lunch option that complies with federal nutritional mandates to those students who submit a prior request to the school district requesting a plant-based school lunch option.

(Source: P.A. 102-761, eff. 8-1-23.)

(105 ILCS 125/6) (from Ch. 122, par. 712.6)

Sec. 6. Disapproval or reduction of reimbursement. The State Board of Education may disapprove any reimbursement if it is found that balanced, nutritious meals are not served in accordance with the prescribed standards.

The State Board of Education may reduce or disapprove the amount of reimbursement if it is found that the total income for the free breakfast program, school breakfast program, free lunch program, or school lunch program exceeds the expenditures therefor.

(Source: P.A. 91-843, eff. 6-22-00.)

(105 ILCS 125/7) (from Ch. 122, par. 712.7)

Sec. 7. Disbursement of funds. The funds appropriated shall be paid to school boards and welfare centers in accordance with the reimbursement rates established in Section 2. If the total amount of the claims for reimbursement for any school year exceeds the amount appropriated for that year, the money shall be apportioned to each claimant in an equitable manner based upon meals claimed.

(Source: P.A. 91-843, eff. 6-22-00.)

(105 ILCS 125/8) (from Ch. 122, par. 712.8)

Sec. 8. Filing and forwarding claims for reimbursement. School boards and welfare centers shall file claims for reimbursement, on forms provided by the State Board of Education, on a monthly basis as prescribed by the State Board of Education.

(Source: P.A. 91-764, eff. 6-9-00; 91-843, eff. 6-22-00; 92-16, eff. 6-28-01.)

(105 ILCS 125/9) (from Ch. 122, par. 712.9)

Sec. 9. Certification and payment of claims. The State Board of Education shall prepare and certify to the State Comptroller at least quarterly the amount due each board and welfare center, whereupon the Comptroller shall draw his warrants on the State Treasurer for the amounts certified for the various school boards and welfare centers.

(Source: P.A. 99-657, eff. 7-28-16.)

(105 ILCS 125/10)

Sec. 10. Sharing information on school lunch applicants. Each private school that receives funds for free or reduced-price lunches under this Act shall, whenever requested by the Department of Healthcare and Family Services (formerly Public Aid), agree in writing with the Department of Healthcare and Family Services (as the State agency that administers the State Medical Assistance Program as provided in Title XIX of the federal Social Security Act and the State Children's Health Insurance Program as provided in Title XXI of the federal Social Security Act) to share with the Department of Healthcare and Family Services information on applicants for free or reduced-price lunches. This sharing of information shall be for the sole purpose of helping the Department of Healthcare and Family Services identify and enroll children in the State Medical Assistance Program or the State Children's Health Insurance Program or both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

(Source: P.A. 95-331, eff. 8-21-07.)