SB2209sam002 103RD GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 3/8/2024

10300SB2209sam002 LRB103 26914 RJT 70679 a

AMENDMENT TO SENATE BILL 2209

AMENDMENT NO. ______. Amend Senate Bill 2209 by replacing everything after the enacting clause with the following:

"Section 5. The School Breakfast and Lunch Program Act is amended by changing Sections 1, 2, and 2.5 and by adding Section 2.1 as follows:

(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.

"Reduced-price copayment" means the amount a reduced-price-eligible student would be charged for a reduced-price meal under a school breakfast or school lunch program.

"Reduced-price-eligible student" means a student who meets the federal income eligibility guidelines for income levels for meals at a reduced price pursuant to the federal Child Nutrition Act of 1966 (42 U.S.C. 1771) or the federal National School Lunch Act (42 U.S.C. 1751).

"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.

(a) 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.

(b) 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.

(c) Subject to appropriation, the State Board of Education shall reimburse school boards and non-profit welfare centers for the cost of eliminating reduced-price copayments. Reimbursement shall be made on a per-meal basis in an amount equal to the difference between the federal free meal rate and the federal reduced-price rate. This reimbursement shall be in addition to any federal or State contributions.

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

(105 ILCS 125/2.1 new)

Sec. 2.1. Reduced-price copayment; prohibition. No school board or non-profit welfare center that administers a school breakfast or school lunch program and receives a reimbursement under subsection (c) of Section 2 of this Act may charge a reduced-price-eligible student a reduced-price copayment for meals.

(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.

(4) Breakfast after the bell incentive. Subject to appropriation, the State Board of Education shall make grants to school boards or welfare centers that initiate or expand breakfast after the bell programs under Section 16 of the Childhood Hunger Relief Act at one or more schools or other sites. Grants of up to $7,500 shall be given on a competitive basis for nonrecurring expenses incurred in initiating or expanding a breakfast after the bell programs. Eligible costs include, but are not limited to, the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize the program, minor building alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff or food for school meal programs. Priority shall be given to applications submitted through August 15 of each year by school boards and welfare centers that have high rates of free and reduced-price eligible students, as determined by the State Board of Education, and that agree to operate the program for a minimum of 3 years.

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

Section 10. The Childhood Hunger Relief Act is amended by changing Section 15 as follows:

(105 ILCS 126/15)

Sec. 15. School breakfast program.

(a) The board of education of each school district in this State shall implement and operate a school breakfast program in the next school year, if a breakfast program does not currently exist, in accordance with federal guidelines in each school building within its district in which at least 40% or more of the students are eligible for free or reduced-price lunches based upon the current year's October claim (for those schools that participate in the National School Lunch Program) or in which at least 40% or more of the students are classified as low-income according to the Fall Housing Data from the previous year (for those schools that do not participate in the National School Lunch Program).

(b) School districts may charge students who do not meet federal criteria for free school meals for the breakfasts served to these students within the allowable limits set by federal regulations, except as provided in Section 2.1 of the School Breakfast and Lunch Program Act.

(c) School breakfast programs established under this Section shall be supported entirely by federal funds and commodities, charges to students and other participants, and other available State and local resources, including under the School Breakfast and Lunch Program Act. Allowable costs for reimbursement to school districts, in accordance with the United States Department of Agriculture, include compensation of employees for the time devoted and identified specifically to implement the school breakfast program; the cost of materials acquired, consumed, or expended specifically to implement the school breakfast program; equipment and other approved capital expenditures necessary to implement the school breakfast program; and transportation expenses incurred specifically to implement and operate the school breakfast program.

(d) A school district shall be allowed to opt out a school or schools from the school breakfast program requirement of this Section if it is determined that, due to circumstances specific to that school district, the expense reimbursement would not fully cover the costs of implementing and operating a school breakfast program. The school district shall petition its regional superintendent of schools by February 15 of each year to request to be exempt from operating the school breakfast program in the school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating a school breakfast program, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a program to be cost prohibitive.

The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, by March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which schools requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement a school breakfast program in the school or schools granted an exemption for the next school year.

If the regional superintendent of schools does not grant an exemption, then the school district shall implement and operate a school breakfast program in accordance with this Section by the first student attendance day of the next school year. However, the school district or a resident of the school district may by April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the school breakfast program requirement. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement and operate a school breakfast program in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement and operate a school breakfast program in accordance with this Section by the first student attendance day of the next school year.

A school district may not attempt to opt out a school or schools from the school breakfast program requirement of this Section by requesting a waiver under Section 2-3.25g of the School Code.

(e) For all schools that operate a school breakfast program, the State Board of Education shall collect information on an annual basis about whether the school is operating a breakfast after the bell program under Section 16 and, if so, which breakfast after the bell model the school uses. For the purposes of this Section, breakfast after the bell models include breakfast in the classroom, second chance breakfast, and grab and go breakfast. The State Board of Education shall make this data publicly available annually.

(Source: P.A. 96-158, eff. 8-7-09.)".