|
|||||||
| |||||||
| |||||||
1 | AN ACT regarding schools.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Childhood Hunger
Relief Act.
| ||||||
6 | Section 5. State policy and legislative intent. The General | ||||||
7 | Assembly
recognizes that hunger and food security are serious | ||||||
8 | problems in the State of
Illinois with as
many as one million | ||||||
9 | citizens being affected. These citizens have lost
their sense | ||||||
10 | of food security.
Food insecurity occurs whenever the | ||||||
11 | availability of nutritionally adequate
and safe foods or the | ||||||
12 | ability to acquire acceptable foods in socially
acceptable ways | ||||||
13 | is limited or uncertain. Hunger is a painful or uneasy
| ||||||
14 | sensation caused by a recurrent or involuntary lack of food and | ||||||
15 | is a
potential, although not necessary, consequence of food | ||||||
16 | insecurity. Over
time, hunger may result in malnutrition.
It is | ||||||
17 | estimated that just under 600,000 Illinois
children
experience | ||||||
18 | hunger or food insecurity, meaning that they either go without
| ||||||
19 | eating meals,
or their parents or guardians cannot provide the | ||||||
20 | kinds of food they need.
At present, the Illinois economy is | ||||||
21 | steadily experiencing a 6%
unemployment rate, people are being | ||||||
22 | laid off who thought they had job
security, and the unemployed | ||||||
23 | are remaining unemployed beyond the
terms of unemployment | ||||||
24 | benefits. Emergency food providers throughout
the State are | ||||||
25 | experiencing an increase in the number of working poor
families | ||||||
26 | requesting emergency food. In October 2003, Illinois was
ranked | ||||||
27 | 48th in the nation in providing school breakfasts to low-income
| ||||||
28 | children of families who meet the criteria for free and | ||||||
29 | reduced-price
lunches.
Because
low-income children are not | ||||||
30 | being
adequately nourished, even to the point where many are | ||||||
31 | arriving at school
hungry, the General Assembly believes it is | ||||||
32 | in the best interest of
Illinois to utilize resources available |
| |||||||
| |||||||
1 | through existing child nutrition
programs, to the fullest | ||||||
2 | extent possible.
| ||||||
3 | The General Assembly also recognizes a definite | ||||||
4 | correlation between
adequate child nutrition and a child's | ||||||
5 | physical, emotional, and cognitive
development. There is also a | ||||||
6 | correlation between adequate nutrition and a
child's ability to | ||||||
7 | perform well in school.
Documented research has proven that | ||||||
8 | school breakfasts improve
attendance and increase a child's | ||||||
9 | readiness to learn.
In this regard, the General
Assembly | ||||||
10 | realizes the importance of the National
School Breakfast | ||||||
11 | Program and the Summer Food Service Program
as
effective | ||||||
12 | measures that must be widely implemented to ensure more | ||||||
13 | adequate
nutrition for Illinois children.
| ||||||
14 | Section 10. Definitions. In this Act:
| ||||||
15 | "Hunger" means a symptom of poverty caused by a lack of | ||||||
16 | resources that
prevents the purchasing of a nutritionally | ||||||
17 | adequate diet resulting in a
chronic condition of being | ||||||
18 | undernourished.
| ||||||
19 | "Food insecurity" means a limited or uncertain | ||||||
20 | availability of
nutritionally adequate foods.
| ||||||
21 | "Food security" means
ensured access to enough food for an | ||||||
22 | active, healthy life.
| ||||||
23 | "School Breakfast Program" means the federal child | ||||||
24 | nutrition entitlement
program that helps serve nourishing | ||||||
25 | low-cost breakfast meals to school
children. In addition to | ||||||
26 | cash assistance, participating schools get
foods donated by and | ||||||
27 | technical guidance from the United States Department of | ||||||
28 | Agriculture. Payments to schools are higher
for meals served to | ||||||
29 | children who qualify, on the basis of family size and
income, | ||||||
30 | for free or reduced-price meals. The program is administered in
| ||||||
31 | Illinois by the State Board of Education.
| ||||||
32 | "Summer Food Service Program" means the federal child | ||||||
33 | nutrition
entitlement program that helps communities serve | ||||||
34 | meals to needy children
when school is not in session. The | ||||||
35 | United States Department of Agriculture reimburses sponsors |
| |||||||
| |||||||
1 | for operating
costs of food services up to a specific maximum | ||||||
2 | rate for each meal served.
In addition, sponsors receive some | ||||||
3 | reimbursement for planning and
supervising expenses. The | ||||||
4 | program in Illinois is administered by the State
Board of | ||||||
5 | Education.
| ||||||
6 | Section 15. School breakfast program.
| ||||||
7 | (a) Within 90 days after the effective date of this | ||||||
8 | amendatory Act of the 93rd General Assembly and then each | ||||||
9 | school year thereafter, the board of education of each school | ||||||
10 | district in
this State shall implement and operate a school | ||||||
11 | breakfast program, if a breakfast program
does not currently | ||||||
12 | exist, in accordance with
federal guidelines in each school | ||||||
13 | building within
its district in which at least 40% or more of | ||||||
14 | the
students are eligible for free or reduced-price lunches | ||||||
15 | based upon the count on
October 31 of the previous year.
| ||||||
16 | Using the data from the previous school year, the board of | ||||||
17 | education of each school
district in the State shall determine | ||||||
18 | which schools within their districts
will be required to | ||||||
19 | implement and operate a school breakfast program.
| ||||||
20 | (b) School districts may charge students who do not meet | ||||||
21 | federal
criteria for free school meals
for the breakfasts | ||||||
22 | served to these students within the allowable
limits set by | ||||||
23 | federal regulations.
| ||||||
24 | (c) School breakfast programs established under this | ||||||
25 | Section shall be
supported entirely by federal funds and | ||||||
26 | commodities, charges to students
and other participants, and | ||||||
27 | other available State and local resources,
including under the | ||||||
28 | School Breakfast and Lunch Program Act.
Allowable costs for | ||||||
29 | reimbursement to school districts, in accordance with the | ||||||
30 | United States Department of Agriculture, include compensation | ||||||
31 | of employees for the time devoted and identified specifically | ||||||
32 | to implement the school breakfast program; the cost of | ||||||
33 | materials acquired, consumed, or expended specifically to | ||||||
34 | implement the school breakfast program; equipment and other | ||||||
35 | approved capital expenditures necessary to implement the |
| |||||||
| |||||||
1 | school breakfast program; and transportation expenses incurred | ||||||
2 | specifically to implement and operate the school breakfast | ||||||
3 | program. | ||||||
4 | (d) A school district shall be allowed to opt out of the | ||||||
5 | school breakfast program requirement of this Section if it is | ||||||
6 | determined that, due to circumstances specific to that school | ||||||
7 | district, the expense
reimbursement would not fully cover the | ||||||
8 | costs of implementing and operating a
school breakfast program. | ||||||
9 | The school district shall petition its regional superintendent | ||||||
10 | of schools by November 15 to request to be exempt
from the | ||||||
11 | school breakfast program requirement. The petition shall | ||||||
12 | include all legitimate costs associated with implementing and | ||||||
13 | operating a school breakfast program, the estimated | ||||||
14 | reimbursement from State and federal sources, and any unique | ||||||
15 | circumstances the school district can verify that exist that | ||||||
16 | would cause the implementation and operation of such a program | ||||||
17 | to be cost prohibitive. | ||||||
18 | The regional superintendent of schools shall review the | ||||||
19 | petition. He or she shall convene a public hearing to hear | ||||||
20 | testimony from the school district and interested community | ||||||
21 | members. The regional superintendent shall, by December 15, | ||||||
22 | inform the school district of his or her decision, along with | ||||||
23 | the reasons why the exemption was granted or denied, in | ||||||
24 | writing. If the regional superintendent grants an exemption to | ||||||
25 | the school district, then the school district is relieved from | ||||||
26 | the requirement to establish and implement a school breakfast | ||||||
27 | program. | ||||||
28 | If the regional superintendent of schools does not grant an | ||||||
29 | exemption to the school district, then the school district | ||||||
30 | shall implement and operate a school breakfast program in | ||||||
31 | accordance with this Section by September 1 of the subsequent | ||||||
32 | school year. However, the school district or a resident of the | ||||||
33 | school district may appeal the decision of the regional | ||||||
34 | superintendent to the State Superintendent of Education. No | ||||||
35 | later than February 15 of each year, the State Superintendent | ||||||
36 | shall hear appeals on the decisions of regional superintendents |
| |||||||
| |||||||
1 | of schools. The State Superintendent shall make a final | ||||||
2 | decision at the conclusion of the hearing on the school | ||||||
3 | district's request for an exemption from the school breakfast | ||||||
4 | program requirement. If the State Superintendent grants an | ||||||
5 | exemption to the school district, then the school district is | ||||||
6 | relieved from the requirement to implement and operate a school | ||||||
7 | breakfast program. If the State Superintendent does not grant | ||||||
8 | an exemption to the school district, then the school district | ||||||
9 | shall implement and operate a school breakfast program in | ||||||
10 | accordance with this Section by September 1 of the subsequent | ||||||
11 | school year.
| ||||||
12 | A school district may not attempt to opt out of the school | ||||||
13 | breakfast program requirement of this Section by requesting a | ||||||
14 | waiver under Section 2-3.25g of the School Code.
| ||||||
15 | Section 20. Summer food service program.
| ||||||
16 | (a) The State Board of Education shall promulgate a State | ||||||
17 | plan for
summer food service programs, in accordance with 42 | ||||||
18 | U.S.C. Sec. 1761 and any
other
applicable federal laws and | ||||||
19 | regulations,
by January 15, 2006.
| ||||||
20 | (b) By the summer of 2006 and then each summer thereafter, | ||||||
21 | it is strongly encouraged that the board of
education of each | ||||||
22 | school
district in this State in which at least 50% of the | ||||||
23 | students are eligible for
free or
reduced-price school meals | ||||||
24 | operate a summer food service program
or identify a non-profit | ||||||
25 | or private agency to sponsor a summer food service
program | ||||||
26 | within the school district's boundaries.
| ||||||
27 | (c) Summer food service programs established under this | ||||||
28 | Section may
be
supported by federal funds and commodities
and | ||||||
29 | other available State and local resources.
| ||||||
30 | Section 95. The School Breakfast and Lunch Program Act is | ||||||
31 | amended by
changing Sections 2.5, 4, and 5 as follows:
| ||||||
32 | (105 ILCS 125/2.5)
| ||||||
33 | Sec. 2.5. Breakfast incentive program. The State Board of
|
| |||||||
| |||||||
1 | Education shall fund a breakfast incentive program comprised of | ||||||
2 | the
components described in paragraphs (1), (2), and (3) of | ||||||
3 | this Section,
provided that a separate appropriation is made | ||||||
4 | for the purposes of this
Section. The State Board of Education | ||||||
5 | may allocate the appropriation
among the program components in | ||||||
6 | whatever manner the State Board of
Education finds will best | ||||||
7 | serve the goal of increasing participation in
school breakfast | ||||||
8 | programs. If the amount of the appropriation allocated
under | ||||||
9 | paragraph (1), (2), or (3) of this Section is insufficient to | ||||||
10 | fund all
claims submitted under that particular paragraph, the | ||||||
11 | claims under that
paragraph shall be prorated.
| ||||||
12 | (1) The State Board of Education may reimburse each
| ||||||
13 | sponsor of a school breakfast program an additional $0.10 | ||||||
14 | for each
free, reduced-price, and paid breakfast served | ||||||
15 | over and above the
number of such breakfasts served in the | ||||||
16 | same month during the
preceding year, provided that the | ||||||
17 | number of breakfasts served in a
participating school | ||||||
18 | building
by
the sponsor in that month is at least 10% | ||||||
19 | greater than the number
of breakfasts served in the same | ||||||
20 | month during the preceding year.
| ||||||
21 | (2) The State Board of Education may make grants to | ||||||
22 | school
boards and welfare centers that agree to start a | ||||||
23 | school breakfast
program in one or more schools or other | ||||||
24 | sites.
First priority for these grants shall be given to | ||||||
25 | schools in which 40%
50% or
more of their
students are | ||||||
26 | eligible for free and reduced price meals under the | ||||||
27 | National
School Lunch
Act (42 U.S.C. 1751 et seq.). | ||||||
28 | Depending on the availability of funds and the
rate at
| ||||||
29 | which funds are being utilized, the State Board of | ||||||
30 | Education is authorized to
allow additional schools or | ||||||
31 | other sites to receive these
grants. In
making additional | ||||||
32 | grants, the State Board of Education
shall
provide for | ||||||
33 | priority to be given to schools with the highest percentage | ||||||
34 | of
students eligible
for free and reduced price lunches | ||||||
35 | under the National School Lunch Act.
The amount of the | ||||||
36 | grant shall be $3,500 for
each qualifying school or site in |
| |||||||
| |||||||
1 | which a school breakfast program
is started. The grants | ||||||
2 | shall be used to pay the start-up costs for
the school | ||||||
3 | breakfast program, including equipment, supplies, and
| ||||||
4 | program promotion, but shall not be used for food, labor, | ||||||
5 | or other
recurring operational costs. Applications for the | ||||||
6 | grants shall be
made to the State Board of Education on | ||||||
7 | forms designated by the
State Board of Education. Any | ||||||
8 | grantee that fails to operate a
school breakfast program | ||||||
9 | for at least 3 years after receipt of a
grant shall refund | ||||||
10 | the amount of the grant to the State Board of
Education.
| ||||||
11 | (3) The State Board of Education may reimburse a school
| ||||||
12 | board for each free, reduced-price, or paid breakfast | ||||||
13 | served in a
school breakfast program located in a school in | ||||||
14 | which 80% or more
of the students are eligible to receive | ||||||
15 | free or reduced price lunches
under the National School | ||||||
16 | Lunch Act (42 U.S.C. 1751 et seq.) in an
amount equal to | ||||||
17 | the difference between (i) the current amount
reimbursed by | ||||||
18 | the federal government for a free breakfast and (ii)
the | ||||||
19 | amount actually reimbursed by the federal government for | ||||||
20 | that
free, reduced-price, or paid breakfast. A school board | ||||||
21 | that receives
reimbursement under this paragraph (3) shall | ||||||
22 | not be eligible in the
same year to receive reimbursement | ||||||
23 | under paragraph (1) of this
Section.
| ||||||
24 | (Source: P.A. 91-843, eff. 6-22-00.)
| ||||||
25 | (105 ILCS 125/4) (from Ch. 122, par. 712.4)
| ||||||
26 | Sec. 4. Accounts; copies of menus served; free lunch | ||||||
27 | program required;
report. School boards and welfare centers | ||||||
28 | shall keep an accurate, detailed
and separate account of all | ||||||
29 | moneys expended for school breakfast programs,
school lunch | ||||||
30 | programs, free breakfast programs, and free lunch programs,
and | ||||||
31 | summer food service programs,
and of the amounts for which they | ||||||
32 | are reimbursed by any governmental agency,
moneys received from | ||||||
33 | students and from any other contributors to the program.
School | ||||||
34 | boards and welfare centers shall also keep on file a copy of | ||||||
35 | all menus
served under the programs, which together with all |
| |||||||
| |||||||
1 | records of receipts and
disbursements, shall be made available | ||||||
2 | to representatives of the State Board
of Education at any time.
| ||||||
3 | Every public school must have a free lunch program.
| ||||||
4 | In 2001 and in each subsequent year, the State Board of | ||||||
5 | Education
shall provide to the Governor and the General | ||||||
6 | Assembly, by a date not later
than March 1, a report that | ||||||
7 | provides all of the following:
| ||||||
8 | (1) A list by school district of all schools, the total | ||||||
9 | student
enrollment, and the number of children eligible for | ||||||
10 | free, reduced price,
and paid breakfasts and lunches.
| ||||||
11 | (2) A list of schools that have started breakfast | ||||||
12 | programs during the
past year along with information on | ||||||
13 | which schools have utilized the $3,500
start-up grants and | ||||||
14 | the additional $0.10 per meal increased participation
| ||||||
15 | incentives established under Section 2.5 of this Act.
| ||||||
16 | (3) A list of schools that have used the school | ||||||
17 | breakfast program
option outlined in this Act, a list of | ||||||
18 | schools that have exercised Provision
Two or Provision | ||||||
19 | Three under the Child Nutrition Act of 1966 (42 U.S.C. 1771
| ||||||
20 | et seq.), and a list of schools that have dropped either | ||||||
21 | school lunch or
school breakfast programs during the past | ||||||
22 | year and the reasons why.
| ||||||
23 | In 2007, 2009, and 2011
2001, 2003, and 2005 the report | ||||||
24 | required by this Section shall also
include information that | ||||||
25 | documents the results of surveys designed to identify
parental | ||||||
26 | interest in school breakfast programs and documents barriers to
| ||||||
27 | establishing school breakfast programs. To develop the surveys | ||||||
28 | for school
administrators and for parents, the State Board of | ||||||
29 | Education shall work in
coordination with the State Board of | ||||||
30 | Education's Child Nutrition Advisory
Council and local | ||||||
31 | committees that involve parents, teachers, principals,
| ||||||
32 | superintendents, business, and anti-hunger advocates, | ||||||
33 | organized by the State
Board of Education to foster community | ||||||
34 | involvement. The State Board of
Education is authorized to | ||||||
35 | distribute the surveys in all schools where there
are no school | ||||||
36 | breakfast programs.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-843, eff. 6-22-00 .)
| ||||||
2 | (105 ILCS 125/5) (from Ch. 122, par. 712.5)
| ||||||
3 | Sec. 5. Application for participation in programs.
| ||||||
4 | Applications for participation in the school breakfast | ||||||
5 | program,
the school lunch program,
the free breakfast program, | ||||||
6 | and the free lunch program , and the summer
food service program
| ||||||
7 | shall be made on
forms provided by the State Board of Education | ||||||
8 | and filed
with the State Board , through the Regional | ||||||
9 | Superintendent
of Schools .
| ||||||
10 | (Source: P.A. 91-843, eff. 6-22-00.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |