Illinois General Assembly - Full Text of SB2393
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Full Text of SB2393  99th General Assembly

SB2393sam003 99TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/20/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2393

2    AMENDMENT NO. ______. Amend Senate Bill 2393, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Childhood Hunger Relief Act is amended by
6adding Section 16 as follows:
 
7    (105 ILCS 126/16 new)
8    Sec. 16. Breakfast after the bell program.
9    (a) For the purposes of this Section, "breakfast after the
10bell" means breakfast is provided to children after the
11instructional day has officially begun. This term does not
12prohibit schools from also providing breakfast before the
13instructional day begins.
14    (b) The board of education of each school district in this
15State shall implement and operate a breakfast after the bell
16program by the first school day of the next academic year after

 

 

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1the effective date of this amendatory Act of the 99th General
2Assembly, if a breakfast after the bell program does not
3currently exist, in each school building within its district
4(1) in which at least 70% or more of the students are eligible
5for free or reduced-price lunches based upon the previous
6year's October claim (for those schools that participate in the
7National School Lunch Program); (2) in which at least 70% or
8more of the students are classified as low-income according to
9the Fall Housing Data from the previous year (for those schools
10that do not participate in the National School Lunch Program);
11or (3) that has an individual site percentage for free or
12reduced-price meals of 70% or more (for those schools using
13Provision 2 under Section 11(a)(1) of the federal Richard B.
14Russell National School Lunch Act or the Community Eligibility
15Provision under Section 104(a) of the federal Healthy,
16Hunger-Free Kids Act of 2010 to provide universal meals). If a
17school falls below the applicable 70% threshold for 2
18consecutive years, it has the option to continue participating
19in the program, but is not required to do so.
20    (c) Each school under this Section may determine the
21breakfast after the bell service model that best suits its
22students. Service models include, but are not limited to,
23breakfast in the classroom, grab and go breakfast, and
24second-chance breakfast.
25    (d) A school district is allowed to petition for an
26exemption of a school or schools from the breakfast after the

 

 

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1bell program requirement if it is determined that, due to
2circumstances specific to that school district, the expense
3reimbursement would not fully cover the costs of implementing
4and operating a breakfast after the bell program. The school
5district shall petition its regional superintendent of schools
6by February 15 of each year to request to be exempt from
7operating the breakfast after the bell program in the school or
8schools in the next school year. The petition shall include all
9legitimate costs associated with implementing and operating a
10breakfast after the bell program, the estimated reimbursement
11from State and federal sources, and any unique circumstances
12the school district can verify that exist that would cause the
13implementation and operation of such a program to be cost
14prohibitive.
15    The regional superintendent of schools shall review the
16petition. In accordance with the Open Meetings Act, he or she
17shall convene a public hearing to hear testimony from the
18school district and interested community members. The regional
19superintendent shall, by March 15 of each year, inform the
20school district of his or her decision, along with the reasons
21why the exemption was granted or denied, in writing. The
22regional superintendent must also send notification to the
23State Board of Education detailing which schools an exemption
24was requested for and the results. If the regional
25superintendent grants an exemption, then the school district is
26relieved from the requirement to implement and operate a

 

 

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1breakfast after the bell program in the school or schools
2granted an exemption for the next school year.
3    If the regional superintendent of schools does not grant an
4exemption, then the school district shall implement and operate
5a breakfast after the bell program in accordance with this
6Section by the first student attendance day of the next school
7year. However, the school district or a resident of the school
8district may, by April 15, appeal the decision of the regional
9superintendent to the State Superintendent of Education. The
10State Superintendent shall hear appeals on the decisions of
11regional superintendents no later than May 15 of each year. The
12State Superintendent shall make a final decision at the
13conclusion of the hearing on the school district's request for
14an exemption from the breakfast after the bell program
15requirement. If the State Superintendent grants an exemption,
16then the school district is relieved from the requirement to
17implement and operate a breakfast after the bell program in the
18school or schools granted an exemption for the next school
19year. If the State Superintendent does not grant an exemption,
20then the school district shall implement and operate a
21breakfast after the bell program in accordance with this
22Section by the first student attendance day of the next school
23year.
24    A school district may not attempt to exempt a school or
25schools from the breakfast after the bell program requirement
26of this Section by requesting a waiver under Section 2-3.25g of

 

 

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1the School Code.
2    (e) Before the beginning of the next academic year after
3the effective date of this amendatory Act of the 99th General
4Assembly, the State Board of Education shall develop and
5distribute procedures and guidelines for the implementation of
6this Section, which must be in compliance with federal
7regulations governing the school breakfast program.
8    (f) The State Board of Education shall annually collect
9information about breakfast after the bell delivery models
10implemented at each school and make the information publicly
11available.
12    (g) In fulfilling its responsibilities under this Section,
13the State Board of Education shall collaborate with nonprofit
14organizations knowledgeable about equity, the opportunity gap,
15hunger and food security issues, and best practices for
16improving student access to school breakfast. The State Board
17of Education shall collaborate with nonprofit organizations
18knowledgeable about food security issues and best practices for
19improving access to school breakfast to create and post a list
20of opportunities for philanthropic support of school breakfast
21programs on its website.".