Full Text of SB2209 103rd General Assembly
SB2209sam001 103RD GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 2/28/2024 | | 10300SB2209sam001 | | LRB103 26914 RJT 70201 a |
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| 1 | | AMENDMENT TO SENATE BILL 2209
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2209 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Childhood Hunger Relief Act is amended by | 5 | | changing Section 15 and by adding Section 18 as follows: | 6 | | (105 ILCS 126/15) | 7 | | Sec. 15. School breakfast program. | 8 | | (a) The board of education of each school district in this | 9 | | State shall implement and operate a school breakfast program | 10 | | in the next school year, if a breakfast program does not | 11 | | currently exist, in accordance with federal guidelines in each | 12 | | school building within its district in which at least 40% or | 13 | | more of the students are eligible for free or reduced-price | 14 | | lunches based upon the current year's October claim (for those | 15 | | schools that participate in the National School Lunch Program) | 16 | | or in which at least 40% or more of the students are classified |
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| 1 | | as low-income according to the Fall Housing Data from the | 2 | | previous year (for those schools that do not participate in | 3 | | the National School Lunch Program). | 4 | | (b) School districts may charge students who do not meet | 5 | | federal criteria for free school meals for the breakfasts | 6 | | served to these students within the allowable limits set by | 7 | | federal regulations. | 8 | | (c) School breakfast programs established under this | 9 | | Section shall be supported entirely by federal funds and | 10 | | commodities, charges to students and other participants, and | 11 | | other available State and local resources, including under the | 12 | | School Breakfast and Lunch Program Act. Allowable costs for | 13 | | reimbursement to school districts, in accordance with the | 14 | | United States Department of Agriculture, include compensation | 15 | | of employees for the time devoted and identified specifically | 16 | | to implement the school breakfast program; the cost of | 17 | | materials acquired, consumed, or expended specifically to | 18 | | implement the school breakfast program; equipment and other | 19 | | approved capital expenditures necessary to implement the | 20 | | school breakfast program; and transportation expenses incurred | 21 | | specifically to implement and operate the school breakfast | 22 | | program. | 23 | | (d) A school district shall be allowed to opt out a school | 24 | | or schools from the school breakfast program requirement of | 25 | | this Section if it is determined that, due to circumstances | 26 | | specific to that school district, the expense reimbursement |
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| 1 | | would not fully cover the costs of implementing and operating | 2 | | a school breakfast program. The school district shall petition | 3 | | its regional superintendent of schools by February 15 of each | 4 | | year to request to be exempt from operating the school | 5 | | breakfast program in the school or schools in the next school | 6 | | year. The petition shall include all legitimate costs | 7 | | associated with implementing and operating a school breakfast | 8 | | program, the estimated reimbursement from State and federal | 9 | | sources, and any unique circumstances the school district can | 10 | | verify that exist that would cause the implementation and | 11 | | operation of such a program to be cost prohibitive. | 12 | | The regional superintendent of schools shall review the | 13 | | petition. In accordance with the Open Meetings Act, he or she | 14 | | shall convene a public hearing to hear testimony from the | 15 | | school district and interested community members. The regional | 16 | | superintendent shall, by March 15 of each year, inform the | 17 | | school district of his or her decision, along with the reasons | 18 | | why the exemption was granted or denied, in writing. The | 19 | | regional superintendent must also send notification to the | 20 | | State Board of Education detailing which schools requested an | 21 | | exemption and the results. If the regional superintendent | 22 | | grants an exemption to the school district, then the school | 23 | | district is relieved from the requirement to establish and | 24 | | implement a school breakfast program in the school or schools | 25 | | granted an exemption for the next school year. | 26 | | If the regional superintendent of schools does not grant |
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| 1 | | an exemption, then the school district shall implement and | 2 | | operate a school breakfast program in accordance with this | 3 | | Section by the first student attendance day of the next school | 4 | | year. However, the school district or a resident of the school | 5 | | district may by April 15 appeal the decision of the regional | 6 | | superintendent to the State Superintendent of Education. The | 7 | | State Superintendent shall hear appeals on the decisions of | 8 | | regional superintendents of schools no later than May 15 of | 9 | | each year. The State Superintendent shall make a final | 10 | | decision at the conclusion of the hearing on the school | 11 | | district's request for an exemption from the school breakfast | 12 | | program requirement. If the State Superintendent grants an | 13 | | exemption, then the school district is relieved from the | 14 | | requirement to implement and operate a school breakfast | 15 | | program in the school or schools granted an exemption for the | 16 | | next school year. If the State Superintendent does not grant | 17 | | an exemption, then the school district shall implement and | 18 | | operate a school breakfast program in accordance with this | 19 | | Section by the first student attendance day of the next school | 20 | | year. | 21 | | A school district may not attempt to opt out a school or | 22 | | schools from the school breakfast program requirement of this | 23 | | Section by requesting a waiver under Section 2-3.25g of the | 24 | | School Code. | 25 | | (e) For all schools operating a school breakfast program, | 26 | | the State Board of Education shall collect information about |
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| 1 | | whether a school is operating a breakfast after the bell | 2 | | program under Section 16 and, if so, what breakfast after the | 3 | | bell model the school operates, including breakfast in the | 4 | | classroom, second chance breakfast, and grab and go breakfast. | 5 | | The State Board of Education shall make this data publicly | 6 | | available annually. | 7 | | (Source: P.A. 96-158, eff. 8-7-09.) | 8 | | (105 ILCS 126/18 new) | 9 | | Sec. 18. Breakfast after the bell grant program. | 10 | | (a) Subject to appropriation, the State Board of Education | 11 | | shall award a grant of up to $7,000 per school site on a | 12 | | competitive basis to eligible schools, school districts, or | 13 | | entities approved by the State Board of Education for | 14 | | nonrecurring expenses incurred in initiating a breakfast after | 15 | | the bell program under Section 16. | 16 | | Grants awarded under this Section shall be used for the | 17 | | nonrecurring costs of initiating a breakfast after the bell | 18 | | program, including, but not limited to, the acquisition of | 19 | | equipment, training of staff in new capacities, outreach | 20 | | efforts to publicize new or expanded school breakfast | 21 | | programs, minor alterations to accommodate new equipment, | 22 | | computer point-of-service systems for food service, and the | 23 | | purchase of vehicles for transporting food to schools. | 24 | | (b) In making grant awards under this Section, the State | 25 | | Board of Education shall give a preference to grant applicants |
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| 1 | | that do all of the following: | 2 | | (1) Submit to the State Board of Education a plan to | 3 | | start or expand school breakfast programs in the school | 4 | | district or the educational service region, including a | 5 | | description of the following: | 6 | | (A) a description of each eligible school site's | 7 | | breakfast after the bell program under Section 16, | 8 | | including which school and school district | 9 | | stakeholders have been engaged in the development of | 10 | | the program, including, but not limited to, the | 11 | | superintendent, the principal, the business manager, | 12 | | school food service personnel, the school nurse, | 13 | | teachers, and janitorial staff; | 14 | | (B) a budget outlining the nonrecurring expenses | 15 | | needed to initiate a program at each school site; and | 16 | | (C) any public or private resources that have been | 17 | | assembled to carry out expansion of school breakfast | 18 | | programs during the school year. | 19 | | (2) Agree to operate a breakfast after the bell | 20 | | program under Section 16 for a period of not less than 3 | 21 | | school years. | 22 | | (3) Have higher rates of students who are eligible for | 23 | | free or reduced-price meals. ". |
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