Public Act 095-0155
 
HB1964 Enrolled LRB095 09726 NHT 29930 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Childhood Hunger Relief Act is amended by
changing Section 20 as follows:
 
    (105 ILCS 126/20)
    Sec. 20. Summer food service program.
    (a) The State Board of Education shall promulgate a State
plan for summer food service programs, in accordance with 42
U.S.C. Sec. 1761 and any other applicable federal laws and
regulations, by February 1, 2008 January 15, 2006.
    (b) On or before February 15, 2008, a school district must
promulgate a plan to have a summer breakfast or lunch (or both)
food service program for each school (i) in which at least 50%
of the students are eligible for free or reduced-price school
meals and (ii) that has a summer school program. The plan must
be implemented during the summer of 2008. Each summer food
service program must operate for the duration of the school's
summer school program. If the school district has one or more
elementary schools that qualify, the summer food service
program must be operated in a manner that ensures all eligible
students receive services. If a school in which at least 50% of
the students are eligible for free or reduced-price school
meals is not open during the summer months, the school shall
provide information regarding the number of children in the
school who are eligible for free or reduced-price school meals
upon request by a not-for-profit entity. By the summer of 2006
and then each summer thereafter, it is strongly encouraged that
the board of education of each school district in this State in
which at least 50% of the students are eligible for free or
reduced-price school meals operate a summer food service
program or identify a non-profit or private agency to sponsor a
summer food service program within the school district's
boundaries.
    (c) Summer food service programs established under this
Section shall may be supported by federal funds and commodities
and other available State and local resources.
    (d) A school district shall be allowed to opt out of the
summer food service 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 summer food
service program. The school district shall petition its
regional superintendent of schools by January 15 to request to
be exempt from the summer food service program requirement. The
petition shall include all legitimate costs associated with
implementing and operating a summer food service 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. 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 1, inform
the school district of his or her decision, along with the
reasons why the exemption was granted or denied, in writing. 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 summer food service
program.
    If the regional superintendent of schools does not grant an
exemption to the school district, then the school district
shall implement and operate a summer food service program in
accordance with this Section the summer following the current
school year. However, the school district or a resident of the
school district may appeal the decision of the regional
superintendent to the State Superintendent of Education. No
later than April 1 of each year, the State Superintendent shall
hear appeals on the decisions of regional superintendents of
schools. 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 summer food service program
requirement. If the State Superintendent grants an exemption to
the school district, then the school district is relieved from
the requirement to implement and operate a summer food service
program. If the State Superintendent does not grant an
exemption to the school district, then the school district
shall implement and operate a summer food service program in
accordance with this Section the summer following the current
school year.
(Source: P.A. 93-1086, eff. 2-15-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2007