2005 Illinois Code - Chapter 105 Schools 105 ILCS 126/ Childhood Hunger Relief Act.
(105 ILCS 126/1)
Sec. 1. Short title. This Act may be cited as the Childhood Hunger
Relief Act.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
(105 ILCS 126/5)
Sec. 5. State policy and legislative intent. The General Assembly
recognizes that hunger and food security are serious problems in the State of
Illinois with as
many as one million citizens being affected. These citizens have lost
their sense of food security.
Food insecurity occurs whenever the availability of nutritionally adequate
and safe foods or the ability to acquire acceptable foods in socially
acceptable ways is limited or uncertain. Hunger is a painful or uneasy
sensation caused by a recurrent or involuntary lack of food and is a
potential, although not necessary, consequence of food insecurity. Over
time, hunger may result in malnutrition.
It is estimated that just under 600,000 Illinois
children
experience hunger or food insecurity, meaning that they either go without
eating meals,
or their parents or guardians cannot provide the kinds of food they need.
At present, the Illinois economy is steadily experiencing a 6%
unemployment rate, people are being laid off who thought they had job
security, and the unemployed are remaining unemployed beyond the
terms of unemployment benefits. Emergency food providers throughout
the State are experiencing an increase in the number of working poor
families requesting emergency food. In October 2003, Illinois was
ranked 48th in the nation in providing school breakfasts to low‑income
children of families who meet the criteria for free and reduced‑price
lunches.
Because
low‑income children are not being
adequately nourished, even to the point where many are arriving at school
hungry, the General Assembly believes it is in the best interest of
Illinois to utilize resources available through existing child nutrition
programs, to the fullest extent possible.
The General Assembly also recognizes a definite correlation between
adequate child nutrition and a child's physical, emotional, and cognitive
development. There is also a correlation between adequate nutrition and a
child's ability to perform well in school.
Documented research has proven that school breakfasts improve
attendance and increase a child's readiness to learn.
In this regard, the General
Assembly realizes the importance of the National
School Breakfast Program and the Summer Food Service Program
as
effective measures that must be widely implemented to ensure more adequate
nutrition for Illinois children.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
(105 ILCS 126/10)
Sec. 10. Definitions. In this Act:
"Hunger" means a symptom of poverty caused by a lack of resources that
prevents the purchasing of a nutritionally adequate diet resulting in a
chronic condition of being undernourished.
"Food insecurity" means a limited or uncertain availability of
nutritionally adequate foods.
"Food security" means
ensured access to enough food for an active, healthy life.
"School Breakfast Program" means the federal child nutrition entitlement
program that helps serve nourishing low‑cost breakfast meals to school
children. In addition to cash assistance, participating schools get
foods donated by and technical guidance from the United States Department of Agriculture. Payments to schools are higher
for meals served to children who qualify, on the basis of family size and
income, for free or reduced‑price meals. The program is administered in
Illinois by the State Board of Education.
"Summer Food Service Program" means the federal child nutrition
entitlement program that helps communities serve meals to needy children
when school is not in session. The United States Department of Agriculture reimburses sponsors for operating
costs of food services up to a specific maximum rate for each meal served.
In addition, sponsors receive some reimbursement for planning and
supervising expenses. The program in Illinois is administered by the State
Board of Education.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
(105 ILCS 126/15)
Sec. 15. School breakfast program.
(a) Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly and then each school year thereafter, the board of education of each school district in
this State shall implement and operate a school breakfast program, 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 count on
October 31 of the previous year.
Using the data from the previous school year, the board of education of each school
district in the State shall determine which schools within their districts
will be required to implement and operate a school breakfast 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.
(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 of 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 November 15 to request to be exempt
from the school breakfast program requirement. 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. He or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, by December 15, 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 school breakfast 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 school breakfast program in accordance with this Section by September 1 of the subsequent 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 February 15 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 school breakfast 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 school breakfast program. If the State Superintendent does not grant an exemption to the school district, then the school district shall implement and operate a school breakfast program in accordance with this Section by September 1 of the subsequent school year.
A school district may not attempt to opt out of the school breakfast program requirement of this Section by requesting a waiver under Section 2‑3.25g of the School Code.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
(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 January 15, 2006.
(b) 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 may
be
supported by federal funds and commodities
and other available State and local resources.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
(105 ILCS 126/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 93‑1086, eff. 2‑15‑05; text omitted.)
(105 ILCS 126/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 93‑1086, eff. 2‑15‑05.)
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