Bill Text: IL HB3052 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Childhood Hunger Relief Act. Provides that for all schools operating a school breakfast program, the State Board of Education shall collect information about whether the school is operating a breakfast after the bell program and, if so, what breakfast after the bell model the school operates, including breakfast in the classroom, second chance breakfast, and grab and go breakfast. Provides that the State Board of Education shall make this data publicly available annually. Provides that, subject to appropriation, the State Board of Education shall award grants of up to $7,000 per school site on a competitive basis to eligible schools, school districts, or entities approved by the State Board of Education for nonrecurring expenses incurred in initiating a school breakfast after the bell program. Sets forth what the grants may be used for and who gets preference for a grant.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed) 2023-12-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3052 Detail]

Download: Illinois-2023-HB3052-Engrossed.html

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HB3052 Engrossed LRB103 30040 RJT 56461 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 15 and by adding Section 18 as follows:
(105 ILCS 126/15)
Sec. 15. School breakfast program.
(a) The board of education of each school district in this
State shall implement and operate a school breakfast program
in the next school year, 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 current year's October claim (for those
schools that participate in the National School Lunch Program)
or in which at least 40% or more of the students are classified
as low-income according to the Fall Housing Data from the
previous year (for those schools that do not participate in
the National School Lunch 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.

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(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 a school
or schools from 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 February 15 of each
year to request to be exempt from operating the school
breakfast program in the school or schools in the next school
year. The petition shall include all legitimate costs
associated with implementing and operating a school breakfast

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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. In accordance with the Open Meetings Act, 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 15 of each year, inform the
school district of his or her decision, along with the reasons
why the exemption was granted or denied, in writing. The
regional superintendent must also send notification to the
State Board of Education detailing which schools requested an
exemption and the results. 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 in the school or schools
granted an exemption for the next school year.
If the regional superintendent of schools does not grant
an exemption, then the school district shall implement and
operate a school breakfast program in accordance with this
Section by the first student attendance day of the next school
year. However, the school district or a resident of the school
district may by April 15 appeal the decision of the regional
superintendent to the State Superintendent of Education. The
State Superintendent shall hear appeals on the decisions of

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regional superintendents of schools no later than May 15 of
each year. 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, then the school district is relieved from the
requirement to implement and operate a school breakfast
program in the school or schools granted an exemption for the
next school year. If the State Superintendent does not grant
an exemption, then the school district shall implement and
operate a school breakfast program in accordance with this
Section by the first student attendance day of the next school
year.
A school district may not attempt to opt out a school or
schools from the school breakfast program requirement of this
Section by requesting a waiver under Section 2-3.25g of the
School Code.
(e) For all schools operating a school breakfast program,
the State Board of Education shall collect information about
whether the school is operating a breakfast after the bell
program under Section 16 and, if so, what breakfast after the
bell model the school operates, including breakfast in the
classroom, second chance breakfast, and grab and go breakfast.
The State Board of Education shall make this data publicly
available annually.
(Source: P.A. 96-158, eff. 8-7-09.)

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(105 ILCS 126/18 new)
Sec. 18. Breakfast after the bell grant program.
(a) Subject to appropriation, the State Board of Education
shall award grants of up to $7,000 per school site on a
competitive basis to eligible schools, school districts, or
entities approved by the State Board of Education for
nonrecurring expenses incurred in initiating a school
breakfast program under Section 16.
Grants awarded under this Section shall be used for
nonrecurring costs of initiating a breakfast after the bell
program, including, but not limited to, the acquisition of
equipment, training of staff in new capacities, outreach
efforts to publicize new or expanded school breakfast
programs, minor alterations to accommodate new equipment,
computer point-of-service systems for food service, and the
purchase of vehicles for transporting food to schools.
(b) In making grant awards under this Section, the State
Board of Education shall give a preference to grant applicants
that do all of the following:
(1) Submit to the State Board of Education a plan to
start or expand school breakfast programs in the school
district or the educational service region, including a
description of the following:
(A) a description of each eligible school site's
breakfast program under Section 16, including which

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school and school district stakeholders have been
engaged in the development of the program, including
but not limited to superintendent, principal, business
manager, school food service personnel, school nurse,
teachers, and janitorial staff;
(B) a budget outlining the nonrecurring expenses
needed to initiate a program at each school site; and
(C) any public or private resources that have been
assembled to carry out expansion of school breakfast
programs during the school year.
(2) Agree to operate a school breakfast program under
Section 16 for a period of not less than 3 school years.
(3) Have higher rates of free or reduced-price
eligible students.