Illinois Compiled Statutes
Chapter 105 - SCHOOLS
105 ILCS 125/ - School Breakfast and Lunch Program Act.

(105 ILCS 125/0.01) (from Ch. 122, par. 712.01)
Sec. 0.01.
Short title.
This Act may be cited as the School Breakfast and Lunch Program Act.

(Source: P.A. 86-1324; 91-843, eff. 6-22-00.)
 
(105 ILCS 125/0.05)
Sec. 0.05.
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. 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 cannot provide the kinds of food they need. 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. In this regard, the General
Assembly realizes the importance of the National
School Breakfast Program
as an
effective measure that must be widely implemented to insure more adequate
nutrition for Illinois children.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/1) (from Ch. 122, par. 712.1)
Sec. 1.
Definitions.
For the purposes of this Act:
"School board" means school principal, directors, board of education
and board of school inspectors of public and private schools.
"Welfare center" means an institution not otherwise receiving funds
from any governmental agency, serving breakfasts or lunches to children of
school age
or under, in conformance with the authorized free breakfast program, school
breakfast program, free lunch program, or school lunch program.
"Free breakfast program" means those programs through which school
boards may supply needy children in their respective districts with free
school breakfasts.
"Free lunch program" means those programs through which school boards
supply all of the needy children in their respective districts with free
school lunches.
"School breakfast program" means a school breakfast program that
meets the requirements for school breakfast programs under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
"School lunch program" means
a school lunch program that meets the requirements for school lunch
programs under the National School Lunch Act (42 U.S.C. 1751 et seq.).
"Comptroller" means Comptroller of the State of Illinois.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/2) (from Ch. 122, par. 712.2)
Sec. 2.
Reimbursement of sponsors.
The State Board of Education
is authorized to reimburse
school boards and welfare centers that operate free breakfast
programs, school breakfast programs, free lunch programs, or
school
lunch programs for a portion of the costs of food served in balanced,
nutritious breakfasts or lunches and served to students in non-profit public or private schools and
non-profit welfare
centers.
The State Board of Education
shall reimburse not less than $0.15 or the actual cost, whichever is
less, to School Boards for each free lunch
and not less than $0.15 or the actual cost, whichever is less, for
each free breakfast supplied by them. This appropriation
shall be in addition to any federal contributions.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/2.5)
Sec. 2.5. Breakfast incentive program. The State Board of
Education shall fund a breakfast incentive program comprised of the
components described in paragraphs (1), (2), and (3) of this Section,
provided that a separate appropriation is made for the purposes of this
Section. The State Board of Education may allocate the appropriation
among the program components in whatever manner the State Board of
Education finds will best serve the goal of increasing participation in
school breakfast programs. If the amount of the appropriation allocated
under paragraph (1), (2), or (3) of this Section is insufficient to fund all
claims submitted under that particular paragraph, the claims under that
paragraph shall be prorated.
(Source: P.A. 99-193, eff. 7-30-15.)
 
(105 ILCS 125/3) (from Ch. 122, par. 712.3)
Sec. 3.
Agreements with sponsors; standardized breakfasts and lunches.

The State Board of Education is authorized to enter into
agreements with the sponsors of free breakfast programs, school breakfast
programs, free lunch programs, and school lunch programs and shall
prepare a
standardized, general list of type breakfasts and lunches, for which the
State will
reimburse, subject to the provisions of Section 8, the sponsors of such programs.
The State Board of Education is also authorized to enter into agreements
with any governmental agency, school boards, corporations, private
individuals, or welfare centers which would permit the distribution or
processing of surplus commodities or in any other way tend to improve the
school breakfast program or school lunch program.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/4) (from Ch. 122, par. 712.4)
Sec. 4. Accounts; copies of menus served; free lunch program required;
report. School boards and welfare centers shall keep an accurate, detailed
and separate account of all moneys expended for school breakfast programs,
school lunch programs, free breakfast programs, free lunch programs,
and summer food service programs,
and of the amounts for which they are reimbursed by any governmental agency,
moneys received from students and from any other contributors to the program.
School boards and welfare centers shall also keep on file a copy of all menus
served under the programs, which together with all records of receipts and
disbursements, shall be made available to representatives of the State Board
of Education at any time.
Every public school must have a free lunch program.

(Source: P.A. 96-158, eff. 8-7-09; 96-1423, eff. 8-3-10.)
 
(105 ILCS 125/5) (from Ch. 122, par. 712.5)
Sec. 5. Application for participation in programs.
Applications for participation in the school breakfast program,
the school lunch program,
the free breakfast program, the free lunch program, and the summer
food service program
shall be made on
forms provided by the State Board of Education and filed
with the State Board.


(Source: P.A. 93-1086, eff. 2-15-05.)
 
(105 ILCS 125/5.5)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 5.5. Plant-based school lunch option. As a part of the school lunch program, a school district shall provide a plant-based school lunch option that complies with federal nutritional mandates to those students who submit a prior request to the school district requesting a plant-based school lunch option.

(Source: P.A. 102-761, eff. 8-1-23.)
 
(105 ILCS 125/6) (from Ch. 122, par. 712.6)
Sec. 6.
Disapproval or reduction of reimbursement.
The State Board of
Education may disapprove any reimbursement
if it is found that balanced, nutritious meals are not served in
accordance with the prescribed standards.
The State Board of Education may reduce or disapprove the amount of
reimbursement if it is found that the total income for the free breakfast
program, school breakfast program, free lunch program, or school lunch
program exceeds the expenditures therefor.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/7) (from Ch. 122, par. 712.7)
Sec. 7.
Disbursement of funds.
The funds appropriated shall be paid to
school boards and
welfare centers in accordance with the reimbursement rates established in
Section 2. If the total amount of the claims for reimbursement for any
school year exceeds the amount appropriated for that year, the money shall
be apportioned to each claimant in an equitable manner based upon meals
claimed.

(Source: P.A. 91-843, eff. 6-22-00.)
 
(105 ILCS 125/8) (from Ch. 122, par. 712.8)
Sec. 8.
Filing and forwarding claims for reimbursement.
School boards and welfare centers shall file claims for
reimbursement, on forms provided by the State Board of Education, on a monthly
basis as prescribed by the State Board of Education.

(Source: P.A. 91-764, eff. 6-9-00; 91-843, eff. 6-22-00; 92-16, eff.
6-28-01.)
 
(105 ILCS 125/9) (from Ch. 122, par. 712.9)
Sec. 9. Certification and payment of claims. The State Board of Education
shall prepare and certify to the State Comptroller at least quarterly
the amount due each board and welfare center, whereupon
the
Comptroller shall
draw his warrants on the State Treasurer for the amounts certified for the
various
school boards and welfare centers.

(Source: P.A. 99-657, eff. 7-28-16.)
 
(105 ILCS 125/10)
Sec. 10. Sharing information on school lunch applicants. Each
private school that receives funds for free or reduced-price lunches
under this Act shall, whenever requested by the Department of Healthcare and Family Services (formerly
Public Aid),
agree in writing with the Department of Healthcare and Family Services
(as the State agency that administers the State Medical Assistance
Program as provided in Title XIX of the federal Social Security Act and
the State Children's Health Insurance Program as provided in Title XXI of
the federal Social Security Act) to share with the Department of Healthcare and Family Services information on applicants for free or reduced-price lunches. This
sharing of information shall be for the sole purpose of helping the
Department of Healthcare and Family Services

identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance Program or
both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

(Source: P.A. 95-331, eff. 8-21-07.)

Structure Illinois Compiled Statutes