2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › FINANCING OF SCHOOLS - CONTINUED (§§ 22-53-101 — 22-58-101) › Article 54 - Public School Finance Act of 2025 (§§ 22-54-101 — 22-54-147) › Section 22-54-123.5 - School breakfast program - appropriation - low-performing schools - definition

(1)
(a)
For the 2002-03 budget year and each budget year thereafter, the general assembly may appropriate by separate line item an amount to assist school food authorities that are providing a school breakfast program through participation in programs authorized under the federal "Richard B. Russell National School Lunch Act",
42 U.S.C. sec. 1751
et seq., or the federal "Child Nutrition Act of 1966",
42 U.S.C. sec. 1771
et seq. The department of education shall develop procedures to appropriately allocate and disburse the funds among participating school food authorities.
(b)
Each school district that receives moneys pursuant to this section shall use such moneys to create, expand, or enhance the school breakfast program in each low-performing school of the receiving district with the goal of improving the academic performance of the students attending such schools.
(c)
A district charter school, an institute charter school, or a charter school collaborative that is a school food authority shall only be eligible to receive moneys pursuant to this section if it is a low-performing school. A district charter school or an institute charter school that is a school food authority that receives moneys pursuant to this section shall use such moneys to create, expand, or enhance its school breakfast program with the goal of improving the academic performance of the students attending the district charter school or the institute charter school.
(d)
(Deleted by amendment, L. 2010, (HB 10-1422), ch. 2078, p. 2078, § 47, effective August 11, 2010.)
(2)
As used in this section:
(a)
"Low-performing school" means a school that is required to implement a priority improvement or turnaround plan pursuant to section
22-11-405
or
22-11-406
, respectively, or is subject to restructuring pursuant to section
22-11-210
.
(b)
"School food authority" means:
(I)
A school district or the state charter school institute;
(I.2)
The Colorado school for the deaf and the blind authorized pursuant to section 22-80-102;
(I.3)
A charter school collaborative formed pursuant to section
22-30.5-603
;
(I.4)
An approved facility school or facility, as defined in section 22-2-402;
(I.5)
A board of cooperative services created pursuant to article
5
of this title that elects to operate as a school food authority pursuant to section
22-5-120
; or
(II)
A district charter school or an institute charter school that:
(A)
The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to section
22-32-120 (6)
; or
(B)
The department of education authorizes as a school food authority pursuant to section
22-32-120 (5)
.
Amended by 2024 Ch. 18,§ 4, eff. 3/8/2024.
L. 2002: Entire section added, p. 1787, § 53, effective June 7. L. 2003: (1) amended, p. 521, § 11, effective March 5. L. 2004: (1) amended, p. 1643, § 51, effective July 1. L. 2006: (1)(d) added, p. 1113, § 3, effective May 25. L. 2009: (1)(a), (1)(c), and (2) amended, (SB 09 -230), ch. 227, p. 1035, § 8, effective May 4; (2) amended, (SB 09 -163), ch. 293, p. 1544, § 51, effective May 21. L. 2010: (1)(d) and (2)(b)(II)(A) amended, (HB 10 -1422), ch. 419, p. 2078, § 47, effective August 11; (2)(b)(I) amended and (2)(b)(I.5) added, (HB 10 -1335), ch. 326, p. 1513, § 7, effective August 11. L. 2011: (1)(c) amended and (2)(b)(I.3) added, (HB 11-1277), ch. 306, p. 1505, §§ 38, 39, effective August 10.
Amendments to subsection (2) by Senate Bill 09-230 and Senate Bill 09-163 were harmonized.
For the legislative declaration contained in the 2006 act enacting subsection (1)(d), see section 1 of chapter 242, Session Laws of Colorado 2006.