2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › MISCELLANEOUS (§§ 22-80-101 — 22-108-109) › Article 82.9 - Child Nutrition School Lunch Protection Program (§§ 22-82.9-101 — 22-82.9-306) › Part 2 - HEALTHY SCHOOL MEALS FOR ALL PROGRAM (§§ 22-82.9-201 — 22-82.9-211) › Section 22-82.9-204 - Healthy school meals for all program - created - advisory group - report - rules - definition - repeal

(1)
(a)
There is created in the department the healthy school meals for all program through which each school food authority that chooses to participate in the program:
(I)
Offers eligible meals, without charge, to all students enrolled in the public schools served by the participating school food authority that participate in the national school lunch program or national school breakfast program;
(II)
Receives reimbursement for the meals as described in subsection (1)(b) of this section;
(III)
Is eligible to receive a local food purchasing grant pursuant to section
22-82.9-205
, subject to subsection (4)(b) of this section;
(IV)
Is eligible to receive funding pursuant to section
22-82.9-206
to increase wages or provide stipends for individuals whom the participating school food authority employs to directly prepare and serve food for school meals, subject to subsection (4)(b) of this section; and
(V)
Is eligible to receive assistance through the local school food purchasing technical assistance and education grant program pursuant to section
22-82.9-207
, subject to subsection (4)(b) of this section.
(b)
The amount of the reimbursement provided through the program to each participating school food authority for each budget year is equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating school food authority serves during the applicable budget year minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating school food authority receives pursuant to the national school breakfast program, the national school lunch program, sections
22-54-123
and
22-54-123.5
, article
82.7
of this title 22, and part 1 of this article 82.9.
(c)
The department shall develop procedures to allocate and disburse, beginning in the 2023-24 budget year, the money appropriated as reimbursements pursuant to this section among participating school food authorities each budget year in an equitable manner and in compliance with the requirements of the national school breakfast program and the national school lunch program.
(2)
A school food authority that chooses to participate in the program must annually give notice of participation to the department as provided by rule of the state board. At a minimum, the notice must include evidence that the school food authority is participating in provisional programming if deemed necessary by the department. The department may require school food authority modifications to the program throughout the year to maximize a school food authority's federal reimbursements as deemed necessary by the department.
(3)
(a)
If the United States department of agriculture creates the option for the state, as a whole, to participate in the community eligibility provision, the department shall participate in the option and shall work with school food authorities and the necessary state and local departments to collect data and implement the community eligibility provision statewide, if the department determines participation in the statewide community eligibility provision maximizes federal funding. Until such time as Colorado participates in the community eligibility provision as a state, each participating school food authority, as a condition of participating in the program, must maximize the amount of federal reimbursement the school food authority receives, including, but not limited to, participating in Provisional programs, including the community eligibility provision for all schools that qualify, subject to determination by the department that the school food authority's participation maximizes federal reimbursement.
(b)
Annually, the department shall establish options for, and communicate the options to, each school food authority to maximize federal funding. A school food authority that chooses an option other than the options established by the department shall not receive healthy school meals for all program funding and must use other eligible funding sources to cover the costs of serving free meals to all students at the schools of the school food authority.
(4)
(a)
As soon as practicable after the effective date of this part 2, the department shall apply to the federal secretary of agriculture to participate in the demonstration project operated pursuant to
42 U.S.C. sec. 1758 (b)(15)
for direct certification for children receiving medicaid benefits, with the intent that the demonstration project is implemented statewide to the extent allowable under federal law. If the state is selected to participate in the demonstration project, the department shall comply with all of the requirements of the demonstration project, including entering into an agreement with the department of health care policy and financing to establish procedures by which a student may be certified, without further application, as meeting the eligibility requirements for free or reduced-price meals pursuant to the national school breakfast program and the national school lunch program based on information collected by the department of health care policy and financing in implementing the medicaid program.
(b)
Subject to available appropriations, implementation of sections
22-82.9-205
to
22-82.9-207
is effective beginning in the 2025-26 budget year.
(5)
The state board shall promulgate rules as necessary to implement the program, including rules to maximize the amount of federal funding available to implement the program.
(6)
(a)
On or before July 1, 2024, the department shall create a policy for school food authorities to maximize the collection of household income application forms for the national school lunch program to increase federal funding for the program.
(b)
School food authorities that choose to participate in the program shall comply with the policy described in subsection (6)(a) of this section to maximize the collection of household income application forms for the national school lunch program.
(7)
(a)
The healthy school meals for all program technical advisory group is created in the department. As soon as practicable, the department shall convene the advisory group and the advisory group shall collaborate with school districts, the office of state planning and budgeting, and a representative from the department of agriculture to:
(I)
Identify ways to maximize federal reimbursements;
(II)
Reduce costs of the program;
(III)
Review cost-savings options, including minimizing food waste;
(IV)
Strengthen the long-term resiliency of the healthy school meals for all cash fund;
(V)
Create model revenue scenarios;
(VI)
Provide options and recommendations for balancing program revenues and expenditures in the manner most equitable for students and school food authorities; and
(VII)
Draft a report pursuant to subsection (7)(d) of this section with legislative and administrative recommendations.
(b)
(I)
The advisory group shall solicit input from stakeholders and the public to direct the advisory group's work.
(II)
Legislative council staff and joint budget committee staff shall provide technical support to the advisory group.
(III)
The department shall collaborate with the advisory group to obtain the contractual services necessary for the advisory group's work.
(c)
In June 2024 and September 2024, the advisory group shall submit a status report to the joint budget committee on the progress of the advisory group's work.
(d)
(I)
On or before December 1, 2024, the advisory group shall submit a report summarizing the advisory group's work described in subsection (7)(a) of this section to the education committees of the house of representatives and the senate, or any successor committees; the joint budget committee; the state board; and the governor.
(II)
In December 2024, the department shall present the advisory group's report described in subsection (7)(d)(I) of this section to the joint budget committee.
(III)
In January 2025, the department shall include as part of its presentation during its "SMART Act" hearing required by section 2-7-203 information concerning the program and the report described in subsection (7)(d)(I) of this section.
(e)
As used in this subsection, unless the context otherwise requires, "healthy school meals for all program technical advisory group" or "advisory group" means the healthy school meals for all program technical advisory group created in this subsection (7).
(f)
This subsection (7) is repealed, effective July 1, 2025.
Amended by 2024 Ch. 133,§ 3, eff. 4/29/2024.
Added by 2022 Ballot Proposition FF, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
Added by 2022 Ch. 509, § 1, eff. 12/27/2022.
2022 Ch. 509, was passed without a safety clause. See Colo. Const. art. V, § 1(3).