Colorado Revised Statutes Title 22. Education § 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:

(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.

(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 December 27, 2022, 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.

(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:

(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.

(e) As used in this subsection (7), 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.