C.R.S. Section 22-32-120
Food services

  • facilities
  • school food authorities
  • rules

(1)

Intentionally left blank —Ed.

(a)

A board of education may establish, maintain, equip, and operate a food-service facility, and expend the moneys of the district therefor, for pupils enrolled in the public schools of the district, for persons participating in or attending a school-sponsored activity, and for the employees of the district. Any such food-service facility shall be deemed to be an integral part of the program of the district and shall be maintained, operated, and governed in the same manner as the schools of the district.

(b)

A school food authority may establish, maintain, equip, and operate a food-service facility for pupils enrolled in a district charter school or institute charter school that contracts with the school food authority, for persons participating in or attending a district charter school-sponsored or institute charter school-sponsored activity, and for the employees of a district charter school or institute charter school that contracts with the school food authority.

(2)

All food shall be sold by a food-service facility as nearly as practicable on a nonprofit basis, but a school food authority may sell food at lower than cost and may provide food free of charge to those pupils entitled thereto pursuant to the provisions of the federal “Richard B. Russell National School Lunch Act”, 42 U.S.C. sec. 1751 et seq. Capital outlay and rental costs shall not be included in computing the cost of the meals served.

(3)

Upon the written request from a parent or guardian of a school-age pupil enrolled in a school, such pupil shall not be required to participate in a food-service program or remain on the school premises during the lunch period.

(4)

If a district charter school requests in writing that the school district of the district charter school provide food services pursuant to a contract with the district charter school that includes terms specified by the district charter school, the school district board of education may attempt to negotiate the terms of the contract with the district charter school. If the school district board of education and the district charter school attempt to negotiate contract terms that are mutually satisfactory, and the negotiations fail to produce such mutually satisfactory terms, the school district board of education shall:

(a)

Agree to provide food services to the district charter school according to the terms requested by the district charter school; or

(b)

Allow the district charter school to transfer the maintenance, supervision, and operation of the district charter school’s food-service facility from the district to a school food authority.

(5)

Intentionally left blank —Ed.

(a)

Using the timeline and procedures established by rules promulgated by the state board of education pursuant to paragraph (a) of subsection (7) of this section, a district charter school or an institute charter school may apply to the department of education for authorization as a school food authority.

(b)

Using the timeline, standards, and procedures established by rules promulgated by the state board of education pursuant to paragraph (b) of subsection (7) of this section, the department of education shall grant or deny authorization as a school food authority to a district charter school or an institute charter school that applies for the authorization pursuant to paragraph (a) of this subsection (5).

(6)

Intentionally left blank —Ed.

(a)

On and after May 4, 2009, a district charter school or an institute charter school may submit a written request to the department of education for provisional authorization as a school food authority.

(b)

On and after May 4, 2009, the commissioner of education or his or her designee may grant or deny provisional authorization as a school food authority to a district charter school or institute charter school that submits a written request for such authorization to the department of education.

(c)

Intentionally left blank —Ed.

(I)

Subject to the provisions of subparagraph (II) of this paragraph (c), if the commissioner of education or his or her designee grants provisional authorization to a district charter school or an institute charter school as a school food authority pursuant to this subsection (6), the department of education shall review the provisional authorization and, using the standards established by rules promulgated by the state board of education pursuant to paragraph (b) of subsection (7) of this section, grant or deny authorization as a school food authority to the district charter school or institute charter school.

(II)

Before granting authorization as a school food authority to a district charter school or an institute charter school that was granted provisional authorization as a school food authority pursuant to this subsection (6), the department of education shall ensure that the district charter school or institute charter school has completed one full fiscal year of operation as a school food authority under the provisional authorization granted pursuant to this subsection (6), that the district charter school or institute charter school has submitted its governmental audit required pursuant to section 22-30.5-112 (7) to the department, and that the district charter school or institute charter school has successfully complied with the requirements of the “Richard B. Russell National School Lunch Act”, 42 U.S.C. sec. 1751 et seq., as determined by the department’s compliance review evaluation process and has taken any necessary corrective actions identified by the department. The department shall grant or deny authorization as a school food authority to a district charter school or institute charter school within forty-five days after the school has satisfied the requirements of this subparagraph (II).

(d)

Notwithstanding any provision of this subsection (6) to the contrary, the commissioner of education or his or her designee shall not grant provisional authorization as a school food authority to more than six applicant district charter schools or institute charter schools.
(e)(Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1900, § 9, effective June 10, 2010.)(7) On or before October 1, 2009, the state board of education shall promulgate rules establishing:

(a)

A timeline and procedures by which a district charter school or an institute charter school may apply to the department of education for authorization as a school food authority; and

(b)

A timeline, standards, and procedures for the department of education to use in granting or denying authorization as a school food authority to a district charter school or an institute charter school. The standards shall include, at a minimum, the following requirements:

(I)

The district charter school or institute charter school shall serve at least a minimum number of children, specified by rule, who are enrolled in the district charter school or institute charter school;

(II)

The district charter school or institute charter school shall demonstrate its sound financial status to the satisfaction of the department of education;

(III)

The district charter school or institute charter school shall demonstrate, to the satisfaction of the department of education, its capacity to operate a food service program;

(IV)

The district charter school or institute charter school shall include in its application a statement of its willingness to contract, to the extent practicable, with other district charter schools and institute charter schools to provide a food service program; and

(V)

The department of education shall not grant authorization as a school food authority to more than ten applicant district charter schools or institute charter schools until July 1, 2016, including any district charter schools or institute charter schools that have been granted provisional authorization pursuant to subsection (6) of this section.

(8)

As used in this section, “school food authority” means:

(a)

A school district or the state charter school institute;

(a.3)

A charter school collaborative formed pursuant to section 22-30.5-603;

(a.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

(b)

A district charter school or an institute charter school that:

(I)

The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to subsection (6) of this section; or

(II)

The department of education authorizes as a school food authority pursuant to subsection (5) of this section.

Source: Section 22-32-120 — Food services - facilities - school food authorities - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑32‑101
Corporate status of school districts
22‑32‑102
Corporate status - when questioned
22‑32‑103
Board of education - general powers and duties
22‑32‑104
Organization of board of education - definition
22‑32‑105
Duties - president and vice-president
22‑32‑106
Duties - secretary
22‑32‑107
Duties - treasurer
22‑32‑108
Meetings of the board of education - legislative intent
22‑32‑108.5
Board of education - distribution of additional mill levy revenue - definitions - legislative declaration
22‑32‑109
Board of education - specific duties - definitions
22‑32‑109.1
Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions
22‑32‑109.2
Board of education - specific duties - adoption of policy
22‑32‑109.3
Board of education - specific duties - student records
22‑32‑109.4
Colorado School Collective Bargaining Agreement Sunshine Act - board of education - specific duties
22‑32‑109.5
Board of education - specific duties - testing requirements - developmental education placement or assessment tests - intervention plans
22‑32‑109.6
Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions
22‑32‑109.7
Board of education - specific duties - employment of personnel - definitions
22‑32‑109.8
Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database
22‑32‑109.9
Licensed personnel - submittal of fingerprints
22‑32‑110
Board of education - specific powers - definitions
22‑32‑110.6
Board of education - specific powers - “No Child Left Behind Act of 2001”
22‑32‑110.7
Board of education - specific powers - drug testing
22‑32‑111
Power of eminent domain
22‑32‑112
Oil and gas leases
22‑32‑113
Transportation of pupils - when
22‑32‑114
Transportation by parents of own children
22‑32‑115
Tuition for resident school-age children
22‑32‑116
Exclusion of nonresidents - exception
22‑32‑116.5
Extracurricular and interscholastic activities - definitions
22‑32‑117
Miscellaneous fees
22‑32‑118
Summer schools - continuation, evening, and community education programs
22‑32‑118.5
Intervention strategies - students at risk of dropping out - legislative declaration
22‑32‑118.6
Intervention strategies - improving mathematics outcomes - definitions
22‑32‑119
Kindergartens - definition
22‑32‑119.5
Full-day kindergarten - phase-in plan - report - legislative declaration
22‑32‑120
Food services - facilities - school food authorities - rules
22‑32‑121
Facsimile signature
22‑32‑122
Contract services, equipment, and supplies
22‑32‑123
Penalty
22‑32‑124
Building codes - zoning - planning - fees - rules - definitions
22‑32‑124.3
Energy-efficient design of school buildings and structures required - definitions
22‑32‑126
Principals - employment and authority
22‑32‑127
Leases or installment purchases for periods exceeding one year
22‑32‑128
Use of school vehicles by residents of district
22‑32‑131
Voter approval of repayment of loans for capital improvements made to a growth district
22‑32‑132
Diplomas - veterans
22‑32‑133
American sign language
22‑32‑133.5
Computer science courses - legislative declaration
22‑32‑134.5
Healthy beverages policy required
22‑32‑135
Financial literacy curriculum - definition
22‑32‑136
Children’s nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods
22‑32‑136.3
Children’s nutrition - no trans fats in school foods - definitions - rules
22‑32‑136.5
Children’s wellness - physical activity requirement - legislative declaration
22‑32‑137
Community service and service-learning
22‑32‑138
Out-of-home placement students - school stability, transfer, and enrollment procedures - absences - exemptions - provision of academic supports - report - definitions
22‑32‑138.5
Educational stability grant program - application - grants - fund created - rules - report - definition
22‑32‑139
Food allergies and anaphylaxis policy required
22‑32‑140
Standardized immunization policy required
22‑32‑141
Student awaiting trial as adult - educational services - definitions
22‑32‑142
Parent engagement - policy - communications - incentives
22‑32‑143
Local fiscal impact summaries
22‑32‑144
Restorative justice practices - legislative declaration
22‑32‑145
Native American language and culture instruction - general credit
22‑32‑146
School use of on-site peace officers as school resource officers
22‑32‑147
Use of restraints on students - certain restraints prohibited - reports and review process - rules - definitions
22‑32‑148
Food donations to nonprofit organizations encouraged
22‑32‑149
District scholarship programs - authorized
22‑32‑150
Contracting for facial recognition service by schools prohibited - definition - repeal
22‑32‑151
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-32-120’s source at colorado​.gov