C.R.S. Section 22-32-136
Children’s nutrition

  • healthful alternatives
  • information
  • facilities
  • local wellness policy
  • competitive foods

(1)

The general assembly hereby recognizes that:

(a)

Overweight children and youth and obesity among children and youth are major public health threats, and being overweight is now the most common medical condition of childhood. An estimated nine million young people in the United States are considered overweight. In Colorado, obesity in the adult population has more than doubled since 1991. Childhood obesity is related to the development of a number of preventable chronic childhood diseases such as type 2 diabetes and hypertension, and overweight children are likely to become overweight adults with increased risk of developing high cholesterol, heart disease, stroke, osteoporosis, gallbladder disease, arthritis, and endometrial, breast, prostate, and colon cancers.

(b)

Schools can play a major role in reducing the number of overweight and obese children and youth. Schools are places where students can gain the knowledge, motivation, and skills needed for lifelong physical activity and lifelong healthy eating habits and are also places for students to practice healthy eating habits.

(c)

Meeting a student’s basic nutritional and fitness needs will increase a student’s cognitive energy to learn and achieve, and, as a result, the overall educational process will be more effective.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Competitive food” means any food or beverage available to students that is separate from the school district’s nonprofit, federally reimbursed food service program and is provided by a school-approved organization or a school-approved outside vendor.

(b)

“School day” means one hour prior to the start of the first class period to one half hour after the end of the last class period; except that, for schools not offering school breakfast, “school day” means one half hour before the first class period to one half hour after the end of the last class period.

(3)

On or before July 1, 2006, each school district board of education is encouraged to adopt policies ensuring that:

(a)

Every student has access to healthful food choices in appropriate portion sizes throughout the school day. At a minimum, this includes the provision of:

(I)

Healthful meals in the school cafeteria made available to students with an adequate time to eat;

(II)

Healthful beverages sold to students on school campuses, pursuant to section 22-32-134.5; and

(III)

Healthful items for fundraisers, classroom parties, and rewards in the schools.

(b)

Intentionally left blank —Ed.

(I)

Every student and his or her parent or legal guardian has access to information concerning the nutritional content of:

(A)

Food and beverages sold by or available from the school’s food service department at breakfast and lunch and throughout the school day; and

(B)

Competitive food sold or available anywhere on school district property on a recurring basis during the school day.

(II)

The information described in subparagraph (I) of this paragraph (b) may be made available by placing the information on the school district website or printing the information on the menus sent home with students or by posting the information in a visible place in each school building.

(c)

Every student has access to fresh fruits and vegetables at appropriate times during the school day. Whenever practical, school districts shall work to acquire fresh produce from Colorado sources.

(d)

Every student has access to age-appropriate and culturally sensitive instruction designed to teach lifelong healthy eating habits and a healthy level of physical activity.

(e)

Every student has access to a school facility with a sufficient number of functioning water fountains in accordance with local building codes, or other means which provide him or her with sufficient water.

(f)

Every student has access to age-appropriate daily physical activity.

(4)

Each school district board of education is encouraged to establish rules specifying the time and place at which competitive foods may be sold on school property in order to encourage the selection of healthful food choices by students.

(5)

On or before July 1, 2006, each school district board of education is encouraged to adopt a local wellness policy as provided for in the federal “Child Nutrition and WIC Reauthorization Act of 2004”, Public Law 108-265, which provides, in part, that, not later than the first day of the school year beginning after June 30, 2006, each school district participating in a program authorized by the “Richard B. Russell National School Lunch Act”, 42 U.S.C. 1751 et seq., or the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., shall establish a local school wellness policy for schools under the local educational agency that, at a minimum:

(a)

Includes goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the school district determines is appropriate;

(b)

Includes nutrition guidelines selected by the local school district for all foods available on each school campus during the school day with objectives of promoting student health and reducing childhood obesity and overweight and type 2 diabetes;

(c)

Provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the secretary of agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act, 42 U.S.C. sec. 1779, and sections 9 (f)(1) and 17 (a) of the “Richard B. Russell National School Lunch Act”, 42 U.S.C. secs. 1758 (f)(1) and 1766 (a), as those regulations and guidance apply to schools;

(d)

Establishes a plan for measuring implementation of the local wellness policy, including designation of one or more persons within the school district or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and

(e)

Involves parents, representative of the school food authority, the school board and school administrators, and the public, in the development of the school wellness policy.

(5.5)

On or before October 1, 2008, each school district board of education is encouraged to expand its local wellness policy adopted pursuant to subsection (5) of this section to include goals for:

(a)

Increasing the availability of courses in physical education, including but not limited to, for a school district that enrolls more than one thousand five hundred students, establishing the goal of ensuring that all physical education classes offered by the school district are taught by persons who are licensed and endorsed pursuant to article 60.5 of this title to teach physical education;

(b)

Increasing classes in health education;

(c)

Providing health services;

(d)

Providing nutrition services;

(e)

Providing increased access to mental health counseling and services;

(f)

Developing and maintaining a healthy school environment in each of the schools of the school district;

(g)

Increasing the level of family and community involvement in developing and maintaining an emphasis on healthy lifestyles and choices to enable students to retain healthy behaviors throughout their lives.

(6)

Nothing in this section shall be construed to prohibit the sale or distribution of any food or beverage item through periodic fundraisers by a student, teacher, or school group when the item is for sale after completion of the school day.

Source: Section 22-32-136 — Children’s nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods, 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

§ 22-32-136’s source at colorado​.gov