C.R.S.
Section 22-82.9-204
Healthy school meals for all program
- created
- rules
(1)
Intentionally left blank —Ed.(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 the community eligibility provision as required in subsection (3) of this section.(3)
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. 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 by participating in the community eligibility provision for all schools that qualify for the community eligibility provision and that the participating school food authority serves.(4)
Intentionally left blank —Ed.(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)
Implementation of sections 22-82.9-205 to 22-82.9-207 is conditional upon the state of Colorado being certified to participate in the demonstration project for direct certification for children receiving medicaid benefits that is operated pursuant to 42 U.S.C. sec. 1758 (b)(15).(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.
Source:
Section 22-82.9-204 — Healthy school meals for all program - created - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-22.pdf (accessed Oct. 20, 2023).
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