Colorado § 22-82.8-103 - Breakfast after the bell nutrition program - creation - objectives - requirements - administration.

§ 22-82.8-103. Breakfast after the bell nutrition program - creation - objectives - requirements - administration.

(1) There is hereby created the breakfast after the bell nutrition program. The purpose of the program is to offer a free breakfast to each student enrolled in a public school that has seventy percent or more students who are eligible for free or reduced-cost lunch under the school lunch program.

(2) The objectives of the program are to:

(a) Increase the total number of children eating breakfast on school days;

(b) Increase the consumption of high-nutrition foods, making breakfast programs more effective;

(c) Improve academic performance by preparing children to learn;

(d) Improve the overall health of the children of Colorado; and

(e) Generate additional revenue for school nutrition programs through federal and state reimbursements.

(3) (a) Beginning in the 2014-2015 school year, except as provided for in paragraph (d) of this subsection (3) and subsection (4) of this section, each public school in the state that has eighty percent or more students who are eligible for free or reduced-cost lunch under the school lunch program in the prior school year shall offer a free breakfast to each student in the school. If a public school falls below the eighty percent threshold for two consecutive years, it has the option to continue participating in the program but is not required to do so. A public or charter school that does not participate in the school lunch program is not required to participate.

(b) Beginning in the 2015-2016 school year, and each year thereafter, except as provided for in this subsection (3) and subsection (4) of this section, each public school in the state that has seventy percent or more students who are eligible for free or reduced-cost lunch under the school lunch program in the prior school year shall offer a free breakfast to each student in the school. If a public school falls below the seventy percent threshold for two consecutive years, it has the option to continue participating in the program but is not required to do so. A public school or charter school that does not participate in the school lunch program is not required to participate.

(c) Each public school, school district, or board of cooperative services may determine the breakfast serving model that best suits its students. Serving models may include, but need not be limited to, breakfast in the classroom, grab and go breakfast, or a breakfast after first period. The breakfast shall be served at a time to be determined by the public school or school district, so long as it occurs after the first bell. A school that has seventy percent or more students receiving free or reduced lunch under the school lunch program and that can demonstrate that at least ninety percent of its students take bus transportation to school may opt to offer its breakfast program on the bus rather than on school grounds. Such a school is required to offer breakfast after the bell to any student who arrives late or arrives by another mode of transportation.

(d) Small rural school districts, as defined by the department, that have a student population of fewer than one thousand are exempt from the program but may participate if otherwise eligible.

(4) In the event that federal per-meal reimbursements for free or reduced school breakfasts are decreased below the 2013 levels or eliminated by congress under the "Child Nutrition Act", 42 U.S.C. 1773(b) or the school lunch program, schools that are otherwise required to offer breakfast pursuant to this section are exempt from the program.

(5) A school that has seventy percent or more students receiving free or reduced lunch under the school lunch program and that has a state-licensed before-school care program may opt to offer its breakfast program during the before-school care program to those students enrolled in such program rather than after the bell. The school must offer breakfast after the bell to any student who does not participate in the before-school care program.

(6) All breakfasts served in a program required by this article must comply with federal meal patterns and nutrition standards for school breakfast programs that are set forth in the federal "Healthy, Hunger-Free Kids Act of 2010", Pub.L. 111-296, and any regulations or rules interpreting that act.

Source: L. 2013: Entire article added, (HB 13-1006), ch. 223, p. 1045, § 1, effective August 7.