Colorado § 22-82.9-204 - Healthy school meals for all program - created - advisory group - report - rules - definition.

§ 22-82.9-204. Healthy school meals for all program - created - advisory group - report - rules - definition.

(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:

(I) Offers eligible meals, without charge, to all students enrolled in the public schools that are served by the participating school food authority, participate in the national school lunch program or national school breakfast program, and for which the department may reimburse the participating school food authority pursuant to subsection (1)(b) or (1)(b.3) of this section;

(II) Receives reimbursement for the meals as described in this subsection (1);

(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) (I) For eligible meals served before January 1, 2026, 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.

(II) (A) Notwithstanding any law to the contrary, if a referred measure that would, in combination with section 39-22-104 (3)(p.5), result in the collection of at least one hundred fifty million dollars for the income tax year commencing on January 1, 2026, in connection with the healthy school meals for all program, as estimated in the fiscal impact statement prepared pursuant to section 1-40-124.5 for that referred measure, is approved by the voters voting on the referred measure at the statewide election held on November 4, 2025, for eligible meals served on or after January 1, 2026, 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.

(B) If a referred measure that would, in combination with section 39-22-104 (3)(p.5), result in the collection of at least one hundred fifty million dollars for the income tax year commencing on January 1, 2026, in connection with the healthy school meals for all program, as estimated in the fiscal impact statement prepared pursuant to section 1-40-124.5 for that referred measure, is not approved by the voters voting on the referred measure at the statewide election held on November 4, 2025, this subsection (1)(b)(II) is repealed, effective July 1, 2026.

(b.3) Repealed.

(b.5) (I) If the department, in consultation with the office of state planning and budgeting, estimates, for any budget year, that the amount that the general assembly appropriated for the purpose of providing reimbursements to a participating school food authority for offering eligible meals without charge pursuant to this subsection (1) after January 1, 2026, will be less than the costs of the department providing those reimbursements, the department shall provide notice of this estimation to the joint budget committee of the general assembly and the executive committee of the legislative council of the general assembly, and the department may determine a prorated, reduced reimbursement amount for the reimbursements that the department provides pursuant to subsection (1)(b) or (1)(b.3) of this section as applicable for the remainder of that budget year.

(II) Before providing the prorated, reduced reimbursement amounts described in subsections (1)(b.5)(I) of this section, the department shall provide timely written notice to each participating school food authority.

(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 provisional programming if deemed necessary by the department.

(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.

(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.

(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) Repealed.

Source: Referred 2022: Entire part added, Proposition FF, L. 2022, (HB 22-1414), ch. 509, p. 4280, § 1, effective upon proclamation of the Governor, December 27, 2022. L. 2024: (2), (3), and (4)(b) amended and (6) and (7) added, (HB 24-1390), ch. 133, p. 479, § 3, effective April 29. L. 2025: (1)(a)(I), (1)(a)(II), (1)(b), and (2) amended and (1)(b.3) and (1)(b.5) added, (SB 25-214), ch. 372, p. 2004, § 2, effective June 3; (7)(a)(IV) amended, (HB 25-1274), ch. 402, p. 2283, § 5, effective (see editor's note).

Editor's note: (1) HB 25-1274 amended subsection (7)(a)(IV), effective only if the ballot issue described in § 22-82.9-213 is approved by the people at the next statewide election, but those amendments did not take effect due to the repeal of subsection (7), effective July 1, 2025.

(2) Subsection (7)(f) provided for the repeal of subsection (7), effective July 1, 2025. (See L. 2024, p. 479.)

(3) (a) Subsection (1)(b.3)(IV) provided for the repeal of subsection (1)(b.3), effective July 1, 2026, if a referred measure that would, in combination with section 39-22-104 (3)(p.5), result in the collection of at least one hundred fifty million dollars for the income tax year commencing on January 1, 2026, in connection with the healthy school meals for all program, as estimated in the fiscal impact statement prepared pursuant to section 1-40-124.5 for that referred measure, is approved by the voters voting on the referred measure at the statewide election held on November 4, 2025.

(b) The ballot issues referred to in this section were referred to the registered electors as Proposition MM and Proposition LL on November 4, 2025, and were approved by the voters, see L. 2026, pp. 3649, 3650. Proposition MM was proclaimed by the Governor on December 9, 2025, with the following vote count:

FOR: 1,010,644

AGAINST: 681,400

Proposition LL was proclaimed by the Governor on December 9, 2025, with the following vote count:

FOR: 1,116,209

AGAINST: 569,836

Cross references: For the legislative declaration in SB 25-214, see section 1 of chapter 372, Session Laws of Colorado 2025. For the legislative declaration in HB 25-1274, see section 1 of chapter 402, Session Laws of Colorado 2025.