Colorado Code § 22-54-123.5

School breakfast program - appropriation - low-performing schools - definition
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(1) (a) For the 2002-03 budget year and each budget year thereafter, the general
assembly may appropriate by separate line item an amount to assist school food authorities that
are providing a school breakfast program through participation in programs authorized under the
federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or the
federal "Child Nutrition Act of 1966", 42 U.S.C. sec. 1771 et seq. The department of education
shall develop procedures to appropriately allocate and disburse the funds among participating
school food authorities.
(b) Each school district that receives moneys pursuant to this section shall use such
moneys to create, expand, or enhance the school breakfast program in each low-performing
school of the receiving district with the goal of improving the academic performance of the
students attending such schools.
(c) A district charter school, an institute charter school, or a charter school collaborative
that is a school food authority shall only be eligible to receive moneys pursuant to this section if
it is a low-performing school. A district charter school or an institute charter school that is a
school food authority that receives moneys pursuant to this section shall use such moneys to
create, expand, or enhance its school breakfast program with the goal of improving the academic
performance of the students attending the district charter school or the institute charter school.
(d) (Deleted by amendment, L. 2010, (HB 10-1422), ch. 419, p. 2078, § 47, effective
August 11, 2010.)
(2) As used in this section:
(a) "Low-performing school" means a school that is required to implement a priority
improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is
subject to restructuring pursuant to section 22-11-210.
(b) "School food authority" means:
(I) A school district or the state charter school institute;
(I.2) The Colorado school for the deaf and the blind authorized pursuant to section 22-
80-102;
(I.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(I.4) An approved facility school or facility, as defined in section 22-2-402;
(I.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
(II) A district charter school or an institute charter school that:
(A) The commissioner of education or his or her designee provisionally authorizes as a
school food authority pursuant to section 22-32-120 (6); or
(B) The department of education authorizes as a school food authority pursuant to
section 22-32-120 (5).

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