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Less than three years after Colorado voters approved a ballot measure to provide all students with free school meals, state lawmakers are considering asking voters for more money to keep the popular program afloat.
A bill introduced this week in the state legislature proposes putting two measures on the ballot in November that would allow the state to collect and keep more tax revenue to cover a funding shortfall for the meals program.
Colorado voters in 2022 supported a move to make breakfast and lunch free for all students regardless of family income. The program was funded by lowering a tax credit for taxpayers making more than $300,000 a year, which has meant they pay more in taxes.
But that funding hasn’t been enough. More children have been eating school meals than budget analysts expected — and more students than expected don’t qualify for federal subsidies.
In the first year the program kicked in, it fell short by $56 million. Lawmakers covered the gap. This year, the program is expected to fall short again — by $27 million, according to figures from a year ago.
The solution proposed in House Bill 1274, introduced this week, would ask voters in November’s election two questions.
First, voters would be asked to approve letting the state keep the more than $26 million that the program has collected over what it expected — instead of having to issue that money back in refunds to those taxpayers who make more than $300,000.
Because of Colorado’s TABOR amendment, the state is not allowed to keep revenue that exceeds what they tell voters will be collected without explicitly asking for permission. Without that permission, the state has to return money it already collected.
Second, voters would be asked to lower the deductions that taxpayers earning more than $300,000 or more can get to $1,000, so that the state can collect more money. The bill estimates this would generate an additional $95 million each year for the school meals program.
In December, a group tasked with coming up with possible solutions to the funding shortfall presented 27 options. But about a third of those options would limit which students get the free meals, something key lawmakers have said they don’t want to do.
Two lawmakers sponsored the bill: Rep. Lorena García and Sen. Dafna Michaelson Jenet, both Democrats from districts covering parts of Adams county. A spokesperson for Hunger Free Colorado, a nonprofit that advocated for the original program, said leaders with the group have been involved in helping draft the bill.
According to the bill text, the free school meals are “reducing stigma, improving student physical and mental health and well-being, boosting academic success, and saving families money.”
The way the state’s free school meals program was set up, school districts had to choose, or opt-in, to participate and receive state funds. All school districts have been participating. Statewide, student participation in school meals went up about 30% after all students could get free meals.
When the program was initially proposed, advocates said that many Colorado families who didn’t qualify for free- or reduced-price meals based on the federal guidelines were still struggling financially because of the state’s high cost of living.
And although school meals are now free for any student, schools still ask families to fill out federal eligibility forms. The forms help track the levels of poverty among students, but the state also uses them to receive federal reimbursements for students who qualify for one, before then covering the rest of the cost of the meals.
School districts report that although it takes effort from school leaders to remind parents to fill out the forms, the number of parents filling out forms has not dropped. Statewide this year, 44.9% of students qualified for subsidized meals, down from 45.8% last year.
In the current school year, a family of four would need to make less than $40,560 a year for the children to qualify for free meals, by federal standards.
Yesenia Robles is a reporter for Chalkbeat Colorado covering K-12 school districts and multilingual education. Contact Yesenia at yrobles@chalkbeat.org.