CHAPTER 9. SCHOOL BREAKFAST AND LUNCH PROGRAMS
IC 20-26-9
Chapter 9. School Breakfast and Lunch Programs
IC 20-26-9-1
"Participating school corporation"
Sec. 1. As used in this chapter, "participating school corporation"refers to a school corporation that includes at least one (1) qualifyingschool building.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-2
"Qualifying school building"
Sec. 2. (a) This subsection applies before July 1, 2007. As used inthis chapter, "qualifying school building" refers to a public schoolbuilding in which:
(1) at least twenty-five percent (25%) of the students who wereenrolled at that school building during the prior school yearqualified for free or reduced price lunches under guidelinesestablished under 42 U.S.C. 1758(b); and
(2) lunches are served to students.
(b) This subsection applies after June 30, 2007. As used in thischapter, "qualifying school building" refers to a public schoolbuilding in which:
(1) at least fifteen percent (15%) of the students who wereenrolled at that school building during the prior school yearqualified for free or reduced price lunches under guidelinesestablished under 42 U.S.C. 1758(b); and
(2) lunches are served to students.
As added by P.L.1-2005, SEC.10. Amended by P.L.54-2006, SEC.1.
IC 20-26-9-3
"School"
Sec. 3. As used in this chapter, "school" means the following:
(1) An Indiana public school in which any grade fromkindergarten through grade 12 is taught.
(2) A nonpublic school in which any grade from kindergartenthrough grade 12 is taught that is not operated for profit inwhole or in part.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-4
"School board"
Sec. 4. As used in this chapter, "school board" means:
(1) when applicable to a public school of Indiana, the board ofschool trustees, board of school commissioners, school board ofincorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, aperson or agency in active charge and management of theschool.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-5
"School breakfast program"
Sec. 5. As used in this chapter, "school breakfast program" refersto a program under which breakfast is served at a qualifying schoolbuilding on a nonprofit basis to students enrolled at the qualifyingschool building.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-6
"School lunch program"
Sec. 6. As used in this chapter, "school lunch program" means aprogram under which lunches are served by a school in Indiana on anonprofit basis to children in attendance, including any programunder which a school receives assistance out of funds appropriatedby the Congress of the United States.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-7
Authority of state superintendent to accept and disburse federalaid for school lunch programs
Sec. 7. (a) The state superintendent may accept and direct thedisbursement of funds appropriated by any act of the United StatesCongress and apportioned to the state for use in connection withschool lunch programs.
(b) The state superintendent shall deposit all funds received fromthe federal government with the treasurer of state in a special accountor accounts to facilitate the administration of the program. Thetreasurer of state shall make disbursements from the account oraccounts upon direction of the state superintendent.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-8
Establishment and operation of school lunch programs
Sec. 8. (a) The state superintendent may enter into agreementswith a school board or with any other agency or person, prescriberegulations, employ personnel, and take any action that the statesuperintendent may consider necessary to provide for theestablishment, maintenance, operation, and expansion of a schoollunch program and to direct the disbursement of federal and statefunds under any federal or state law.
(b) The state superintendent may give technical advice andassistance to a school corporation in connection with theestablishment and operation of a school lunch program and mayassist in training personnel engaged in the operation of the program.The state superintendent and any school corporation or sponsoringagency may accept any gift for use in connection with a school lunchprogram.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-9 Sponsoring agencies for school lunch program; appointment
Sec. 9. A governing body may:
(1) operate or, by the appointment of a sponsoring agency,provide for the operation of school lunch programs in schoolsunder the governing body's jurisdiction;
(2) contract with respect to food, services, supplies, equipment,and facilities for the operation of the programs; and
(3) use funds disbursed under this chapter and gifts and otherfunds received from the sale of school lunches under theprograms.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-10
Accounts and records; inspection
Sec. 10. (a) The state superintendent shall prescribe rules forkeeping accounts and records and making reports by or under thesupervision of a governing body.
(b) The accounts and records shall:
(1) be available for inspection and audit at all times byauthorized officials; and
(2) be preserved for at least five (5) years, as the statesuperintendent may prescribe.
(c) The state superintendent shall conduct or cause to beconducted any audits, inspections, and administrative reviews of acts,records, and operations of a school lunch program necessary to dothe following:
(1) Determine whether agreements with the governing body andrules under this chapter are being complied with.
(2) Ensure that a school lunch program is effectivelyadministered.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-11
Studies to improve school lunch programs and promote nutritionaleducation
Sec. 11. The state superintendent may, to the extent that funds areavailable and in cooperation with other appropriate agencies andorganizations, do the following:
(1) Conduct studies of methods of improving and expendingschool lunch programs and promoting nutritional education inthe schools.
(2) Conduct appraisals of the nutritive benefits of school lunchprograms.
(3) Report the findings and recommendations periodically to thegovernor.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-12
Authority to operate school kitchens and lunchrooms;appropriations; state aid contingent on federal aid Sec. 12. (a) School cities, school townships, school towns, andjoint districts may:
(1) establish, equip, operate, and maintain school kitchens andschool lunchrooms for the improvement of the health ofstudents and for the advancement of the educational work oftheir respective schools;
(2) employ all necessary directors, assistants, and agents; and
(3) appropriate funds for the school lunch program.
Participation in a school lunch program under this chapter isdiscretionary with the governing board of a school corporation.
(b) If federal funds are not available to operate a school lunchprogram:
(1) the state may not participate in a school lunch program; and
(2) money appropriated by the state for that purpose and notexpended shall immediately revert to the state general fund.
(c) Failure on the part of the state to participate in the schoollunch program does not invalidate any appropriation made or schoollunch program carried on by a school corporation by means of giftsor money appropriated from state tuition support distributionsreceived by the school corporation.
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,SEC.468.
IC 20-26-9-13
Implementation of school breakfast program
Sec. 13. The governing body of a participating school corporationshall implement or contract for the implementation of a schoolbreakfast program at each qualifying school building within theschool corporation's boundaries.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-14
Compliance with national school breakfast program participationrequirements
Sec. 14. A governing body shall implement the governing body'sbreakfast program in compliance with the requirements forparticipation in the national school breakfast program under 42U.S.C. 1773 et seq.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-15
Assistance of department
Sec. 15. The department shall assist each participating schoolcorporation in implementing the school's breakfast program and inmaking all appropriate applications to the federal government foravailable financial assistance on behalf of the participating schoolcorporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-16 Department to monitor programs and maintain records
Sec. 16. The department shall monitor the school breakfastprograms required under this chapter and maintain complete andaccurate records of the programs.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-17
Department to establish guidelines
Sec. 17. (a) The department shall establish guidelines toimplement this chapter.
(b) The state board may adopt rules under IC 4-22-2 to implementthis chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-9-18
School health advisory councils
Sec. 18. (a) Before July 1, 2007, each school board shall establisha coordinated school health advisory council (referred to as the"advisory council" in this section). The advisory council may reviewthe corporation's wellness policies on a yearly basis and suggest tothe school board for approval changes to the policies that complywith the requirements of federal Public Law 108-265 andIC 5-22-15-24(c) before July 1 of each year. The advisory councilmust hold at least one (1) hearing at which public testimony aboutthe local wellness policy being developed is allowed.
(b) The school board shall appoint the members of the advisorycouncil, which must include the following:
(1) Parents.
(2) Food service directors and staff.
(3) Students.
(4) Nutritionists or certified dietitians.
(5) Health care professionals.
(6) School board members.
(7) A school administrator.
(8) Representatives of interested community organizations.
(c) The school board shall adopt a school district policy on childnutrition and physical activity that takes into considerationrecommendations made by the advisory council.
(d) The department shall, in consultation with the state departmentof health, provide technical assistance to the advisory councils,including providing information on health, nutrition, and physicalactivity, through educational materials and professional developmentopportunities. The department shall provide the information given toan advisory council under this subsection to a school or parent uponrequest.
As added by P.L.54-2006, SEC.2.
IC 20-26-9-19
Food and beverage items sold to students; nutritional values
Sec. 19. (a) This section does not apply to a food or beverage item
that is:
(1) part of a school lunch program or school breakfast program;
(2) sold in an area that is not accessible to students;
(3) sold after normal school hours; or
(4) sold or distributed as part of a fundraiser conducted bystudents, teachers, school groups, or parent groups, if the foodor beverage is not intended for student consumption during theschool day.
However, this section applies to a food or beverage item that is soldin the a la carte line of a school cafeteria and is not part of the federalschool lunch program or federal school breakfast program.
(b) A vending machine at an elementary school that dispensesfood or beverage items may not be accessible to students.
(c) At least fifty percent (50%) of the food items available for saleat a school or on school grounds must qualify as better choice foodsand at least fifty percent (50%) of the beverage items available forsale at a school or on school grounds must qualify as better choicebeverages. Food and beverage items are subject to the following forpurposes of this subsection:
(1) The following do not qualify as better choice beverages:
(A) Soft drinks, punch, iced tea, and coffee.
(B) Fruit or vegetable based drinks that contain less thanfifty percent (50%) real fruit or vegetable juice or thatcontain additional caloric sweeteners.
(C) Except for low fat and fat free chocolate milk, drinksthat contain caffeine.
(2) The following qualify as better choice beverages:
(A) Fruit or vegetable based drinks that:
(i) contain at least fifty percent (50%) real fruit orvegetable juice; and
(ii) do not contain additional caloric sweeteners.
(B) Water and seltzer water that do not contain additionalcaloric sweeteners.
(C) Low fat and fat free milk, including chocolate milk, soymilk, rice milk, and other similar dairy and nondairy calciumfortified milks.
(D) Isotonic beverages.
(3) Food items that meet all the following standards areconsidered better choice foods:
(A) Not more than thirty percent (30%) of their total caloriesare from fat.
(B) Not more than ten percent (10%) of their total caloriesare from saturated and trans fat.
(C) Not more than thirty-five percent (35%) of their weightis from sugars that do not occur naturally in fruits,vegetables, or dairy products.
(d) A food item available for sale at a school or on school groundsmay not exceed the following portion limits if the food item containsmore than two hundred ten (210) calories:
(1) In the case of potato chips, crackers, popcorn, cereal, trail
mixes, nuts, seeds, dried fruit, and jerky, one and seventy-fivehundredths (1.75) ounces.
(2) In the case of cookies and cereal bars, two (2) ounces.
(3) In the case of bakery items, including pastries, muffins, anddonuts, three (3) ounces.
(4) In the case of frozen desserts, including ice cream, three (3)fluid ounces.
(5) In the case of nonfrozen yogurt, eight (8) ounces.
(6) In the case of entree items and side dish items, includingfrench fries and onion rings, the food item available for salemay not exceed the portion of the same entree item or side dishitem that is served as part of the school lunch program or schoolbreakfast program.
(e) A beverage item available for sale at a school or on schoolgrounds may not exceed twenty (20) ounces.
As added by P.L.54-2006, SEC.3.