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) qualifying
school 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 in
this chapter, "qualifying school building" refers to a public school
building in which:
(1) at least twenty-five percent (25%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 this
chapter, "qualifying school building" refers to a public school
building in which:
(1) at least fifteen percent (15%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 from
kindergarten through grade 12 is taught.
(2) A nonpublic school in which any grade from kindergarten
through grade 12 is taught that is not operated for profit in
whole 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 of
school trustees, board of school commissioners, school board of
incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a
person or agency in active charge and management of the
school. 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" refers
to a program under which breakfast is served at a qualifying school
building on a nonprofit basis to students enrolled at the qualifying
school 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 a
program under which lunches are served by a school in Indiana on a
nonprofit basis to children in attendance, including any program
under which a school receives assistance out of funds appropriated
by 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 federal
aid for school lunch programs
Sec. 7. (a) The state superintendent may accept and direct the
disbursement of funds appropriated by any act of the United States
Congress and apportioned to the state for use in connection with
school lunch programs.
(b) The state superintendent shall deposit all funds received from
the federal government with the treasurer of state in a special account
or accounts to facilitate the administration of the program. The
treasurer of state shall make disbursements from the account or
accounts 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 agreements
with a school board or with any other agency or person, prescribe
regulations, employ personnel, and take any action that the state
superintendent may consider necessary to provide for the
establishment, maintenance, operation, and expansion of a school
lunch program and to direct the disbursement of federal and state
funds under any federal or state law.
(b) The state superintendent may give technical advice and
assistance to a school corporation in connection with the
establishment and operation of a school lunch program and may
assist in training personnel engaged in the operation of the program.
The state superintendent and any school corporation or sponsoring
agency may accept any gift for use in connection with a school lunch
program. 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 schools
under 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 other
funds received from the sale of school lunches under the
programs. 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 for
keeping accounts and records and making reports by or under the
supervision of a governing body.
(b) The accounts and records shall:
(1) be available for inspection and audit at all times by
authorized officials; and
(2) be preserved for at least five (5) years, as the state
superintendent may prescribe.
(c) The state superintendent shall conduct or cause to be
conducted any audits, inspections, and administrative reviews of acts,
records, and operations of a school lunch program necessary to do
the following:
(1) Determine whether agreements with the governing body and
rules under this chapter are being complied with.
(2) Ensure that a school lunch program is effectively
administered. As added by P.L.1-2005, SEC.10.
IC 20-26-9-11 Studies to improve school lunch programs and promote nutritional
education
Sec. 11. The state superintendent may, to the extent that funds are
available and in cooperation with other appropriate agencies and
organizations, do the following:
(1) Conduct studies of methods of improving and expending
school lunch programs and promoting nutritional education in
the schools.
(2) Conduct appraisals of the nutritive benefits of school lunch
programs.
(3) Report the findings and recommendations periodically to the
governor. 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, and
joint districts may:
(1) establish, equip, operate, and maintain school kitchens and
school lunchrooms for the improvement of the health of
students and for the advancement of the educational work of
their 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 is
discretionary with the governing board of a school corporation.
(b) If federal funds are not available to operate a school lunch
program:
(1) the state may not participate in a school lunch program; and
(2) money appropriated by the state for that purpose and not
expended shall immediately revert to the state general fund.
(c) Failure on the part of the state to participate in the school
lunch program does not invalidate any appropriation made or school
lunch program carried on by a school corporation by means of gifts
or money appropriated from state tuition support distributions
received 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 corporation
shall implement or contract for the implementation of a school
breakfast program at each qualifying school building within the
school corporation's boundaries. As added by P.L.1-2005, SEC.10.
IC 20-26-9-14 Compliance with national school breakfast program participation
requirements
Sec. 14. A governing body shall implement the governing body's
breakfast program in compliance with the requirements for
participation in the national school breakfast program under 42
U.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 school
corporation in implementing the school's breakfast program and in
making all appropriate applications to the federal government for
available financial assistance on behalf of the participating school
corporation. 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 breakfast
programs required under this chapter and maintain complete and
accurate 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 to
implement this chapter.
(b) The state board may adopt rules under IC 4-22-2 to implement
this 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 establish
a coordinated school health advisory council (referred to as the
"advisory council" in this section). The advisory council may review
the corporation's wellness policies on a yearly basis and suggest to
the school board for approval changes to the policies that comply
with the requirements of federal Public Law 108-265 and
IC 5-22-15-24(c) before July 1 of each year. The advisory council
must hold at least one (1) hearing at which public testimony about
the local wellness policy being developed is allowed.
(b) The school board shall appoint the members of the advisory
council, 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 child
nutrition and physical activity that takes into consideration
recommendations made by the advisory council.
(d) The department shall, in consultation with the state department
of health, provide technical assistance to the advisory councils,
including providing information on health, nutrition, and physical
activity, through educational materials and professional development
opportunities. The department shall provide the information given to
an advisory council under this subsection to a school or parent upon
request. 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 by
students, teachers, school groups, or parent groups, if the food
or beverage is not intended for student consumption during the
school day.
However, this section applies to a food or beverage item that is sold
in the a la carte line of a school cafeteria and is not part of the federal
school lunch program or federal school breakfast program.
(b) A vending machine at an elementary school that dispenses
food or beverage items may not be accessible to students.
(c) At least fifty percent (50%) of the food items available for sale
at a school or on school grounds must qualify as better choice foods
and at least fifty percent (50%) of the beverage items available for
sale at a school or on school grounds must qualify as better choice
beverages. Food and beverage items are subject to the following for
purposes 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 than
fifty percent (50%) real fruit or vegetable juice or that
contain additional caloric sweeteners.
(C) Except for low fat and fat free chocolate milk, drinks
that 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 or
vegetable juice; and
(ii) do not contain additional caloric sweeteners.
(B) Water and seltzer water that do not contain additional
caloric sweeteners.
(C) Low fat and fat free milk, including chocolate milk, soy
milk, rice milk, and other similar dairy and nondairy calcium
fortified milks.
(D) Isotonic beverages.
(3) Food items that meet all the following standards are
considered better choice foods:
(A) Not more than thirty percent (30%) of their total calories
are from fat.
(B) Not more than ten percent (10%) of their total calories
are from saturated and trans fat.
(C) Not more than thirty-five percent (35%) of their weight
is 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 grounds
may not exceed the following portion limits if the food item contains
more 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-five
hundredths (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, and
donuts, 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, including
french fries and onion rings, the food item available for sale
may not exceed the portion of the same entree item or side dish
item that is served as part of the school lunch program or school
breakfast program.
(e) A beverage item available for sale at a school or on school
grounds may not exceed twenty (20) ounces. As added by P.L.54-2006, SEC.3.
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) qualifying
school 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 in
this chapter, "qualifying school building" refers to a public school
building in which:
(1) at least twenty-five percent (25%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 this
chapter, "qualifying school building" refers to a public school
building in which:
(1) at least fifteen percent (15%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 from
kindergarten through grade 12 is taught.
(2) A nonpublic school in which any grade from kindergarten
through grade 12 is taught that is not operated for profit in
whole 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 of
school trustees, board of school commissioners, school board of
incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a
person or agency in active charge and management of the
school. 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" refers
to a program under which breakfast is served at a qualifying school
building on a nonprofit basis to students enrolled at the qualifying
school 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 a
program under which lunches are served by a school in Indiana on a
nonprofit basis to children in attendance, including any program
under which a school receives assistance out of funds appropriated
by 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 federal
aid for school lunch programs
Sec. 7. (a) The state superintendent may accept and direct the
disbursement of funds appropriated by any act of the United States
Congress and apportioned to the state for use in connection with
school lunch programs.
(b) The state superintendent shall deposit all funds received from
the federal government with the treasurer of state in a special account
or accounts to facilitate the administration of the program. The
treasurer of state shall make disbursements from the account or
accounts 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 agreements
with a school board or with any other agency or person, prescribe
regulations, employ personnel, and take any action that the state
superintendent may consider necessary to provide for the
establishment, maintenance, operation, and expansion of a school
lunch program and to direct the disbursement of federal and state
funds under any federal or state law.
(b) The state superintendent may give technical advice and
assistance to a school corporation in connection with the
establishment and operation of a school lunch program and may
assist in training personnel engaged in the operation of the program.
The state superintendent and any school corporation or sponsoring
agency may accept any gift for use in connection with a school lunch
program. 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 schools
under 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 other
funds received from the sale of school lunches under the
programs. 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 for
keeping accounts and records and making reports by or under the
supervision of a governing body.
(b) The accounts and records shall:
(1) be available for inspection and audit at all times by
authorized officials; and
(2) be preserved for at least five (5) years, as the state
superintendent may prescribe.
(c) The state superintendent shall conduct or cause to be
conducted any audits, inspections, and administrative reviews of acts,
records, and operations of a school lunch program necessary to do
the following:
(1) Determine whether agreements with the governing body and
rules under this chapter are being complied with.
(2) Ensure that a school lunch program is effectively
administered. As added by P.L.1-2005, SEC.10.
IC 20-26-9-11 Studies to improve school lunch programs and promote nutritional
education
Sec. 11. The state superintendent may, to the extent that funds are
available and in cooperation with other appropriate agencies and
organizations, do the following:
(1) Conduct studies of methods of improving and expending
school lunch programs and promoting nutritional education in
the schools.
(2) Conduct appraisals of the nutritive benefits of school lunch
programs.
(3) Report the findings and recommendations periodically to the
governor. 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, and
joint districts may:
(1) establish, equip, operate, and maintain school kitchens and
school lunchrooms for the improvement of the health of
students and for the advancement of the educational work of
their 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 is
discretionary with the governing board of a school corporation.
(b) If federal funds are not available to operate a school lunch
program:
(1) the state may not participate in a school lunch program; and
(2) money appropriated by the state for that purpose and not
expended shall immediately revert to the state general fund.
(c) Failure on the part of the state to participate in the school
lunch program does not invalidate any appropriation made or school
lunch program carried on by a school corporation by means of gifts
or money appropriated from state tuition support distributions
received 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 corporation
shall implement or contract for the implementation of a school
breakfast program at each qualifying school building within the
school corporation's boundaries. As added by P.L.1-2005, SEC.10.
IC 20-26-9-14 Compliance with national school breakfast program participation
requirements
Sec. 14. A governing body shall implement the governing body's
breakfast program in compliance with the requirements for
participation in the national school breakfast program under 42
U.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 school
corporation in implementing the school's breakfast program and in
making all appropriate applications to the federal government for
available financial assistance on behalf of the participating school
corporation. 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 breakfast
programs required under this chapter and maintain complete and
accurate 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 to
implement this chapter.
(b) The state board may adopt rules under IC 4-22-2 to implement
this 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 establish
a coordinated school health advisory council (referred to as the
"advisory council" in this section). The advisory council may review
the corporation's wellness policies on a yearly basis and suggest to
the school board for approval changes to the policies that comply
with the requirements of federal Public Law 108-265 and
IC 5-22-15-24(c) before July 1 of each year. The advisory council
must hold at least one (1) hearing at which public testimony about
the local wellness policy being developed is allowed.
(b) The school board shall appoint the members of the advisory
council, 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 child
nutrition and physical activity that takes into consideration
recommendations made by the advisory council.
(d) The department shall, in consultation with the state department
of health, provide technical assistance to the advisory councils,
including providing information on health, nutrition, and physical
activity, through educational materials and professional development
opportunities. The department shall provide the information given to
an advisory council under this subsection to a school or parent upon
request. 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 by
students, teachers, school groups, or parent groups, if the food
or beverage is not intended for student consumption during the
school day.
However, this section applies to a food or beverage item that is sold
in the a la carte line of a school cafeteria and is not part of the federal
school lunch program or federal school breakfast program.
(b) A vending machine at an elementary school that dispenses
food or beverage items may not be accessible to students.
(c) At least fifty percent (50%) of the food items available for sale
at a school or on school grounds must qualify as better choice foods
and at least fifty percent (50%) of the beverage items available for
sale at a school or on school grounds must qualify as better choice
beverages. Food and beverage items are subject to the following for
purposes 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 than
fifty percent (50%) real fruit or vegetable juice or that
contain additional caloric sweeteners.
(C) Except for low fat and fat free chocolate milk, drinks
that 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 or
vegetable juice; and
(ii) do not contain additional caloric sweeteners.
(B) Water and seltzer water that do not contain additional
caloric sweeteners.
(C) Low fat and fat free milk, including chocolate milk, soy
milk, rice milk, and other similar dairy and nondairy calcium
fortified milks.
(D) Isotonic beverages.
(3) Food items that meet all the following standards are
considered better choice foods:
(A) Not more than thirty percent (30%) of their total calories
are from fat.
(B) Not more than ten percent (10%) of their total calories
are from saturated and trans fat.
(C) Not more than thirty-five percent (35%) of their weight
is 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 grounds
may not exceed the following portion limits if the food item contains
more 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-five
hundredths (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, and
donuts, 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, including
french fries and onion rings, the food item available for sale
may not exceed the portion of the same entree item or side dish
item that is served as part of the school lunch program or school
breakfast program.
(e) A beverage item available for sale at a school or on school
grounds may not exceed twenty (20) ounces. As added by P.L.54-2006, SEC.3.
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) qualifying
school 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 in
this chapter, "qualifying school building" refers to a public school
building in which:
(1) at least twenty-five percent (25%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 this
chapter, "qualifying school building" refers to a public school
building in which:
(1) at least fifteen percent (15%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established 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 from
kindergarten through grade 12 is taught.
(2) A nonpublic school in which any grade from kindergarten
through grade 12 is taught that is not operated for profit in
whole 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 of
school trustees, board of school commissioners, school board of
incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a
person or agency in active charge and management of the
school. 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" refers
to a program under which breakfast is served at a qualifying school
building on a nonprofit basis to students enrolled at the qualifying
school 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 a
program under which lunches are served by a school in Indiana on a
nonprofit basis to children in attendance, including any program
under which a school receives assistance out of funds appropriated
by 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 federal
aid for school lunch programs
Sec. 7. (a) The state superintendent may accept and direct the
disbursement of funds appropriated by any act of the United States
Congress and apportioned to the state for use in connection with
school lunch programs.
(b) The state superintendent shall deposit all funds received from
the federal government with the treasurer of state in a special account
or accounts to facilitate the administration of the program. The
treasurer of state shall make disbursements from the account or
accounts 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 agreements
with a school board or with any other agency or person, prescribe
regulations, employ personnel, and take any action that the state
superintendent may consider necessary to provide for the
establishment, maintenance, operation, and expansion of a school
lunch program and to direct the disbursement of federal and state
funds under any federal or state law.
(b) The state superintendent may give technical advice and
assistance to a school corporation in connection with the
establishment and operation of a school lunch program and may
assist in training personnel engaged in the operation of the program.
The state superintendent and any school corporation or sponsoring
agency may accept any gift for use in connection with a school lunch
program. 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 schools
under 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 other
funds received from the sale of school lunches under the
programs. 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 for
keeping accounts and records and making reports by or under the
supervision of a governing body.
(b) The accounts and records shall:
(1) be available for inspection and audit at all times by
authorized officials; and
(2) be preserved for at least five (5) years, as the state
superintendent may prescribe.
(c) The state superintendent shall conduct or cause to be
conducted any audits, inspections, and administrative reviews of acts,
records, and operations of a school lunch program necessary to do
the following:
(1) Determine whether agreements with the governing body and
rules under this chapter are being complied with.
(2) Ensure that a school lunch program is effectively
administered. As added by P.L.1-2005, SEC.10.
IC 20-26-9-11 Studies to improve school lunch programs and promote nutritional
education
Sec. 11. The state superintendent may, to the extent that funds are
available and in cooperation with other appropriate agencies and
organizations, do the following:
(1) Conduct studies of methods of improving and expending
school lunch programs and promoting nutritional education in
the schools.
(2) Conduct appraisals of the nutritive benefits of school lunch
programs.
(3) Report the findings and recommendations periodically to the
governor. 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, and
joint districts may:
(1) establish, equip, operate, and maintain school kitchens and
school lunchrooms for the improvement of the health of
students and for the advancement of the educational work of
their 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 is
discretionary with the governing board of a school corporation.
(b) If federal funds are not available to operate a school lunch
program:
(1) the state may not participate in a school lunch program; and
(2) money appropriated by the state for that purpose and not
expended shall immediately revert to the state general fund.
(c) Failure on the part of the state to participate in the school
lunch program does not invalidate any appropriation made or school
lunch program carried on by a school corporation by means of gifts
or money appropriated from state tuition support distributions
received 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 corporation
shall implement or contract for the implementation of a school
breakfast program at each qualifying school building within the
school corporation's boundaries. As added by P.L.1-2005, SEC.10.
IC 20-26-9-14 Compliance with national school breakfast program participation
requirements
Sec. 14. A governing body shall implement the governing body's
breakfast program in compliance with the requirements for
participation in the national school breakfast program under 42
U.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 school
corporation in implementing the school's breakfast program and in
making all appropriate applications to the federal government for
available financial assistance on behalf of the participating school
corporation. 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 breakfast
programs required under this chapter and maintain complete and
accurate 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 to
implement this chapter.
(b) The state board may adopt rules under IC 4-22-2 to implement
this 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 establish
a coordinated school health advisory council (referred to as the
"advisory council" in this section). The advisory council may review
the corporation's wellness policies on a yearly basis and suggest to
the school board for approval changes to the policies that comply
with the requirements of federal Public Law 108-265 and
IC 5-22-15-24(c) before July 1 of each year. The advisory council
must hold at least one (1) hearing at which public testimony about
the local wellness policy being developed is allowed.
(b) The school board shall appoint the members of the advisory
council, 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 child
nutrition and physical activity that takes into consideration
recommendations made by the advisory council.
(d) The department shall, in consultation with the state department
of health, provide technical assistance to the advisory councils,
including providing information on health, nutrition, and physical
activity, through educational materials and professional development
opportunities. The department shall provide the information given to
an advisory council under this subsection to a school or parent upon
request. 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 by
students, teachers, school groups, or parent groups, if the food
or beverage is not intended for student consumption during the
school day.
However, this section applies to a food or beverage item that is sold
in the a la carte line of a school cafeteria and is not part of the federal
school lunch program or federal school breakfast program.
(b) A vending machine at an elementary school that dispenses
food or beverage items may not be accessible to students.
(c) At least fifty percent (50%) of the food items available for sale
at a school or on school grounds must qualify as better choice foods
and at least fifty percent (50%) of the beverage items available for
sale at a school or on school grounds must qualify as better choice
beverages. Food and beverage items are subject to the following for
purposes 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 than
fifty percent (50%) real fruit or vegetable juice or that
contain additional caloric sweeteners.
(C) Except for low fat and fat free chocolate milk, drinks
that 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 or
vegetable juice; and
(ii) do not contain additional caloric sweeteners.
(B) Water and seltzer water that do not contain additional
caloric sweeteners.
(C) Low fat and fat free milk, including chocolate milk, soy
milk, rice milk, and other similar dairy and nondairy calcium
fortified milks.
(D) Isotonic beverages.
(3) Food items that meet all the following standards are
considered better choice foods:
(A) Not more than thirty percent (30%) of their total calories
are from fat.
(B) Not more than ten percent (10%) of their total calories
are from saturated and trans fat.
(C) Not more than thirty-five percent (35%) of their weight
is 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 grounds
may not exceed the following portion limits if the food item contains
more 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-five
hundredths (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, and
donuts, 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, including
french fries and onion rings, the food item available for sale
may not exceed the portion of the same entree item or side dish
item that is served as part of the school lunch program or school
breakfast program.
(e) A beverage item available for sale at a school or on school
grounds may not exceed twenty (20) ounces. As added by P.L.54-2006, SEC.3.
