2015 Indiana Code TITLE 20. EDUCATION ARTICLE 26. SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 9. SCHOOL BREAKFAST AND LUNCH PROGRAMS
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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. 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;
P.L.233-2015, SEC.133.
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
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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
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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, audits, and administrative
reviews
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
completed applications, 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.
(3) Ensure that participants meet all requirements to participate
in the school lunch program.
As added by P.L.1-2005, SEC.10. Amended by P.L.197-2013,
SEC.15.
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;
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appropriations; state aid contingent on federal aid
Sec. 12. (a) School cities, 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; P.L.233-2015, SEC.134.
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.
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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 may 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 governing body for approval changes to the policies that comply
with the requirements of federal Public Law 111-296 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 governing body may 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) In adopting a school corporation policy on child nutrition and
physical activity policy under federal Public Law 111-296, the
governing body may take into consideration recommendations made
by the advisory council.
(d) The department shall, in consultation with the state department
of health, provide technical assistance to schools, including providing
information on health, nutrition, and physical activity, through
educational materials and professional development opportunities.
As added by P.L.54-2006, SEC.2. Amended by P.L.233-2015,
SEC.135.
IC 20-26-9-18.5
Food and beverage nutritional requirements
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Sec. 18.5. All food and beverages, other than meals reimbursed
under programs authorized by the Richard B. Russell National School
Lunch Act and the Child Nutritional Act of 1966 (42 U.S.C. 1751 et
seq.) that are available for sale to students at school during the school
day must meet or exceed the nutrition requirements prescribed for
such food and beverages by the United States Secretary of
Agriculture under 7 CFR 210.11.
As added by P.L.233-2015, SEC.136.
IC 20-26-9-19
Repealed
(As added by P.L.54-2006, SEC.3. Repealed by P.L.233-2015,
SEC.137.)
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