Ind. Code ch. 20-26-9

Ind. Code ch. 20-26-9
in effect

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-1.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-2.] As added by P.L.1-2005, SEC.10. Amended by P.L.54-2006, SEC.1; P.L.233-2015, SEC.133.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(b).] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(a).] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-3.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(c).] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-9-7 Authority of secretary of education to accept and disburse federal funds for school lunch programs

Sec. 7. (a) The secretary of education 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 secretary of education 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 secretary of education. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-2.] As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.71.

Ind. Code § 20-26-9-8 Establishment and operation of school lunch programs

Sec. 8. (a) The secretary of education 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 secretary of education 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 secretary of education 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 secretary of education and any school corporation or sponsoring agency may accept any gift for use in connection with a school lunch program. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-3.] As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.72.

Ind. Code § 20-26-9-8.5 Census income exclusion for eligibility determination

Sec. 8.5. Except as otherwise provided under federal law, income that an individual earns employed at a temporary job as a census worker may not be considered as a resource, asset, or income in determining an applicant's or recipient's eligibility for a school lunch program that offers free or reduced price lunches. As added by P.L.14-2020, SEC.9.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-4.] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-9-10 Accounts and records; inspection, audits, and administrative reviews

Sec. 10. (a) The secretary of education 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 secretary of education may prescribe. (c) The secretary of education 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-5.] As added by P.L.1-2005, SEC.10. Amended by P.L.197-2013, SEC.15; P.L.43-2021, SEC.73.

Ind. Code § 20-26-9-11 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-6.] As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.74. Repealed by P.L.74-2026, SEC.71.

Ind. Code § 20-26-9-12 Authority to operate school kitchens and lunchrooms; 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-9.] As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008, SEC.468; P.L.233-2015, SEC.134.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-4.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-5.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-6.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-7.] As added by P.L.1-2005, SEC.10.

Ind. Code § 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. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-8.] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-9-18 Repealed

As added by P.L.54-2006, SEC.2. Amended by P.L.233-2015, SEC.135; P.L.56-2023, SEC.178. Repealed by P.L.214-2025, SEC.88.

Ind. Code § 20-26-9-18.5 Food and beverage nutritional requirements

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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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