INDIANAPOLIS – Indiana’s superintendent of public instruction, Glenda Ritz, is running a television ad campaign she claims is funded by federal dollars to promote a summer food service program for students.

But her critics allege the $150,000 ad blitz may violate state law prohibiting statewide elected officials from appearing “in a communication paid for entirely or in part with appropriations made by the general assembly, regardless of the source of the money,” The Journal Gazette reports.

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Ritz is running for re-election as the state’s top education official in a match-up against Jennifer McCormick, superintendent of Yorktown Community Schools, in the November general election. Ritz told the state’s Democratic convention earlier this month that she wants to launch a universal preschool program for all students, end letter grades for school started by her Republican predecessor, and to eliminate the state’s standardized test over the next four years, according to Indiana Public Media.

McCormick helped Yorktown schools earn an A on its district report card for the last six years, due in large part to high student test scores, and contends Ritz’s Department of Education “lacks leadership and vision.”

“And when you have that, things become disorganized and disconnected from the local level,” McCormick said, according to WFYI.

Ritz’s critics believe she’s using the federal Summer Food Service Program as free advertising for her re-election campaign, which may violate the 2010 state law that was initially aimed at curbing ads by then Secretary of State Todd Rokita heading into the 2012 gubernatorial election.

But Ritz spokeswoman Samantha Hart told The Journal Gazette the summer food ad campaign is perfectly legal because it’s funded by federal dollars that are not appropriated in the state budget, and argues that the ads are designed to help students, not Ritz’ political career.

“The Indiana Department of Education is utilizing a portion of Summer Food Service Program funds to raise awareness about the program and encourage students and families to take advantage of this nutrition program during the summer months,” Hart said.

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“With more than 1 in 5 Hoosier students living in poverty, it is essential that we continue to increase awareness about programs like these so that students can receive the nutrition they need to be successful both in and outside the classroom.”

Indiana blogger Jay Kenworthy explained why Ritz’ response to the questions about the ads doesn’t make sense, and pointed out other problems plaguing the superintendent during the 2016 election.

Kenworthy wrote on IndianaExplained.com:

If Ritz and her team were using federal dollars, it would be a clever way to skirt around the issue. The General Assembly doesn’t appropriate school lunch or SFSP money; it flows straight from the U.S. Department of Agriculture. So even though it’s still public money funding a radio ad in a campaign season, it’s not strictly against Indiana statute.

The problem is, the Indiana Department of Education publishes it’s SFSP Management and Administration Plan on its website. There is a lot in there about salaries and promotion through social and earned media, but there is a no mention of radio ads or PSAs. So if Ritz isn’t paying for these drive-time ads with SFSP administrative money, where is it coming from?

Even if everything here is legal, the timing and the content of the ads is questionable at best. Four months from the election, Glenda Ritz is getting air time on WIBC without dipping into her campaign coffers. WIBC is a large radio station with more listeners in Indy suburbs than in the areas where the summer food programs are needed the most.

Kenworthy also highlighted an Associated Press report from mid June about David Galvin, Ritz’s former communications director, who landed a job with N2N Services after helping the company land a $573,000 contract with the Department of Education.

“Documents obtained by The Associated Press show that David Galvin, Ritz’s former communications director and IT manager, took a job with N2N Services in October 2015 – two months after a $435,000 payment was requested for AT&T and N2NServices, AT&T’s software developer, in connection with the project,” the news service reports.

“Galvin, who is now executive director of marketing and communications for Atlanta-based N2N Services, specifically requested the two companies be hired for the work.”