Sec. 5. "Eligible student" refers to an individual who:
(1) has legal settlement in Indiana;
(2) is at least four (4) years of age and less than twenty-two (22) years of age on October 1 of the applicable school year;
(3) either has been or is currently enrolled in a participating school; and
(4) is a member of a household with an annual income of not more than four hundred percent (400%) of the amount required for the individual to qualify for the federal free or reduced price lunch program.