New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 5524. Entry of order; remittitur and further proceedings
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A. (1) The state Department of Education, subject to rules and regulations developed, adopted, and promulgated by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act and in consultation with the state Department of Health, shall establish and administer a targeted coordinated school health program, referred to in this Section as the “program”.
(2) The program shall be established for the purpose of reducing childhood obesity and shall bring together school administrators, teachers, other school employees, students, families, and community members to assess health needs, set priorities, and plan, implement, and evaluate school health activities directed toward this purpose.
(3) The program may be implemented by the governing authority of each public elementary and secondary school.
(4) Program components shall include but need not be limited to the following:
(a) Health education.
(b) Physical education.
(c) Health services.
(d) Nutrition services.
(e) Counseling, psychological, and social services.
(f) A healthy and safe school environment.
(g) Health promotion for school employees.
(h) Family and community involvement.
(5) The state Department of Education shall have the following duties with respect to establishing and administering the program:
(a) Consider existing initiatives, programs, and collaborations that promote and support student health and wellness.
(b) Establish program standards in consultation with organizations involved with issues related to student health, health care, nutrition, and fitness.
(c) Establish guidelines for program implementation and provide technical assistance to public school governing authorities with respect to program implementation.
(d) Develop and maintain a system to monitor and evaluate progress toward achieving the purpose of the program as provided in Paragraph (2) of this Subsection.
(e) Report annually to the governor and the legislature relative to the implementation of the program by public school governing authorities and progress toward achieving the purpose of the program as provided in Paragraph (2) of this Subsection.
B. (1) The state Department of Education, subject to rules and regulations developed, adopted, and promulgated by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act, shall establish and administer a grant program to assist the governing authorities of public elementary and secondary schools with the implementation of the targeted coordinated school health program as established pursuant to Subsection A of this Section.
(2) In order to qualify for a grant, the governing authority of a public elementary or secondary school shall submit to the state Department of Education a detailed implementation plan which shall include but need not be limited to the following components:
(a) A plan for providing for a dedicated school health coordinator and technical and administrative support staff to assist with the implementation of the program.
(b) A description of how the public school governing authority addresses physical activity, nutrition, and other obesity prevention measures and how it would use the grant to augment these measures.
(c) Priorities based on students' health needs and meeting education performance indicators.
(d) An action plan for addressing those needs based on realistic goals and measurable objectives.
(e) A time line for implementation.
(3) Each public school governing authority that receives a grant shall report annually to the state Department of Education relative to progress toward achieving the purpose of the program as provided in Paragraph (A)(2) of this Section.
(4) Any grant made pursuant to this Subsection shall be used to supplement and not supplant any funds already expended for school health programs.
(5) The use of grant funds shall be subject to audit by the legislative auditor.
C. Implementation of the provisions of this Section shall be subject to the appropriation of funds by the legislature for such purpose.
Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 5524. Entry of order; remittitur and further proceedings - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-5524.html
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