Part 41 - Grants For School Health Projects

PART 41
GRANTS FOR SCHOOL HEALTH PROJECTS
(Statutory authority: L. 1981, ch. 50)
Sec.
41.1 Applicability
41.2 Grant applications
41.3 Grant contracts
41.4 Waivers

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Section 41.1 - Applicability

Section 41.1 Applicability.

This Part shall apply to State grants paid for school health projects funded under chapter 50 of the Laws of 1981 or any subsequent State law providing funding through the State Department of Health for similar school health projects.
 

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Section 41.2 - Grant applications

41.2 Grant applications.

(a) State grants shall be based on the prior approval of specific school health project proposals after application by the governing authority of not-for-profit or publicly operated facilities licensed pursuant to article 28 of the Public Health Law. Review and approval of such applications shall be by the State Commissioner of Health with the consent of the State Commissioners of Education and Social Services.

(b) The submission of a memorandum of understanding and support between the governing authority of the school district serving the area in which the schools proposing to participate in the facility's project are located and the applicant-article 28 facility shall be a condition of eligibility for a grant under this Part. For those projects to be located in any nonpublic school, the submission of a memorandum of understanding and support between the governing authority of such nonpublic school and the applicant-article 28 facility shall also be a condition of eligibility for a grant under this Part. Services funded by these State grants shall be available to all pupils enrolled in participating schools regardless of ability to pay. Only article 28 facilities proposing projects based in schools located in cities exempt from the requirements of State mandated public school pupil medical inspections and examinations under article 19 of the Education Law will be eligible to receive grant funds. Grant funds received pursuant to this Part must be used solely for a school health project approved pursuant to this Part. Selection of applications for grants shall be based upon criteria which, at a minimum, shall include:

(1) the extent of need and high risk in the community to be served based upon health indicators relating to children;

(2) the degree of participation by, and the commitment of, the schools and school districts proposing to participate in the project;

(3) the quality, scope and feasibility of the project proposal; and

(4) the qualifications, experience and commitment to the proposal of the applicant.
 

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Section 41.3 - Grant contracts

41.3 Grant contracts. The Commissioner of Health shall, with the consent of the Commissioners of Education and Social Services, enter into contracts with the selected applicants with respect to the distribution and administration of grant funds, and the management, operation and evaluation of the school health projects. Such contracts shall contain provisions relating to, among other matters:

(a) those provisions of the Public Health Law and regulations that are waived;

(b) services to be provided;

(c) use of grant funds;

(d) staffing;

(e) submission of claims for grant funds and distribution of grant funds; and

(f) recordkeeping and reporting requirements.
 

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Section 41.4 - Waivers

41.4 Waivers.

The Commissioner of Health may waive any provision of the Public Health Law and regulations promulgated pursuant thereto in order to implement school health projects under this Part. Any such waivers shall only be effective for the duration of the grant contract entered into under this Part.
 

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