Alterations are made to the required hearing on the plans for continuing the educational process after lapse, which must be held at least 60 days before the district lapses. A special administrative board, which may be appointed by the state board to monitor an unaccredited district, is also given standing to enjoin school board actions that might result in wastage of assets. The state board is given the option of permitting a lapsed district to continue to operate under its existing governance structure pursuant to terms and conditions the board establishes.

Further, this act establishes a "Model School Wellness Program" within DESE to establish school-based pilot programs that focus on encouraging students to establish and maintain healthy lifestyles, as defined in the act.

School districts may apply for one-year grants for school year 2005-2006. The department shall establish selection criteria and methods for distribution of funds to school districts applying for such funds. The department shall promulgate rules in order to implement the act.

A school district that receives a grant under this section shall use the funds to plan and implement the program in a diverse sampling of schools in each district. The programs shall address students' academic success as well as health concerns, and encourage links between the school and home settings to promote active healthy lifestyles across the students' learning environments. The tobacco prevention initiative shall focus on grades four and five to target students before they transition into middle grades. The obesity prevention programs will cover sequential wellness education across grades kindergarten through fifth grades.

The wellness pilot program sunsets on August 28, 2011.

DONALD THALHUBER