BILL NUMBER:A1863A

TITLE  OF  BILL:    An  act  to  amend the education law, in relation to
restricting the sale,  lease,  transfer  or  authorization  of  open-air
schoolhouse playgrounds for certain uses

PURPOSE  OR GENERAL IDEA OF BILL: The purpose of this hill is to encour-
age the retention of adequate outdoor playground space for New York City
school children. Further, that if existing playgrounds are sold, leased,
transferred or used for school building construction in a way that elim-
inates such playground space, that the school establish a plan to secure
suitable and adequate playground space  for  the  physical  recreational
needs of-such pupils.

SUMMARY  OF  SPECIFIC  PROVISIONS:    Section  1:  Education Law section
2556(5) is-amended to add a new sentence to this provision to  encourage
the  school  to  provide  for other types of recreational play spaces if
existing playgrounds are subsequently used for  school  construction  or
siting of temporary classroom unites. Under current law, Section 2556(5)
requires   open-air   playgrounds   be   attached  to  all  schoolhouses
constructed in the city of New York.

JUSTIFICATION: This bill is based on a report by then Member of Assembly
Jeffrey Klein, Chair of the Assembly Oversight,  Analysis  and  Investi-
gation  Committee.'  The  report;  "No  Room  In  The Playground", dated
September, 2003, found that there was a lack of adequate  outdoor  play-
              

ground  space in New York City public schools. Further that this lack of
outdoor playspaces lead to higher incidences of  childhood  obesity  and
other unhealthy life style choices.

The  issue of preserving school playground space has grown in importance
in light-of new concerns about the further increasing poor health of our
school children. One of the causes of this poor health is lack of  phys-
ical  activity  which  has engendered higher obesity rates for children.
This increasing incidence of childhood obesity is manifesting itself  in
higher  rates of diabetes, asthma, high blood pressure, and other pulmo-
nary diseases. All of these indicators demonstrate the declining  health
of  our  young.  Many  studies show that poor health and unhealthy life-
styles established while young, leads to much poorer health outcomes  as
such children enter adulthood and beyond.

This  legislation  ensures  that when playground space is lost or poten-
tially lost, that the school should do its best to provide  other  open-
air  playgrounds  or other alternatives. These other alternatives should
provide for suitable and adequate activities to accommodate the physical
recreational needs of such students.

In the past, sometimes, outdoor playground  space  was  relinquished  to
other  school  uses  or  the  construction of Temporary Classroom Units.
While it is important to give maximum flexibility to schools  to  recon-
figure  and  adapt their physical layout to meet new demands, it is also

important the some consideration be given to the  retention  of  outdoor
playgrounds to help to increase childhood health.

PRIOR LEGISLATIVE HISTORY:  2006 - S2698 - referred to education
2008 - S2239 - referred to education

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect on July 1, 2011.