BILL NUMBER:  S1884

 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 :
Requires the State Education Department (SED) Commissioner to approve
any changes or alterations to existing outdoor playground space in New
York City schools. The purpose of this legislation is to ensure that
adequate outdoor playground space be provided New York City school
children and that any alterations to existing playground space not be
permitted unless an alternative plan approved by the Commissioner
provides space of at least equal size for outdoor recreational
activities.

 SUMMARY OF SPECIFIC PROVISIONS :
Subdivision 5 of section 2556 requires open-air playgrounds be
attached to all schoolhouses constructed in the city of New York. This
legislation amends that provision to additionally require that any
space leased by the City for the purposes of serving as a schoolhouse
will also be required to provide open-air playground space. It further
requires that any alterations to existing playground space which
eliminates the use of playground space for outdoor recreational
              

activities be submitted to the Commissioner for approval accompanied
with a plan for alternative recreational space of at least equal size
for outdoor recreational activities. Paragraph (a) requires plans
altering any existing playgrounds first be submitted for approval to
the Commissioner. Paragraph (b) provides that such plans be reviewed
annually by the Commissioner to ensure the need continues and that the
plan is adequate to meet the physical education requirements for the
students. Paragraph (c) provides that no alternative plan is submitted
without public input from parents, teachers and community residents.

 JUSTIFICATION :
This bill is based on the findings of a report released by Assembly
Member Jeff Klein, as Chair of the Oversight, Analysis and
Investigation Committee. "No Room In The Playground", released in
September, 2003 found serious problems with the lack of adequate
outdoor playground space in New York City public schools and also
faulted City and State education authorities for failing to ensure
adequate outdoor playground space as the law requires. All too often
outdoor playground space is relinquished to Temporary Classroom Units
used to ease school overcrowding. These problems have taken on greater
significance in light of the prevalence of poor health and obesity
among today's children.

Current law requires that alternative playground space is provided
when schools built with Education Construction Funds lose this space
to meet other school building needs. ECF constructs combined occupancy
structures which include certain school facilities in New York City.
This legislation would apply a similar provision to all school
building activities in NYC, not just those built with ECF funds.  Over
the years, the City has dealt with school overcrowding in a number of
ways. Sometimes the City has leased buildings to serve as additional
schoolhouses. In the Mayor's 2005-2009 Five Year Capital Plan
(November, 2003), 30% of the new capacity will be created by leasing
private space, with capital funding proposed to make whatever
improvements are necessary.

This legislation ensures that whether a school is constructed or
leased, it must provide open-air schoolhouse playgrounds and when that
is not possible, it must provide for adequate alternatives.

 PRIOR LEGISLATIVE HISTORY :
2004 - A9792 - referred to education
2006 - S2698 - referred to education
2008 - S2239 - referred to education

 FISCAL IMPLICATIONS :
None to the State

 EFFECTIVE DATE :
This act shall take effect on the 120th day after it shall have become
a law; provided however, that the commissioner of education is
authorized and directed to promulgate any rules or regulations
necessary for the timely implementation of this act on or before such
effective date.