BILL NUMBER:S2485A

TITLE OF BILL:
An act
to amend the education law, in relation to
directing the chancellor of a city school district in a city having a
population of one million or more
to inventory and report upon the outdoor playgrounds within such
district

PURPOSE OR GENERAL IDEA OF BILL:
Requires the Chancellor of the
New York City School District to compile an inventory of the outdoor
playgrounds in such school district and to prepare a report on
certain aspects of the condition and use of such playgrounds.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new Education Law section 2556(14) to require the
Chancellor of the New York city School District to prepare an
inventory and report on the following items related to school
district outdoor playgrounds:

- identify each and every outdoor playground located at or associated
with schools, their location, size, and physical condition.

- identify which playgrounds are in fact utilized as outdoor
              

playgrounds, the activities conducted, and any limitations on their
use as a playground.

- identify areas, while designated or in the past used as playgrounds,
that are now not used for physical education, activity or recreation.
For example, some playgrounds have been used for the placement of
Temporary Classroom Units (TCU) on a more or less permanent basis.
This situation has lead to less playground space being left available
to be used for physical activity.

- a description of how each playground is used during the school day and
after school by students.

- a description of the capital plans for the construction, placement,
renovation, or reconfiguration of such playgrounds, and any plan to
increase or decrease the availability and utilization of such places.

- any other facts, information, or recommendations which the Chancellor
deems necessary to improve outdoor playgrounds. Such improvements
should help to enhance the physical education, physical and mental
fitness, and well-being of its students.

A report of the Chancellor's inventory, findings, and recommendations
is to be completed by December 31, 2011. Such report is to be

submitted to the Governor, the State Legislature, and the state
Education Department.

Section 2: Amend Education Law section 2590-h (Powers and duties of
the Chancellor) to include the duty to prepare the Report outlined in
section 1 of this bill.

JUSTIFICATION:

It is of the utmost importance to the proper development of a child to
engage in unstructured play and to have the opportunity for physical
education. Such activities can help children to better learn and
absorb knowledge throughout the rest of the school day and increase
their physical and mental fitness. When children are able to run,
hop, skip, and jump around with other kids, they learn important
social and emotional skills like empathy, working with others, and
complex behaviors like planning and sequencing.

Unfortunately, many children in New York City have little space to
play in an outdoor setting. Too many neighborhoods lack adequate
playgrounds to serve all children, and many kids live beyond the safe
walking distance to parks.
That is why outdoor playgrounds at schools are so essential.

For many kids, the school day and school facilities are one of the
only opportunities that they have to engage in some fresh air outdoor
physical activity. More than just a chance to run around, outdoor
play at school has been shown to result in higher reading scores and
reduce the high incidence of obesity that exists among many of New
York City's youth.

For these reasons, Senator Klein issued a report in 2003 on outdoor
playground space at schools. This study found that the New York city
Department of Education did not aggressively track the adequacy and
size of outdoor playgrounds. Further, many schools lacked sufficient
play space, in part because Temporary Classroom Units (TCSs) had been
placed on school yard space for years and, in some cases, more than a
decade.

Senator Klein issued a second Report in 2008 on the issue of outdoor
playground space. Further, Senator Klein has tried to encourage the
NYC Department of Education to measure the adequacy of outdoor play
space.
Senator Klein's staff surveyed over 100 elementary school principals
and asked them about their access to fundamental outdoor play space
options-schoolyards, playgrounds, a nearby park, athletic fields or a
track. Many surveyed schools did not have these outdoor playground
options. Many elementary schools lacked multiple options and some did
not have any at all.
Schools reported that for the outdoor play space options they had,
nearly half the time they were insufficient to serve the needs of all

the children.
There were also complaints about the condition of outdoor play space.

One of the key factors diminishing outdoor play space is TCUs. These
supposedly temporary classroom units usually sit on schoolyards,
occupying outdoor play space. This report revealed that 24 percent of
randomly surveyed elementary schools have TCUs. Additionally, 94
percent of elementary schools that had TCUs 5 years ago, still have
them today.
Clearly, the DOE is not on schedule in its attempt to phase down the
utilization of TCUs. This is troubling, as school principals were
critical of
TCUs citing problems with mice, plumbing, heating, ventilation, and
students not feeling part of the school.

The Report required under this bill should help the State and New York
City to do a better job in assessing New York City's compliance with
state law and monitor efforts to close the existing inequities
between schools with regard to outdoor play space.

PRIOR LEGISLATIVE HISTORY:
2008 - S.8600 - Referred to Rules

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.