Senate Bill S8409

                                BILL NUMBER:S8409

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

PURPOSE OR GENERAL IDEA OF BILL:
Requires the Chancellor of the New York City School District to compile
an inventory of the outdoor schoolyards in such school district and to
prepare a report on Certain aspects of the condition and Use of such
playgrounds. This is a chapter amendment to S. 2485-A and A.7603-A which
passed the Senate on June 18, 2010. These amendments were suggested by
the City of New York which is the governmental entity which is required
to prepare the schoolyard report and inventory.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Revises the 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 schoolyard located at or associated
with schools, their location, approximate size, and physical condition.

- identify which schoolyards are in fact utilized as outdoor school-
              

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

- identify areas, while designated or in the past used as schoolyards,
that are now not used for physical education, activity or recreation.
For example, Some playgrounds have been Used for the placement of Tempo-
rary 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 whether each playground is used during the school day
and after school by students and the general public.

- 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 schoolyards. Such improvements should
help to enhance the physical education, physical and mental fitness, and
well-being of its students.

Provides for a definition of schoolyards to include all outdoor space
used by students for physical education, physical activity, and/or
recreation.

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.

The only change in this Chapter amendment is to substitute the term
"playgrounds" for the term "schoolyards". Further, it revises paragraph
(iv) to specify in the report the frequency of use of schoolyards and
whether such schoolyards are available for use by students or the gener-
al public after school hours.

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. The Chapter amendment substitutes the words
"playgrounds" for the term "schoolyards"

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 phys-
ical 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 phys-
ical 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, occupy-
ing 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 crit-
ical 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:
This is a Chapter amendment bill to incorporate the comments of the City
of New York in S.2485-A and A.7603-A.
2008: S.8600 - Referred to Rules

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the same date as S.2485-A/A.7603-A.