Senate Bill S586B

                                BILL NUMBER:S586

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 bill is to encourage
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 eliminates 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
Investigation Committee. The report, "No Room In The playground",
dated September, 2003, found that there was a lack of adequate
outdoor playground 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 physical 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
pulmonary diseases. All of these indicators demonstrate the declining
health of our young. Many studies show that poor health and unhealthy
lifestyles 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
potentially 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
reconfigure 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 - S.2698 - Referred to Education
2008 - S.2239 - Referred to Education
2010 - S.1884 - Passed Senate

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on July 1, 2012.

                                BILL NUMBER:S586A

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 bill is to encourage 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 eliminates 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. The difference between the original bill and
this amended bill is that, at: the request of the City of New York,
              

this provision shall not apply if playground space is lost due to
construction or reconstruction activities that last for one year or
less.

JUSTIFICATION:
This bill is based on a report by then Member of Assembly Jeffrey
Klein, Chair of the Assembly Oversight, Analysis and Investigation
Committee.
The report, "No Room In The playground", dated September, 2003, found
that there was a lack of adequate outdoor playground space in New York.
City public schools. Further that this lack of outdoor play spaces 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 increasing incidence of
poor health of our school children. One of the causes of this poor
health is lack of physical 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
pulmonary diseases. All of these indicators demonstrate the declining
health of our young. Many studies show that poor health and unhealthy
lifestyles 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
potentially 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
reconfigure 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:  S.2698 Referred to Education
2008:  S.2239 Referred to Education
2010:  S.1884 Passed Senate

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on July 1, 2012.