senate Bill S2255

Signed By Governor
2013-2014 Legislative Session

Restricts the sale, lease, transfer and certain uses of existing outdoor school playgrounds

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Archive: Last Bill Status Via A151 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 signed chap.480
Dec 05, 2014 delivered to governor
Jun 16, 2014 returned to assembly
passed senate
3rd reading cal.1377
substituted for s2255
Jun 16, 2014 substituted by a151a
ordered to third reading cal.1377
committee discharged and committed to rules
May 29, 2014 reported and committed to finance
May 13, 2014 reported and committed to education
Jan 08, 2014 referred to new york city education subcommittee
May 21, 2013 reported and committed to finance
May 08, 2013 reported and committed to education
May 02, 2013 committee discharged and committed to new york city education subcommittee
Jan 15, 2013 referred to education

Votes

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Jun 16, 2014 - Rules committee Vote

S2255
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 29, 2014 - Education committee Vote

S2255
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

May 13, 2014 - New York City Education Subcommittee committee Vote

S2255
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show New York City Education Subcommittee committee vote details

New York City Education Subcommittee Committee Vote: May 13, 2014

aye wr (2)

May 21, 2013 - Education committee Vote

S2255
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

May 7, 2013 - New York City Education Subcommittee committee Vote

S2255
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show New York City Education Subcommittee committee vote details

New York City Education Subcommittee Committee Vote: May 7, 2013

aye wr (1)

Co-Sponsors

S2255 - Bill Details

See Assembly Version of this Bill:
A151A
Law Section:
Education Law
Laws Affected:
Amd ยง2556, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S586B, A4832B
2009-2010: S1884A, A1863A

S2255 - Bill Texts

view summary

Restricts the sale, lease, transfer or use of existing outdoor school playgrounds for the construction or renovation of a school building which would eliminate use of such playground space for outdoor recreation unless an alternative plan for outdoor recreation is provided.

view sponsor memo
BILL NUMBER:S2255

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 units. Under current law, Section 2555(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 2012: S.586
Reported to Senate Finance

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect 180 days after it shall
have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2255

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 2556 of the  education  law,  such
section  as renumbered by chapter 762 of the laws of 1950, is amended to
read as follows:
  5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
city  of  New York without an open-air playground attached to or used in
connection with the same.   EXISTING  PLAYGROUNDS  SHALL  NOT  BE  SOLD,
LEASED  OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH AS
SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING MATERIALS FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF  SUCH  PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES OR SPACE TO ACCOMMODATE THE PHYSICAL AND  RECREATIONAL  NEEDS
OF  THE  PUPILS  OF  SUCH BUILDING.   THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO SCHOOL CONSTRUCTION  OR  RENOVATION  ACTIVITIES  THAT
OCCUR  ON  OR  REQUIRE  THE USE OF SUCH PLAYGROUNDS FOR A DURATION OF NO
MORE THAN ONE YEAR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that the  commissioner  of
education  is  authorized  and directed to promulgate any rules or regu-
lations necessary for the timely implementation of this act on or before
such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00128-02-3

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