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

1 Co-sponsor

• Diane J. Savino

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 - S2698 - referred to education 2008 - S2239 - referred to education

Fiscal implications

Minimal

Effective date

This act shall take effect on July 1, 2011.