Chapter amends S. 2485-A and A. 7603-A, relating to an inventory and report on playgrounds in city school district with population of one million or more

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.