S T A T E   O F   N E W   Y O R K
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                                   7386
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the education law, in relation to providing  grants  for
   schoolyards and playgrounds; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 Living Schoolyards Act".
   §  2.  The  education law is amended by adding a new section 3602-g to
 read as follows:
   § 3602-G. LIVING SCHOOLYARD GRANT PROGRAM.  1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A) "ELIGIBLE ENTITY" SHALL MEAN A SCHOOL  DISTRICT,  LOCAL  EDUCATION
 AGENCY,  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES SERVING SECONDARY
 STUDENTS, AND NONPROFIT  ORGANIZATION  THAT  HAS  EXPERTISE  IN  OUTDOOR
 LEARNING  SPACES  OR  OUTDOOR  EDUCATION  WORKING  IN PARTNERSHIP WITH A
 SCHOOL DISTRICT, LOCAL EDUCATION AGENCY, OR BOARD OF COOPERATIVE  EDUCA-
 TIONAL SERVICES SERVING SECONDARY STUDENTS.
   (B)  "LIVING SCHOOLYARD" SHALL MEAN A PARK-LIKE OUTDOOR ENVIRONMENT AT
 AN ELEMENTARY SCHOOL OR SECONDARY SCHOOL THAT STRENGTHENS LOCAL ECOLOGI-
 CAL SYSTEMS, PROVIDES HANDS-ON LEARNING RESOURCES, AND  FOSTERS  A  WIDE
 RANGE  OF  PLAY  AND SOCIAL OPPORTUNITIES WHILE ENHANCING THE HEALTH AND
 WELL-BEING OF CHILDREN AND  ADULTS;  AND  MAY  INCLUDE  TREES,  GARDENS,
 OUTDOOR  MEETING  AREAS,  AND  OTHER  ELEMENTS DESIGNED BY, AND FOR, THE
 STUDENTS AND THE SURROUNDING COMMUNITY.
   (C) "OUTDOOR LEARNING SPACE" SHALL MEAN AN OUTDOOR PHYSICAL  SPACE  ON
 SCHOOL GROUNDS THAT IS:
   (I) DEDICATED TO MEET OR CONDUCT CURRICULUM-TIED ACTIVITIES;
   (II)  A  DEDICATED  SPACE  FOR OUTDOOR CLASSROOMS THAT HAS SEATING AND
 TABLES INSTALLED FOR STUDENTS AND TEACHERS TO MEET REGULARLY; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05438-01-5
 S. 7386                             2
              

 
   (III) A PLACE THAT IS USED WHEN  THE  NEED  ARISES  TO  TAKE  LEARNING
 OUTDOORS.
   (D)  "PROGRAM"  SHALL  MEAN THE LIVING SCHOOLYARD GRANT PROGRAM ESTAB-
 LISHED UNDER THIS SECTION.
   2. LIVING SCHOOLYARD GRANT PROGRAM. THE COMMISSIONER SHALL ESTABLISH A
 LIVING SCHOOLYARD GRANT PROGRAM WHICH SHALL, OUT OF  FUNDS  APPROPRIATED
 FOR  SUCH  PROGRAM,  PROVIDE  GRANTS  ON A COMPETITIVE BASIS TO ELIGIBLE
 ENTITIES FOR THE PURPOSES OF  CREATING  HEALTHIER  AND  GREENER  OUTDOOR
 LEARNING  SPACES  AT ELEMENTARY AND SECONDARY SCHOOLS. SUCH GRANTS SHALL
 BE IN AMOUNTS BETWEEN TWENTY-FIVE THOUSAND DOLLARS AND ONE HUNDRED THOU-
 SAND DOLLARS.
   3. APPLICATIONS.  THE  COMMISSIONER  SHALL  ACCEPT  APPLICATIONS  FROM
 ELIGIBLE ENTITIES WHICH SHALL INCLUDE:
   (A)  AN  IDENTIFICATION OF EACH ELEMENTARY SCHOOL AND SECONDARY SCHOOL
 THAT WILL RECEIVE FUNDING PROVIDED UNDER THIS SECTION.
   (B) THE TIMEFRAME NEEDED TO PREPARE OUTDOOR LEARNING  SPACES  AND  THE
 TIMEFRAME TO BEGIN USING OUTDOOR LEARNING SPACES.
   (C)  THE  PERCENTAGE  OF STUDENTS IN THE IDENTIFIED ELEMENTARY SCHOOLS
 AND SECONDARY SCHOOLS WHO ARE ELIGIBLE FOR A FREE OR REDUCED PRICE LUNCH
 UNDER THE NATIONAL SCHOOL LUNCH ACT, AS AMENDED.
   (D) THE PROJECTED NUMBER OF SCHOOLS  THAT  WOULD  PARTICIPATE  IN  THE
 OUTDOOR LEARNING SPACES.
   (E)  THE PROJECTED NUMBER OF STUDENTS AND STAFF THAT WOULD PARTICIPATE
 IN THE OUTDOOR LEARNING SPACES ON A DAILY BASIS.
   (F) A DESCRIPTION OF HOW THE ELIGIBLE ENTITY WILL ASSIST STUDENTS  AND
 STAFF  THAT  MAY  NEED  INCLEMENT WEATHER CLOTHING TO PARTICIPATE IN THE
 OUTDOOR LEARNING SPACES.
   (G) A DESCRIPTION OF HOW  THE  OUTDOOR  LEARNING  SPACES  WILL  ASSIST
 STUDENTS  AND  STAFF THAT MAY NEED INCLEMENT WEATHER CLOTHING TO PARTIC-
 IPATE.
   (H) A DESCRIPTION OF HOW THE  ELIGIBLE  ENTITY  WILL  CONSIDER  ACCESS
 NEEDS IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990.
   (I) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   4.  USE  OF  GRANT FUNDS. (A) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT
 UNDER THIS SECTION SHALL USE  THE  GRANT  FUNDS  TO  PLAN,  DESIGN,  AND
 CONSTRUCT  OUTDOOR  LEARNING  SPACES. SUCH OUTDOOR LEARNING SPACES SHALL
 INCLUDE AT LEAST ONE OF THE FOLLOWING:
   (I) AN OUTLINE FOR, THAT  INCLUDES  THE  SCOPE  OF,  THE  MASTER  PLAN
 DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (II)  A PLAN FOR EDUCATOR PROFESSIONAL DEVELOPMENT IN ORDER TO SUPPORT
 EDUCATORS IN UTILIZING THE LIVING SCHOOLYARD.
   (III) IDENTIFICATION OF STATE LEARNING STANDARDS THAT MAY BE ADDRESSED
 THROUGH STUDENT INVOLVEMENT IN THE LIVING SCHOOLYARD.
   (IV) A PLAN FOR HOW THE ELIGIBLE ENTITY WILL PROVIDE  FOR  MAINTENANCE
 AND OPERATION OF THE LIVING SCHOOLYARD AFTER THE GRANT PERIOD ENDS.
   (B)  (I)  AN  ELIGIBLE ENTITY THAT RECEIVES A GRANT UNDER THIS SECTION
 SHALL USE THE GRANT FUNDS TO DEVELOP A MASTER PLAN, INCLUDING DESIGN AND
 CONSTRUCTION DOCUMENTS, TO TURN SOME OR ALL OF THE OUTDOOR SPACES OF THE
 PUBLIC ELEMENTARY SCHOOLS AND SECONDARY SCHOOLS SERVED BY  THE  ELIGIBLE
 ENTITY INTO LIVING SCHOOLYARDS. SUCH MASTER PLAN SHALL:
   (A)  BE  DEVELOPED WITH COMMUNITY INPUT, INCLUDING STUDENTS, FAMILIES,
 EDUCATORS, AND SCHOOL STAFF;
   (B) BE DEVELOPED WITH THE GOAL OF LONGEVITY AND RESILIENCE  OF  LIVING
 SCHOOLYARDS AFTER THE GRANT PERIOD HAS EXPIRED; AND
   (C) INCLUDE:
   (I) ECOLOGICAL, CLIMATE, AND BIODIVERSITY GOALS;
 S. 7386                             3
 
   (II) EDUCATION AND HEALTH GOALS;
   (III) ACCESSIBILITY STANDARDS;
   (IV)  THE  NUMBER OF STUDENTS TO BE SERVED AT EACH SCHOOL SERVED UNDER
 THE GRANT, THE TOTAL SIZE OF EACH SUCH SCHOOL PROPERTY IN ACRES, AND THE
 SIZE OF THE PROPOSED LIVING SCHOOLYARD AT EACH SITE IN ACRES;
   (V) A SCHOOL GROUNDS CONCEPT PLAN DRAWING  OF  THE  LIVING  SCHOOLYARD
 DESIGN PROPOSED FOR EACH SCHOOL SERVED UNDER THE GRANT;
   (VI)  AN  IDENTIFICATION  OF  COMMUNITY  PARTNERS, INCLUDING NONPROFIT
 ORGANIZATIONS OR DESIGN PROFESSIONALS, THAT HAVE  EXPERTISE  IN  OUTDOOR
 LEARNING SPACES OR OUTDOOR EDUCATION, IF APPLICABLE; AND
   (VII)  A  LONGEVITY PLAN FOR HOW THE ELIGIBLE ENTITY PROPOSES TO MAIN-
 TAIN THE LIVING SCHOOLYARDS OVER TIME.
   (II) THE MASTER PLAN DEVELOPED UNDER SUBPARAGRAPH (I)  OF  THIS  PARA-
 GRAPH MAY INCLUDE THE FOLLOWING LIVING SCHOOLYARD COMPONENTS:
   (A) GROWING FOOD, PLANTING POLLINATOR PLANTS, AND CREATING HABITAT FOR
 WILDLIFE.
   (B)  CONSERVING  WATER,  MANAGING  STORMWATER  AND OBSERVING THINGS IN
 NATURE.
   (C) SUPPORTING HANDS-ON LEARNING  FOR  PREKINDERGARTEN  THROUGH  GRADE
 TWELVE  ACTIVITIES  AND  PROGRAMS ACROSS SUBJECT AREAS AND GRADE LEVELS,
 SUCH AS CONDUCTING EXPERIMENTS REGARDING SOIL, WIND,  WATER,  AND  OTHER
 ELEMENTS.
   (D)  USING  THE  ARTS  TO  PREPARE SKITS, PLAYS, MURALS, DRAWINGS, AND
 SCULPTURES  THAT  CELEBRATE  NATURE,  INCLUDING  ITS  ANIMALS,   PLANTS,
 PATTERNS, AND BEHAVIORS.
   (E) PLANTING NATIVE SHADE TREES, WHICH:
   (I)  DIRECTLY PROTECT STUDENTS FROM THE EFFECTS OF EXTREME HEAT DUE TO
 CLIMATE CHANGE; AND
   (II) CAST SHADE ON ADJACENT CLASSROOM WINDOWS IN THE  SCHOOL  BUILDING
 TO  HELP  REDUCE  TEMPERATURES INDOORS AND SAVE COOLING COSTS DURING THE
 WARMEST PARTS OF THE SCHOOL YEAR.
   (F)  NATURAL  PLAYGROUNDS,  WHICH  INCLUDE  NATURAL  AND  NATURE-BASED
 ELEMENTS  LIKE  ROCK  GARDENS,  SAND  BOXES, STUMP LOGS, STREAMS, LIVING
 PLANTS, AND OTHERS THAT ARE INTEGRATED WITH THE  OUTDOOR  LANDSCAPE  AND
 VEGETATION, AND WHICH:
   (I) WILL PRODUCE LESS HEAT THAN TRADITIONAL PLAYGROUNDS AND EQUIPMENT;
   (II) ARE MORE INCLUSIVE AND ACCESSIBLE FOR CHILDREN OF ALL ABILITIES;
   (III) ALLOW CHILDREN TO LEARN ABOUT NATURE; AND
   (IV) ARE MORE COST-EFFICIENT THAN TRADITIONAL PLAYGROUNDS.
   (C)  AN ELIGIBLE ENTITY THAT RECEIVES A GRANT UNDER THIS SECTION SHALL
 USE THE GRANT FUNDS TO IMPLEMENT SOME OR ALL OF THE MASTER  PLAN  DEVEL-
 OPED  IN  ACCORDANCE  WITH  THIS  SECTION  BY TURNING SOME OR ALL OF THE
 OUTDOOR SPACES OF THE PUBLIC ELEMENTARY SCHOOLS  AND  SECONDARY  SCHOOLS
 SERVED BY THE ELIGIBLE ENTITY INTO LIVING SCHOOLYARDS.
   (D)  AN ELIGIBLE ENTITY THAT RECEIVES A GRANT UNDER THIS SECTION SHALL
 NOT USE MORE THAN TWENTY PERCENT OF THE GRANT FUNDS:
   (I) FOR PROFESSIONAL DEVELOPMENT FOR SCHOOL LEADERSHIP, EDUCATORS, AND
 PARAPROFESSIONALS RELATED TO  OUTDOOR  TEACHING  AND  BRINGING  STUDENTS
 OUTSIDE FOR LEARNING; AND
   (II)  TO  SUPPORT AN EDUCATOR OR OTHER SCHOOL STAFF MEMBER TO MAINTAIN
 THE LIVING SCHOOLYARDS OF THE ELEMENTARY SCHOOLS AND  SECONDARY  SCHOOLS
 SERVED  BY  THE  ELIGIBLE  ENTITY  AND  PROVIDE PROFESSIONAL DEVELOPMENT
 DESCRIBED IN IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (E) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT UNDER THIS SECTION  SHALL
 NOT USE MORE THAN SIXTY PERCENT OF THE GRANT FUNDS FOR THE COSTS ASSOCI-
 ATED  WITH  THE  INSTALLATION  OF  PLAY AND RECREATION AMENITIES. IN THE
 S. 7386                             4
 
 INSTALLATION OF PLAY AND RECREATION AMENITIES, AN ELIGIBLE ENTITY  SHALL
 PLACE  AN  EMPHASIS  ON  AMENITIES  MADE OF NON-PETROLEUM-BASED, NATURAL
 MATERIALS.
   5.  MATCHING FUNDS. (A) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT UNDER
 THIS SECTION SHALL PROVIDE MATCHING FUNDS IN AN AMOUNT EQUAL  TO  TWENTY
 PERCENT OF THE GRANT AWARD.
   (B)  THE  COMMISSIONER  MAY WAIVE THE MATCHING REQUIREMENT UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION FOR AN ELIGIBLE  ENTITY  THAT  RECEIVES  A
 GRANT UNDER THIS SECTION AND SERVES STUDENTS NOT LESS THAN FORTY PERCENT
 OF  WHOM  ARE  ELIGIBLE  FOR  A  FREE  OR  REDUCED PRICE LUNCH UNDER THE
 NATIONAL SCHOOL LUNCH ACT. SUCH CALCULATION, IN THE CASE OF HIGH SCHOOLS
 SERVED BY THE ELIGIBLE ENTITY, MAY BE COMPLETED  USING  COMPARABLE  DATA
 FROM THE SCHOOLS THAT FEED INTO THE HIGH SCHOOLS.
   6.  CLEARINGHOUSE.  THE COMMISSIONER SHALL MAINTAIN A CLEARINGHOUSE OF
 INFORMATION THAT:
   (A) PROVIDES EXAMPLES OF OUTDOOR LEARNING SPACES, INCLUDING SUCCESSFUL
 MODELS BEING USED;
   (B) INCLUDES INPUT FROM NONPROFIT  ORGANIZATIONS,  PROFESSIONALS,  AND
 OTHER  COMMUNITY  MEMBERS  WITH EXPERTISE IN OUTDOOR LEARNING SPACES AND
 ENVIRONMENTAL EDUCATION; AND
   (C) PROVIDES LINKS AND INFORMATION ABOUT STATE AND LOCAL ENTITIES WITH
 EXPERTISE IN OUTDOOR LEARNING SPACES AND ENVIRONMENTAL EDUCATION.
   7. THE PROGRAM SHALL ONLY ISSUE GRANTS BETWEEN JULY FIRST,  TWO  THOU-
 SAND TWENTY-SEVEN AND JUNE THIRTIETH, TWO THOUSAND THIRTY-ONE.
   §  3.  The sum of one hundred fifty million dollars ($150,000,000), or
 so much thereof as may be  necessary,  is  hereby  appropriated  to  the
 department  of  education  from  any moneys in the state treasury in the
 general fund to the credit of the state purposes account  not  otherwise
 appropriated  for  the  purposes  of carrying out the provisions of this
 act.  Such sum shall be payable on the audit and warrant  of  the  state
 comptroller  on  vouchers  certified  or approved by the commissioner of
 health, or such commissioner's duly  designated  representative  in  the
 manner provided by law.
   § 4. This act shall take effect immediately.