Living Schoolyards Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1538 To authorize the Secretary of Education to award grants for outdoor learning spaces and to develop living schoolyards. IN THE SENATE OF THE UNITED STATES MAY 10, 2023 Mr. HEINRICH introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants for outdoor learning spaces and to develop living schoolyards. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Living Schoolyards Act 4 of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) City planning and urban development often 8 disconnect communities from natural systems, such 9 as forests, waterways, and wildlife habitats. Existing 10 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1538 IS green spaces in our cities are not evenly distributed 1 and the presence of neighborhood parks and nature- 2 rich school grounds are strongly correlated with in- 3 come in most cities across the United States. This 4 means that communities with the fewest resources 5 usually also have the least access to nature in their 6 neighborhoods and on their school grounds. 7 (2) Communities across the Nation are facing 8 more extreme weather, including flooding, excessive 9 heat, and forest fires. 10 (3) Environmental sustainability has become a 11 high priority in planning and design and should be 12 incorporated in construction and renovation of 13 schools across urban, suburban, and rural districts. 14 (4) School districts are 1 of the largest land 15 managers in almost every city and town in the 16 United States. The choices schools and districts 17 make about how they manage their land directly im- 18 pacts students’ daily experiences, mental and phys- 19 ical health, and learning outcomes. Schools can ben- 20 efit their students, educators, and surrounding com- 21 munities through thoughtful design and use of their 22 grounds, paying mind to local ecological, social, and 23 cultural context. 24 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1538 IS (5) On-campus green space that can be de- 1 scribed as living schoolyards can have environmental 2 and ecological resilience benefits, such as stormwater 3 management, rainwater collection, carbon sequestra- 4 tion, air quality improvement, wildlife habitat res- 5 toration, mitigation of extreme heat, and ecological 6 resiliency. 7 (6) The amount of time the average American 8 child spends outdoors is in constant decline. Accord- 9 ing to the Kaiser Family Foundation, children ages 10 8 through 18 now spend on average 7.5 hours per 11 day in front of a screen. More than 28,000,000 chil- 12 dren do not live within a 10-minute walk of a park. 13 (7) Living schoolyards provide a diverse, engag- 14 ing, multi-faceted play and social environment that 15 encourages collaborative and cooperative play and 16 social interaction. Adding living green spaces to 17 schoolyards has been linked to persistent improve- 18 ments in recess behavior. Living and green spaces 19 have been shown to reduce bullying, anti-social be- 20 havior, and student misconduct, as well as support 21 trauma-informed care and education. Evidence from 22 a case study in Philadelphia correlates the trans- 23 formation of a schoolyard, from asphalt to a living 24 schoolyard, with a reduction in student suspensions. 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1538 IS (8) Children spend a significant portion of their 1 day on their school campuses, amounting to at least 2 840 instructional hours per year from grades 1 to 3, 3 inclusive, and up to 1,080 hours for grades 9 to 12, 4 inclusive. 5 (9) Removing pavement and adding shade trees 6 in places that are accessible to students and staff 7 during the school day provides protection from high 8 temperatures and reduces urban heat islands in the 9 surrounding community, while also making school 10 grounds more comfortable for both students and 11 staff. 12 (10) A living schoolyard that is park-like with 13 trees and other plantings provides a peaceful, com- 14 fortable, and aesthetically pleasant environment for 15 all students, and has been shown to increase phys- 16 ical activity, enhance brain development and func- 17 tion, improve vision and sleep, boost immune system 18 health, and reduce risk of infectious and chronic dis- 19 ease among children. These spaces have been shown 20 to improve mental health and the ability to pay at- 21 tention for both children and adults. These spaces 22 also have been shown to reduce stress, anxiety, and 23 depressive symptoms, strengthen a sense of belong- 24 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1538 IS ing, and restore a sense of calm and well-being and 1 positive social behavior among students and staff. 2 (11) An on-campus living and green space, 3 which can include a school garden, is a fundamental 4 component of a school environment intended to in- 5 clude and empower students, giving them a sense of 6 place and community. 7 (12) Children should be given the opportunity 8 to reflect and embrace their local ecological, social, 9 and cultural context in both recreational and in- 10 structional settings. 11 (13) Living schoolyards provide clearer context 12 and hands-on teaching resources for standards-based 13 instruction in life and physical sciences, health and 14 nutrition, social science, mathematics, reading and 15 creative writing, visual and performing art, and 16 other subject areas. 17 (14) Outdoor activity is essential to learning, 18 health, and the overall quality of student life. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) ESEA TERMS.—The terms ‘‘educational 22 service agency’’, ‘‘elementary school’’, ‘‘local edu- 23 cational agency’’, and ‘‘secondary school’’ have the 24 meanings given the terms in section 8101 of the Ele- 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1538 IS mentary and Secondary Education Act of 1965 (20 1 U.S.C. 7801). 2 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 3 ty’’ means— 4 (A) a local educational agency; 5 (B) an educational service agency; or 6 (C) a nonprofit organization that has ex- 7 pertise in outdoor learning spaces or outdoor 8 education working in partnership with a local 9 educational agency. 10 (3) LIVING SCHOOLYARD.—The term ‘‘living 11 schoolyard’’— 12 (A) means a park-like outdoor environment 13 at an elementary school or secondary school 14 that strengthens local ecological systems, pro- 15 vides a wide range of hands-on learning re- 16 sources, and fosters nature play and social op- 17 portunities while enhancing health and well- 18 being of children and adults; and 19 (B) may include climate appropriate trees 20 and plants, cultivated gardens, outdoor meeting 21 and gathering areas, and other non-petroleum- 22 based elements designed by, and for, the stu- 23 dents and the surrounding community. 24 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1538 IS (4) OUTDOOR LEARNING SPACE.—The term 1 ‘‘outdoor learning space’’ means an outdoor physical 2 space on school grounds that is— 3 (A) dedicated to meet or conduct cur- 4 riculum-tied activities; 5 (B) a dedicated space for outdoor class- 6 rooms that has seating and tables installed for 7 students and teachers to meet regularly; or 8 (C) a place that is used when the need 9 arises to take learning outdoors. 10 (5) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Education. 12 SEC. 4. GRANT PROGRAM FOR OUTDOOR LEARNING 13 SPACES. 14 (a) AUTHORIZATION OF PROGRAM.— 15 (1) RESERVATION FOR BUREAU OF INDIAN 16 EDUCATION.—From the amount appropriated under 17 subsection (d) to carry out this section for a fiscal 18 year, the Secretary shall reserve 5 percent for the 19 Secretary of the Interior to carry out this section for 20 schools operated by the Bureau of Indian Education 21 or schools that are operated by an Indian tribe, or 22 an organization controlled or sanctioned by an In- 23 dian tribal government, for the children of that tribe 24 under a contract with, or grant from, the Depart- 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1538 IS ment of the Interior under the Indian Self-Deter- 1 mination Act (25 U.S.C. 5321 et seq.) or the Trib- 2 ally Controlled Schools Act of 1988 (25 U.S.C. 2501 3 et seq.). 4 (2) AUTHORIZATION.—The Secretary shall 5 award grants to eligible entities to enable the eligible 6 entities to plan, design, and construct outdoor learn- 7 ing spaces. 8 (3) PRIORITIES.—In awarding grants under 9 this section, the Secretary shall give priority to— 10 (A) eligible entities that serve students not 11 less than 40 percent of whom are eligible for a 12 free or reduced price lunch under the Richard 13 B. Russell National School Lunch Act (42 14 U.S.C. 1751 et seq.), which calculation, in the 15 case of high schools served by the eligible enti- 16 ty, may be completed using comparable data 17 from the schools that feed into the high schools; 18 and 19 (B) eligible entities that are— 20 (i) rural high-need local educational 21 agencies with locale codes 32, 33, 41, 42, 22 or 43; or 23 (ii) educational service agencies serv- 24 ing rural high-need local educational agen- 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1538 IS cies with locale codes 32, 33, 41, 42, or 1 43. 2 (4) GRANT AMOUNTS.—A grant awarded under 3 this section shall be in an amount equal to not less 4 than $25,000 and not more than $100,000 for each 5 school to be served by the eligible entity with the 6 grant. 7 (b) APPLICATIONS.—An eligible entity that desires to 8 receive a grant under this section shall submit an applica- 9 tion to the Secretary at such time, in such manner, and 10 accompanied by such information as the Secretary may 11 require, including the following: 12 (1) An identification of each public elementary 13 school and secondary school served by the eligible 14 entity that will receive assistance with grant funding 15 provided under this section. 16 (2) The timeframe needed to prepare outdoor 17 learning spaces and the timeframe to begin using 18 outdoor learning spaces. 19 (3) The percentage of students the eligible enti- 20 ty serves who are eligible for a free or reduced price 21 lunch under the Richard B. Russell National School 22 Lunch Act (42 U.S.C. 1751 et seq.). Such calcula- 23 tion, in the case of high schools served by the eligi- 24 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1538 IS ble entity, may be completed using comparable data 1 from the schools that feed into the high schools. 2 (4) The projected number of schools that would 3 participate in the outdoor learning spaces. 4 (5) The projected number of students and staff 5 that would participate in the outdoor learning spaces 6 on a daily basis. 7 (6) A description of how the eligible entity will 8 assist students and staff that may need inclement 9 weather clothing to participate in the outdoor learn- 10 ing spaces. 11 (7) A description of how the eligible entity will 12 consider access needs in compliance with the Ameri- 13 cans with Disabilities Act of 1990 (42 U.S.C. 12101 14 et seq.). 15 (c) USE OF FUNDS.— 16 (1) IN GENERAL.—An eligible entity that re- 17 ceives a grant under this section shall use the grant 18 funds to plan, design, and construct outdoor learn- 19 ing spaces. Such outdoor learning spaces shall com- 20 ply with at least 1 of the following: 21 (A) The installation or planting of shade 22 trees, positioned on school grounds where stu- 23 dents can access them during the school day. 24 Planting locations for shade trees shall be se- 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1538 IS lected to improve the thermal comfort of out- 1 door learning spaces. 2 (B) Replacement of asphalt, concrete, or 3 pavement, including a consideration of mate- 4 rials that do not retain heat, and soil condi- 5 tioning. 6 (C) The installation of electricity and out- 7 lets or portable generators that benefits student 8 learning. 9 (D) The installation of outdoor furniture, 10 such as seating and tables or work surfaces, for 11 staff and students. 12 (E) The availability of storage for outdoor 13 teaching materials or wagons or carts for each 14 teacher to transport supplies to and from the 15 outdoor learning spaces. 16 (F) The installation of outdoor wifi nodes, 17 and potable charging stations. 18 (G) The installation of outdoor food service 19 facilities for serving, eating, and waste manage- 20 ment. 21 (H) The installation of school garden in- 22 frastructure and plantings, such as raised gar- 23 den beds, potting soil, spigots, waterlines, irri- 24 gation and installation of native, low water, and 25 VerDate Sep 11 2014 23:15 May 19, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1538 IS food-producing plants that may help block the 1 wind or provide shade. 2 (I) The installation of open-ended, perma- 3 nent canopies or shelters that protect students 4 from sun, rain, or wind during outdoor activi- 5 ties. 6 (J) The installation of open-sided, perma- 7 nent outdoor structures, with or without large 8 retractable doors. 9 (2) CAP ON AMOUNT USED FOR PLAY AND 10 RECREATION AMENITIES.—An eligible entity that re- 11 ceives a grant under this section may use not more 12 than 50 percent of the grant funds for the costs as- 13 sociated with the installation of play and recreation 14 amenities. In the installation of play and recreation 15 amenities, an eligible entity shall place an emphasis 16 on ameni [Text truncated for display. Full text available on Congress.gov.]