[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4993 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4993
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
September 28, 2022
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Schoolyards Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) City planning and urban development often disconnect
communities from natural systems, such as forests, waterways,
and wildlife habitats. Existing green spaces in our cities are
not evenly distributed and the presence of neighborhood parks
and nature-rich school grounds are strongly correlated with
income in most cities across the United States. This means that
communities with the fewest resources usually also have the
least access to nature in their neighborhoods and on their
school grounds.
(2) Environmental sustainability has become a high priority
in planning and design and should be incorporated in
construction and renovation of schools across urban, suburban,
and rural districts.
(3) School districts are 1 of the largest land managers in
almost every city and town in the United States. The choices
schools and districts make about how they manage their land
directly impacts students' daily experiences, mental and
physical health, and learning outcomes. Schools can benefit
their students, educators, and surrounding communities through
thoughtful design and use of their grounds, paying mind to
local ecological, social, and cultural context.
(4) On-campus green space designs have environmental and
ecological resilience benefits, such as stormwater management,
rainwater collection, carbon and runoff sequestration, air
quality improvement, wildlife habitat restoration, and
ecological resiliency.
(5) The amount of time the average American child spends
outdoors and distance traveled from the home unsupervised are
in constant decline.
(6) Adding green spaces to schoolyards has been linked to
persistent changes in recess behavior, including increased
physical activity and social collaboration.
(7) Children spend a significant portion of their day on
their school campuses, amounting to at least 840 instructional
hours per year from grades 1 to 3, inclusive, and up to 1,080
hours for grades 9 to 12, inclusive.
(8) Removing pavement and adding shade trees in places that
are accessible to children and youth during the school day
directly protects children from high temperatures and reduces
urban heat islands in the surrounding community, while also
making school grounds more comfortable for both children and
adults.
(9) An ecological schoolyard with trees and other plantings
provides a peaceful, comfortable, and aesthetically pleasant
environment for students, particularly for those students who
lack the desire or ability to engage in competitive, fast-
paced, or more structured activities. This has been shown to
improve mental health and the ability to pay attention for both
children and adults. The presence of trees on school grounds is
associated with higher academic achievement for students.
(10) Ecological schoolyards provide a diverse, engaging,
multi-faceted play and social environment that encourages
collaborative and cooperative play and social interaction,
reducing the aggression and bullying that occurs on traditional
playgrounds.
(11) An on-campus green space, such as a school garden, is
a fundamental component of a school environment intended to
include and empower students, giving them a sense of place and
community.
(12) Schools are devoted to nurturing each child's
physical, cognitive, social, and emotional development and
ability to assess challenging situations and make intelligent
choices.
(13) Children should be given the opportunity to reflect
and embrace their local ecological, social, and cultural
context in both recreational and instructional settings.
(14) Outdoor learning spaces provide clearer context and
hands-on teaching resources for standards-based instruction in
life and physical sciences, health and nutrition, social
science, mathematics, reading and creative writing, visual and
performing art, and other subject areas.
(15) Outdoor activity is essential to learning, health, and
the overall quality of student life.
SEC. 3. DEFINITIONS.
In this Act:
(1) Elementary school.--The term ``elementary school''
means a public institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
(2) Living schoolyard.--The term ``living schoolyard''--
(A) means a park-like outdoor environment at an
elementary school or secondary school that strengthens
local ecological systems, provides hands-on learning
resources, and fosters a wide range of play and social
opportunities while enhancing health and well-being of
children and adults; and
(B) may include trees, gardens, outdoor meeting
areas, and other elements designed by, and for, the
students and the surrounding community.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Outdoor learning space.--The term ``outdoor learning
space'' means an outdoor physical space on school grounds that
is--
(A) dedicated to meet or conduct curriculum-tied
activities;
(B) a dedicated space for outdoor classrooms that
has seating and tables installed for students and
teachers to meet regularly; or
(C) a place that is used when the need arises to
take learning outdoors.
(5) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM FOR OUTDOOR LEARNING SPACES.
(a) Authorization of Program.--
(1) Reservation for bie.--From the amount appropriated
under subsection (d) to carry out this section for a fiscal
year, the Secretary shall reserve 5 percent for the Secretary
of the Interior to carry out this section for schools operated
by the Bureau of Indian Education or schools that are operated
by an Indian tribe, or an organization controlled or sanctioned
by an Indian tribal government, for the children of that tribe
under a contract with, or grant from, the Department of the
Interior under the Indian Self-Determination Act (25 U.S.C.
5321 et seq.) or the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.).
(2) Authorization.--The Secretary shall award grants to
local educational agencies to enable the local educational
agencies to develop outdoor learning spaces.
(3) Grant amounts.--A grant awarded under this section
shall be in an amount equal to not less than $10,000 and not
more than $50,000 for each school to be served by the local
educational agency with the grant.
(b) Applications.--
(1) In general.--A local educational agency that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require, including the
following:
(A) An identification of each elementary school and
secondary school served by the local educational agency
that will receive assistance with grant 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 the local
educational agency serves who are eligible for a free
or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(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 local educational
agency will assist students and staff that may need
inclement weather clothing to participate in the
outdoor learning spaces.
(2) Partnership.--A local educational agency may submit an
application under paragraph (1) in partnership with a nonprofit
organization that has expertise in outdoor learning spaces or
outdoor education.
(c) Use of Funds.--A local educational agency that receives a grant
under this section shall use the grant funds to develop outdoor
learning spaces. Such outdoor learning spaces shall comply with at
least 1 of the following:
(1) The installation of canopies, tents, or similar
structures that maximize air flow while providing shade and
rain protection, including, if walls are included, any
accommodations for reducing COVID-19 virus transmission
recommended by the Centers for Disease Control and Prevention
or local public health authorities.
(2) The installation of open sided permanent outdoor
structures, with or without large retractable doors.
(3) The installation of electricity and outlets or portable
generators that benefits student learning.
(4) The installation of outdoor furniture, such as seating
and tables or work surfaces, for staff and students.
(5) The availability of storage for outdoor teaching
materials or wagons or carts for each teacher to transport
supplies to and from the outdoor learning spaces.
(6) The installation of outdoor wifi nodes, and potable
charging stations.
(7) The installation of outdoor food service facilities for
serving, eating, and waste management.
(8) The installation of school garden infrastructure and
plantings, such as raised garden beds, potting soil, hoses, and
installation of native, low water, and food-producing plants
that may help block the wind or provide shade.
(9) The installation or planting of shade trees, positioned
on school grounds where students can access them during the
school day. Planting locations for shade trees shall be
selected to improve the thermal comfort of outdoor learning
spaces.
(10) Removal of asphalt, concrete, or pavement, and soil
conditioning.
(11) The availability of weather related clothing and
footwear.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2023 through 2027.
SEC. 5. LIVING SCHOOLYARD PROJECTS.
(a) Planning Grants.--
(1) In general.--The Secretary shall award planning grants
to local educational agencies to enable the agencies to develop
master plans to turn some or all of the outdoor spaces of the
elementary schools and secondary schools served by the agencies
into living schoolyards.
(2) Applications.--A local educational agency that desires
to receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including the following:
(A) An outline for, that includes the scope of, the
master plan described in paragraph (3).
(B) A plan for educator training and professional
development in order to train teachers in utilizing the
living schoolyard.
(C) Identification of State learning standards that
may be addressed through student involvement in the
living schoolyard.
(3) Master plan.--
(A) In general.--A local educational agency that
receives a grant under this subsection shall use the
grant funds to develop a master plan to turn some or
all of the outdoor spaces of the elementary schools and
secondary schools served by the agency into living
schoolyards. Such master plan shall--
(i) be developed with community input;
(ii) be developed with the goal of
longevity and resilience of living schoolyards
after the grant period under this subsection
and subsection (b) has expired; and
(iii) include--
(I) ecological goals;
(II) education and health goals;
(III) 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;
(IV) a master plan drawing of the
living schoolyard design proposed for
each school served under the grant;
(V) an identification of community
partners, including nonprofit
organizations that have expertise in
outdoor learning spaces or outdoor
education, if applicable; and
(VI) a longevity plan for how the
local educational agency proposes to
maintain the living schoolyards over
time.
(B) Components of a living schoolyard.--The master
plan developed under subparagraph (A) may include the
following designs for the living schoolyard:
(i) Growing food, planting pollinator
plants, and creating habitat for wildlife.
(ii) Conserving water and observing things
in nature.
(iii) Drawing objects found in nature,
documenting season's change, and temperatures.
(iv) Conducting experiments regarding soil,
wind, water, and other elements.
(v) Using the arts to prepare skits, plays,
murals, drawings, and sculptures that celebrate
nature, including its animals, plants,
patterns, and behaviors.
(vi) Displaying items found and celebrated,
including leaves, seeds, cones, fruits, bones,
and other items.
(vii) Planting 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.
(b) Implementation Grants.--
(1) In general.--The Secretary shall award implementation
grants to local educational agencies that received a planning
grant under subsection (a) and developed a master plan in
accordance with subsection (a).
(2) Applications.--A local educational agency that desires
to receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. A
local educational agency may apply for more than 1 grant in
order to complete individual schools in separate phases.
(3) Use of funds.--
(A) In general.--A local educational agency that
receives a grant under this subsection shall use the
grant funds to carry out the master plan developed in
accordance with subsection (a) by turning some or all
of the outdoor spaces of the elementary schools and
secondary schools served by the agency into living
schoolyards.
(B) Permissible uses.--A local educational agency
that receives a grant under this subsection may use the
grant funds--
(i) for professional development for school
leadership, educators, and paraprofessionals;
and
(ii) to support an educator or ancillary
staff member to maintain the living schoolyards
of the elementary schools and secondary schools
served by the agency and provide professional
development described in clause (i).
(4) Match.--
(A) In general.--A local educational agency that
receives a grant under this subsection shall provide
matching funds in an amount equal to 20 percent of the
grant award.
(B) Waiver.--The Secretary may waive the matching
requirement under subparagraph (A) for local
educational agency that receives a grant under this
subsection and serves students not less than 40 percent
of whom are eligible for a free or reduced price lunch
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.).
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $150,000,000 for
each of fiscal years 2023 through 2027.
SEC. 6. CLEARINGHOUSE.
The Secretary shall maintain a clearinghouse of information that--
(1) provides examples of outdoor learning spaces, including
successful models being used;
(2) includes input from nonprofit organizations with
expertise in outdoor learning spaces and environmental
education; and
(3) provides links and information about State and local
entities with expertise in outdoor learning spaces and
environmental education.
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