[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1538 Introduced in Senate (IS)]
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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 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 2023''.
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) Communities across the Nation are facing more extreme
weather, including flooding, excessive heat, and forest fires.
(3) 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.
(4) 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.
(5) On-campus green space that can be described as living
schoolyards can have environmental and ecological resilience
benefits, such as stormwater management, rainwater collection,
carbon sequestration, air quality improvement, wildlife habitat
restoration, mitigation of extreme heat, and ecological
resiliency.
(6) The amount of time the average American child spends
outdoors is in constant decline. According to the Kaiser Family
Foundation, children ages 8 through 18 now spend on average 7.5
hours per day in front of a screen. More than 28,000,000
children do not live within a 10-minute walk of a park.
(7) Living schoolyards provide a diverse, engaging, multi-
faceted play and social environment that encourages
collaborative and cooperative play and social interaction.
Adding living green spaces to schoolyards has been linked to
persistent improvements in recess behavior. Living and green
spaces have been shown to reduce bullying, anti-social
behavior, and student misconduct, as well as support trauma-
informed care and education. Evidence from a case study in
Philadelphia correlates the transformation of a schoolyard,
from asphalt to a living schoolyard, with a reduction in
student suspensions.
(8) 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.
(9) Removing pavement and adding shade trees in places that
are accessible to students and staff during the school day
provides protection from high temperatures and reduces urban
heat islands in the surrounding community, while also making
school grounds more comfortable for both students and staff.
(10) A living schoolyard that is park-like with trees and
other plantings provides a peaceful, comfortable, and
aesthetically pleasant environment for all students, and has
been shown to increase physical activity, enhance brain
development and function, improve vision and sleep, boost
immune system health, and reduce risk of infectious and chronic
disease among children. These spaces have been shown to improve
mental health and the ability to pay attention for both
children and adults. These spaces also have been shown to
reduce stress, anxiety, and depressive symptoms, strengthen a
sense of belonging, and restore a sense of calm and well-being
and positive social behavior among students and staff.
(11) An on-campus living and green space, which can include
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) Children should be given the opportunity to reflect
and embrace their local ecological, social, and cultural
context in both recreational and instructional settings.
(13) Living schoolyards 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.
(14) Outdoor activity is essential to learning, health, and
the overall quality of student life.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``educational service agency'',
``elementary school'', ``local educational agency'', and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) an educational service agency; or
(C) a nonprofit organization that has expertise in
outdoor learning spaces or outdoor education working in
partnership with a local educational agency.
(3) 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 a wide range of
hands-on learning resources, and fosters nature play
and social opportunities while enhancing health and
well-being of children and adults; and
(B) may include climate appropriate trees and
plants, cultivated gardens, outdoor meeting and
gathering areas, and other non-petroleum-based elements
designed by, and for, the students and the surrounding
community.
(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) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM FOR OUTDOOR LEARNING SPACES.
(a) Authorization of Program.--
(1) Reservation for bureau of indian education.--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
eligible entities to enable the eligible entities to plan,
design, and construct outdoor learning spaces.
(3) Priorities.--In awarding grants under this section, the
Secretary shall give priority to--
(A) eligible entities that serve 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.),
which 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; and
(B) eligible entities that are--
(i) rural high-need local educational
agencies with locale codes 32, 33, 41, 42, or
43; or
(ii) educational service agencies serving
rural high-need local educational agencies with
locale codes 32, 33, 41, 42, or 43.
(4) Grant amounts.--A grant awarded under this section
shall be in an amount equal to not less than $25,000 and not
more than $100,000 for each school to be served by the eligible
entity with the grant.
(b) Applications.--An eligible entity 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:
(1) An identification of each public elementary school and
secondary school served by the eligible entity that will
receive assistance with grant funding provided under this
section.
(2) The timeframe needed to prepare outdoor learning spaces
and the timeframe to begin using outdoor learning spaces.
(3) The percentage of students the eligible entity 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.). 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.
(4) The projected number of schools that would participate
in the outdoor learning spaces.
(5) The projected number of students and staff that would
participate in the outdoor learning spaces on a daily basis.
(6) 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.
(7) A description of how the eligible entity will consider
access needs in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.).
(c) Use of Funds.--
(1) In general.--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 comply with at least 1 of the following:
(A) 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.
(B) Replacement of asphalt, concrete, or pavement,
including a consideration of materials that do not
retain heat, and soil conditioning.
(C) The installation of electricity and outlets or
portable generators that benefits student learning.
(D) The installation of outdoor furniture, such as
seating and tables or work surfaces, for staff and
students.
(E) 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.
(F) The installation of outdoor wifi nodes, and
potable charging stations.
(G) The installation of outdoor food service
facilities for serving, eating, and waste management.
(H) The installation of school garden
infrastructure and plantings, such as raised garden
beds, potting soil, spigots, waterlines, irrigation and
installation of native, low water, and food-producing
plants that may help block the wind or provide shade.
(I) The installation of open-ended, permanent
canopies or shelters that protect students from sun,
rain, or wind during outdoor activities.
(J) The installation of open-sided, permanent
outdoor structures, with or without large retractable
doors.
(2) Cap on amount used for play and recreation amenities.--
An eligible entity that receives a grant under this section may
use not more than 50 percent of the grant funds for the costs
associated with the installation of play and recreation
amenities. In the installation of play and recreation
amenities, an eligible entity shall place an emphasis on
amenities made of non-petroleum-based, natural materials.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2024 through 2028.
SEC. 5. LIVING SCHOOLYARD PROJECTS.
(a) Planning Grants.--
(1) In general.--The Secretary shall award planning grants
to eligible entities to enable the eligible entities to develop
master plans, 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 entities
into living schoolyards.
(2) Applications.--An eligible entity 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 professional development in
order to support educators in utilizing the living
schoolyard.
(C) Identification of State learning standards that
may be addressed through student involvement in the
living schoolyard.
(D) A plan for how the eligible entity will provide
for maintenance and operation of the living schoolyard
after the grant period ends.
(3) Master plan.--
(A) In general.--An eligible entity that receives a
grant under this subsection 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--
(i) be developed with community input,
including students, families, educators, and
school staff;
(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, climate, and
biodiversity goals;
(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 maintain
the living schoolyards over time.
(B) Components of a living schoolyard.--The master
plan developed under subparagraph (A) may include the
following living schoolyard components:
(i) Growing food, planting pollinator
plants, and creating habitat for wildlife.
(ii) Conserving water, managing stormwater
and observing things in nature.
(iii) Supporting hands-on learning for
prekindergarten through grade 12 activities and
programs across subject areas and grade levels,
such as conducting experiments regarding soil,
wind, water, and other elements.
(iv) Using the arts to prepare skits,
plays, murals, drawings, and sculptures that
celebrate nature, including its animals,
plants, patterns, and behaviors.
(v) 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.
(vi) 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.
(b) Implementation Grants.--
(1) In general.--The Secretary shall award implementation
grants to eligible entities that received a planning grant
under subsection (a) and developed a master plan in accordance
with subsection (a).
(2) Applications.--An eligible entity 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.
An eligible entity may apply for more than 1 grant in order to
complete individual schools in separate phases.
(3) Use of funds.--
(A) In general.--An eligible entity that receives a
grant under this subsection shall use the grant funds
to implement some or all of the master plan developed
in accordance with subsection (a) 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.
(B) Permissible uses.--An eligible entity that
receives a grant under this subsection may use not more
than 25 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 clause
(i).
(4) Match.--
(A) In general.--An eligible entity 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 an eligible
entity 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.). 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.
(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,
professionals, and other community members 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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