[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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