[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1538 Introduced in Senate (IS)]

<DOC>






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.
                                 <all>