Bill Text: NY S02485 | 2009-2010 | General Assembly | Amended

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Bill Title: Directs the chancellor of the city school district of city over 1 million to inventory and report on the outdoor playgrounds of such district.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2010-10-20 - VETOED MEMO.6831 [S02485 Detail]

Download: New_York-2009-S02485-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2485--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2009
                                      ___________
       Introduced  by  Sens.  KLEIN,  DIAZ,  ESPADA, HASSELL-THOMPSON, HUNTLEY,
         KRUEGER, MONTGOMERY, SAMPSON -- read twice and  ordered  printed,  and
         when  printed  to be committed to the Committee on Education -- recom-
         mitted to the Committee on Education in accordance with Senate Rule 6,
         sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       AN ACT to amend the education law, in relation to directing the chancel-
         lor  of  a  city  school district in a city having a population of one
         million or more to inventory and report upon the  outdoor  playgrounds
         within such district
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2556 of the education law is amended  by  adding  a
    2  new subdivision 14 to read as follows:
    3    14.  A.    THE CHANCELLOR OF A CITY SCHOOL DISTRICT IN A CITY HAVING A
    4  POPULATION OF ONE MILLION OR MORE SHALL  COMPILE  AN  INVENTORY  OF  AND
    5  ISSUE  A WRITTEN REPORT ABOUT THE OUTDOOR PLAYGROUNDS IN THE CITY SCHOOL
    6  DISTRICT. SUCH INVENTORY AND REPORT SHALL:
    7    (I) IDENTIFY EACH OUTDOOR PLAYGROUND LOCATED  AT  EDUCATIONAL  FACILI-
    8  TIES,  AS  DEFINED  IN  SUBDIVISION  NINE OF SECTION TWENTY-FIVE HUNDRED
    9  NINETY-A OF THIS TITLE, OF THE CITY SCHOOL DISTRICT. EACH OUTDOOR  PLAY-
   10  GROUND SHALL BE IDENTIFIED BY THE COMMUNITY SCHOOL DISTRICT IN WHICH THE
   11  OUTDOOR PLAYGROUND IS LOCATED, ITS ADDRESS, SIZE AND PHYSICAL CONDITION;
   12    (II)  IDENTIFY  WHICH OUTDOOR PLAYGROUNDS ARE USED FOR PHYSICAL EDUCA-
   13  TION, ACTIVITY AND/OR RECREATION; FOR EACH SUCH  OUTDOOR  PLAYGROUND,  A
   14  DESCRIPTION  OF  HOW OFTEN STUDENTS OF THE CITY DISTRICT USE THE OUTDOOR
   15  PLAYGROUND, THE ACTIVITIES CONDUCTED, AND ANY LIMITATIONS ON THE USES OF
   16  THE PLAYGROUND;
   17    (III) IDENTIFY WHICH OUTDOOR PLAYGROUNDS ARE  NOT  USED  FOR  PHYSICAL
   18  EDUCATION, ACTIVITY OR RECREATION. FOR EACH SUCH PLAYGROUND, AN EXPLANA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05253-06-0
       S. 2485--A                          2
    1  TION OF WHY IT IS NOT BEING USED FOR PHYSICAL EDUCATION, PHYSICAL ACTIV-
    2  ITY OR RECREATION BY STUDENTS OF THE CITY SCHOOL DISTRICT;
    3    (IV)  A  DESCRIPTION OF HOW EACH OUTDOOR PLAYGROUND IS USED DURING THE
    4  SCHOOL DAY AND AFTER SCHOOL BY STUDENTS OF THE CITY SCHOOL DISTRICT;
    5    (V) FOR EACH OUTDOOR PLAYGROUND, A DESCRIPTION OF  THE  CAPITAL  PLANS
    6  FOR  CONSTRUCTION, PLACEMENT, RENOVATION AND/OR RECONFIGURATION THEREOF,
    7  AND ANY PLAN TO INCREASE OR DECREASE THE  AVAILABILITY  AND  UTILIZATION
    8  THEREOF; AND
    9    (VI)  ANY OTHER FACTS, INFORMATION AND RECOMMENDATIONS WHICH THE CHAN-
   10  CELLOR DEEMS NECESSARY TO IMPROVE THE OUTDOOR PLAYGROUNDS OF THE  EDUCA-
   11  TIONAL  FACILITIES  OF THE CITY SCHOOL DISTRICT. SUCH IMPROVEMENTS SHALL
   12  BE THOSE THAT  ENHANCE  THE  PHYSICAL  EDUCATION,  PHYSICAL  AND  MENTAL
   13  FITNESS, AND WELL-BEING OF THE STUDENTS OF THE CITY DISTRICT.
   14    B.  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, THE CHAN-
   15  CELLOR SHALL SUBMIT THE INVENTORY AND REPORT, COMPILED PURSUANT TO PARA-
   16  GRAPH A OF THIS SUBDIVISION, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
   17  THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE DEPARTMENT.
   18    C. FOR THE PURPOSES OF THIS SUBDIVISION,  "OUTDOOR  PLAYGROUND"  MEANS
   19  OUTDOOR SPACE WHICH IS LOCATED AT EDUCATIONAL FACILITIES, AND IS USED OR
   20  INTENDED  TO BE USED BY STUDENTS FOR PHYSICAL EDUCATION, PHYSICAL ACTIV-
   21  ITY AND/OR RECREATION.
   22    S 2. Section 2590-h of the education law is amended by  adding  a  new
   23  subdivision 52 to read as follows:
   24    52.  TO  COMPILE  AN INVENTORY OF AND ISSUE A WRITTEN REPORT ABOUT THE
   25  OUTDOOR PLAYGROUNDS IN THE CITY DISTRICT,  AS  REQUIRED  BY  SUBDIVISION
   26  FOURTEEN OF SECTION TWENTY-FIVE HUNDRED FIFTY-SIX OF THIS TITLE.
   27    S  3. This act shall take effect immediately, provided that the amend-
   28  ments to section 2590-h of the education law, made  by  section  two  of
   29  this  act,  shall  not  affect  the expiration of such section and shall
   30  expire therewith.