II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Living Schoolyards Act 

5 of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) City planning and urban development often 

9 disconnect communities from natural systems, such 

10 as forests, waterways, and wildlife habitats. Existing 


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1 green spaces in our cities are not evenly distributed 

2 and the presence of neighborhood parks and nature3 rich school grounds are strongly correlated with in4 come in most cities across the United States. This 

5 means that communities with the fewest resources 

6 usually also have the least access to nature in their 

7 neighborhoods and on their school grounds. 

8 (2) Environmental sustainability has become a 

9 high priority in planning and design and should be 

10 incorporated in construction and renovation of 

11 schools across urban, suburban, and rural districts. 

12 (3) School districts are 1 of the largest land 

13 managers in almost every city and town in the 

14 United States. The choices schools and districts 

15 make about how they manage their land directly im16 pacts students’ daily experiences, mental and phys17 ical health, and learning outcomes. Schools can ben18 efit their students, educators, and surrounding com19 munities through thoughtful design and use of their 

20 grounds, paying mind to local ecological, social, and 

21 cultural context. 

22 (4) On-campus green space designs have envi23 ronmental and ecological resilience benefits, such as 

24 stormwater management, rainwater collection, car25 bon and runoff sequestration, air quality improveVerDate Sep 11 2014 23:45 Oct 11, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4993.IS S4993

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1 ment, wildlife habitat restoration, and ecological re2 siliency. 

3 (5) The amount of time the average American 

4 child spends outdoors and distance traveled from the 

5 home unsupervised are in constant decline. 

6 (6) Adding green spaces to schoolyards has 

7 been linked to persistent changes in recess behavior, 

8 including increased physical activity and social col9 laboration. 

10 (7) Children spend a significant portion of their 

11 day on their school campuses, amounting to at least 

12 840 instructional hours per year from grades 1 to 3, 

13 inclusive, and up to 1,080 hours for grades 9 to 12, 

14 inclusive. 

15 (8) Removing pavement and adding shade trees 

16 in places that are accessible to children and youth 

17 during the school day directly protects children from 

18 high temperatures and reduces urban heat islands in 

19 the surrounding community, while also making 

20 school grounds more comfortable for both children 

21 and adults. 

22 (9) An ecological schoolyard with trees and 

23 other plantings provides a peaceful, comfortable, and 

24 aesthetically pleasant environment for students, par25 ticularly for those students who lack the desire or 


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1 ability to engage in competitive, fast-paced, or more 

2 structured activities. This has been shown to im3 prove mental health and the ability to pay attention 

4 for both children and adults. The presence of trees 

5 on school grounds is associated with higher academic 

6 achievement for students. 

7 (10) Ecological schoolyards provide a diverse, 

8 engaging, multi-faceted play and social environment 

9 that encourages collaborative and cooperative play 

10 and social interaction, reducing the aggression and 

11 bullying that occurs on traditional playgrounds. 

12 (11) An on-campus green space, such as a 

13 school garden, is a fundamental component of a 

14 school environment intended to include and empower 

15 students, giving them a sense of place and commu16 nity. 

17 (12) Schools are devoted to nurturing each 

18 child’s physical, cognitive, social, and emotional de19 velopment and ability to assess challenging situa20 tions and make intelligent choices. 

21 (13) Children should be given the opportunity 

22 to reflect and embrace their local ecological, social, 

23 and cultural context in both recreational and in24 structional settings. 


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1 (14) Outdoor learning spaces provide clearer 

2 context and hands-on teaching resources for stand3 ards-based instruction in life and physical sciences, 

4 health and nutrition, social science, mathematics, 

5 reading and creative writing, visual and performing 

6 art, and other subject areas. 

7 (15) Outdoor activity is essential to learning, 

8 health, and the overall quality of student life. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ELEMENTARY SCHOOL.—The term ‘‘elemen12 tary school’’ means a public institutional day or resi13 dential school, including a public elementary charter 

14 school, that provides elementary education, as deter15 mined under State law. 

16 (2) LIVING SCHOOLYARD.—The term ‘‘living 

17 schoolyard’’— 

18 (A) means a park-like outdoor environment 

19 at an elementary school or secondary school 

20 that strengthens local ecological systems, pro21 vides hands-on learning resources, and fosters a 

22 wide range of play and social opportunities 

23 while enhancing health and well-being of chil24 dren and adults; and 


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1 (B) may include trees, gardens, outdoor 

2 meeting areas, and other elements designed by, 

3 and for, the students and the surrounding com4 munity. 

5 (3) LOCAL EDUCATIONAL AGENCY.—The term 

6 ‘‘local educational agency’’ has the meaning given 

7 the term in section 8101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7801). 

9 (4) OUTDOOR LEARNING SPACE.—The term 

10 ‘‘outdoor learning space’’ means an outdoor physical 

11 space on school grounds that is— 

12 (A) dedicated to meet or conduct cur13 riculum-tied activities; 

14 (B) a dedicated space for outdoor class15 rooms that has seating and tables installed for 

16 students and teachers to meet regularly; or 

17 (C) a place that is used when the need 

18 arises to take learning outdoors. 

19 (5) SECONDARY SCHOOL.—The term ‘‘sec20 ondary school’’ has the meaning given the term in 

21 section 8101 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7801). 

23 (6) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Education. 


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1 SEC. 4. GRANT PROGRAM FOR OUTDOOR LEARNING 

2 SPACES. 

3 (a) AUTHORIZATION OF PROGRAM.— 

4 (1) RESERVATION FOR BIE.—From the amount 

5 appropriated under subsection (d) to carry out this 

6 section for a fiscal year, the Secretary shall reserve 

7 5 percent for the Secretary of the Interior to carry 

8 out this section for schools operated by the Bureau 

9 of Indian Education or schools that are operated by 

10 an Indian tribe, or an organization controlled or 

11 sanctioned by an Indian tribal government, for the 

12 children of that tribe under a contract with, or grant 

13 from, the Department of the Interior under the In14 dian Self-Determination Act (25 U.S.C. 5321 et 

15 seq.) or the Tribally Controlled Schools Act of 1988 

16 (25 U.S.C. 2501 et seq.). 

17 (2) AUTHORIZATION.—The Secretary shall 

18 award grants to local educational agencies to enable 

19 the local educational agencies to develop outdoor 

20 learning spaces. 

21 (3) GRANT AMOUNTS.—A grant awarded under 

22 this section shall be in an amount equal to not less 

23 than $10,000 and not more than $50,000 for each 

24 school to be served by the local educational agency 

25 with the grant. 

26 (b) APPLICATIONS.— 


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1 (1) IN GENERAL.—A local educational agency 

2 that desires to receive a grant under this section 

3 shall submit an application to the Secretary at such 

4 time, in such manner, and accompanied by such in5 formation as the Secretary may require, including 

6 the following: 

7 (A) An identification of each elementary 

8 school and secondary school served by the local 

9 educational agency that will receive assistance 

10 with grant funding provided under this section. 

11 (B) The timeframe needed to prepare out12 door learning spaces and the timeframe to 

13 begin using outdoor learning spaces. 

14 (C) The percentage of students the local 

15 educational agency serves who are eligible for a 

16 free or reduced price lunch under the Richard 

17 B. Russell National School Lunch Act (42 

18 U.S.C. 1751 et seq.). 

19 (D) The projected number of schools that 

20 would participate in the outdoor learning 

21 spaces. 

22 (E) The projected number of students and 

23 staff that would participate in the outdoor 

24 learning spaces on a daily basis. 


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1 (F) A description of how the local edu2 cational agency will assist students and staff 

3 that may need inclement weather clothing to 

4 participate in the outdoor learning spaces. 

5 (2) PARTNERSHIP.—A local educational agency 

6 may submit an application under paragraph (1) in 

7 partnership with a nonprofit organization that has 

8 expertise in outdoor learning spaces or outdoor edu9 cation. 

10 (c) USE OF FUNDS.—A local educational agency that 

11 receives a grant under this section shall use the grant 

12 funds to develop outdoor learning spaces. Such outdoor 

13 learning spaces shall comply with at least 1 of the fol14 lowing: 

15 (1) The installation of canopies, tents, or simi16 lar structures that maximize air flow while providing 

17 shade and rain protection, including, if walls are in18 cluded, any accommodations for reducing COVID– 

19 19 virus transmission recommended by the Centers 

20 for Disease Control and Prevention or local public 

21 health authorities. 

22 (2) The installation of open sided permanent 

23 outdoor structures, with or without large retractable 

24 doors. 


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1 (3) The installation of electricity and outlets or 

2 portable generators that benefits student learning. 

3 (4) The installation of outdoor furniture, such 

4 as seating and tables or work surfaces, for staff and 

5 students. 

6 (5) The availability of storage for outdoor 

7 teaching materials or wagons or carts for each 

8 teacher to transport supplies to and from the out9 door learning spaces. 

10 (6) The installation of outdoor wifi nodes, and 

11 potable charging stations. 

12 (7) The installation of outdoor food service fa13 cilities for serving, eating, and waste management. 

14 (8) The installation of school garden infrastruc15 ture and plantings, such as raised garden beds, pot16 ting soil, hoses, and installation of native, low water, 

17 and food-producing plants that may help block the 

18 wind or provide shade. 

19 (9) The installation or planting of shade trees, 

20 positioned on school grounds where students can ac21 cess them during the school day. Planting locations 

22 for shade trees shall be selected to improve the ther23 mal comfort of outdoor learning spaces. 

24 (10) Removal of asphalt, concrete, or pavement, 

25 and soil conditioning. 


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1 (11) The availability of weather related clothing 

2 and footwear. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $25,000,000 for each of fiscal years 2023 through 2027. 

6 SEC. 5. LIVING SCHOOLYARD PROJECTS. 

7 (a) PLANNING GRANTS.— 

8 (1) IN GENERAL.—The Secretary shall award 

9 planning grants to local educational agencies to en10 able the agencies to develop master plans to turn 

11 some or all of the outdoor spaces of the elementary 

12 schools and secondary schools served by the agencies 

13 into living schoolyards. 

14 (2) APPLICATIONS.—A local educational agency 

15 that desires to receive a grant under this subsection 

16 shall submit an application to the Secretary at such 

17 time, in such manner, and accompanied by such in18 formation as the Secretary may require, including 

19 the following: 

20 (A) An outline for, that includes the scope 

21 of, the master plan described in paragraph (3). 

22 (B) A plan for educator training and pro23 fessional development in order to train teachers 

24 in utilizing the living schoolyard. 


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1 (C) Identification of State learning stand2 ards that may be addressed through student in3 volvement in the living schoolyard. 

4 (3) MASTER PLAN.— 

5 (A) IN GENERAL.—A local educational 

6 agency that receives a grant under this sub7 section shall use the grant funds to develop a 

8 master plan to turn some or all of the outdoor 

9 spaces of the elementary schools and secondary 

10 schools served by the agency into living school11 yards. Such master plan shall— 

12 (i) be developed with community 

13 input; 

14 (ii) be developed with the goal of lon15 gevity and resilience of living schoolyards 

16 after the grant period under this sub17 section and subsection (b) has expired; and 

18 (iii) include— 

19 (I) ecological goals; 

20 (II) education and health goals; 

21 (III) the number of students to 

22 be served at each school served under 

23 the grant, the total size of each such 

24 school property in acres, and the size 


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1 of the proposed living schoolyard at 

2 each site in acres; 

3 (IV) a master plan drawing of 

4 the living schoolyard design proposed 

5 for each school served under the 

6 grant; 

7 (V) an identification of commu8 nity partners, including nonprofit or9 ganizations that have expertise in out10 door learning spaces or outdoor edu11 cation, if applicable; and 

12 (VI) a longevity plan for how the 

13 local educational agency proposes to 

14 maintain the living schoolyards over 

15 time. 

16 (B) COMPONENTS OF A LIVING SCHOOL17 YARD.—The master plan developed under sub18 paragraph (A) may include the following de19 signs for the living schoolyard: 

20 (i) Growing food, planting pollinator 

21 plants, and creating habitat for wildlife. 

22 (ii) Conserving water and observing 

23 things in nature. 


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1 (iii) Drawing objects found in nature, 

2 documenting season’s change, and tem3 peratures. 

4 (iv) Conducting experiments regarding 

5 soil, wind, water, and other elements. 

6 (v) Using the arts to prepare skits, 

7 plays, murals, drawings, and sculptures 

8 that celebrate nature, including its ani9 mals, plants, patterns, and behaviors. 

10 (vi) Displaying items found and cele11 brated, including leaves, seeds, cones, 

12 fruits, bones, and other items. 

13 (vii) Planting shade trees, which— 

14 (I) directly protect students from 

15 the effects of extreme heat due to cli16 mate change; and 

17 (II) cast shade on adjacent class18 room windows in the school building 

19 to help reduce temperatures indoors 

20 and save cooling costs during the 

21 warmest parts of the school year. 

22 (b) IMPLEMENTATION GRANTS.— 

23 (1) IN GENERAL.—The Secretary shall award 

24 implementation grants to local educational agencies 

25 that received a planning grant under subsection (a) 


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1 and developed a master plan in accordance with sub2 section (a). 

3 (2) APPLICATIONS.—A local educational agency 

4 that desires to receive a grant under this subsection 

5 shall submit an application to the Secretary at such 

6 time, in such manner, and accompanied by such in7 formation as the Secretary may require. A local edu8 cational agency may apply for more than 1 grant in 

9 order to complete individual schools in separate 

10 phases. 

11 (3) USE OF FUNDS.— 

12 (A) IN GENERAL.—A local educational 

13 agency that receives a grant under this sub14 section shall use the grant funds to carry out 

15 the master plan developed in accordance with 

16 subsection (a) by turning some or all of the out17 door spaces of the elementary schools and sec18 ondary schools served by the agency into living 

19 schoolyards. 

20 (B) PERMISSIBLE USES.—A local edu21 cational agency that receives a grant under this 

22 subsection may use the grant funds— 

23 (i) for professional development for 

24 school leadership, educators, and para25 professionals; and 


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1 (ii) to support an educator or ancil2 lary staff member to maintain the living 

3 schoolyards of the elementary schools and 

4 secondary schools served by the agency and 

5 provide professional development described 

6 in clause (i). 

7 (4) MATCH.— 

8 (A) IN GENERAL.—A local educational 

9 agency that receives a grant under this sub10 section shall provide matching funds in an 

11 amount equal to 20 percent of the grant award. 

12 (B) WAIVER.—The Secretary may waive 

13 the matching requirement under subparagraph 

14 (A) for local educational agency that receives a 

15 grant under this subsection and serves students 

16 not less than 40 percent of whom are eligible 

17 for a free or reduced price lunch under the 

18 Richard B. Russell National School Lunch Act 

19 (42 U.S.C. 1751 et seq.). 

20 (5) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to carry out 

22 this section $150,000,000 for each of fiscal years 

23 2023 through 2027. 


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1 SEC. 6. CLEARINGHOUSE. 

2 The Secretary shall maintain a clearinghouse of in3 formation that— 

4 (1) provides examples of outdoor learning 

5 spaces, including successful models being used; 

6 (2) includes input from nonprofit organizations 

7 with expertise in outdoor learning spaces and envi8 ronmental education; and 

9 (3) provides links and information about State 

10 and local entities with expertise in outdoor learning 

11 spaces and environmental education. 

Æ 


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