,,ii #aaith ,,congress #b;d ,session ,s4 #dbeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to authorize the ,secretary of ,education to award grants to revitalize schoolyards4 #a4 ,short title ,this ,act may be cited as the ,revitalizing ,america's ,schoolyards ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency2 7,b7 an educational service agency2 or 7,c7 a nonprofit organization that has expertise in outdoor learning1 nature play1 spaces1 or outdoor education working in partnership with a local educational agency4 7#b7 ,,esea terms ,the terms educational service agency1 elementary school1 high school1 local educational agency1 and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,revitalized schoolyard ,the term revitalized schoolyard-- 7,a7 means a park-like outdoor environment at an elementary school or secondary school that has been updated to-- 7i7 strengthen local ecological systems2 7ii7 provide a range of hands-on learning resources2 and 7iii7 foster nature play and social opportunities while enhancing the health and well-being of children and adults2 and 7,b7 may-- 7i7 include-- 7,i7 trees and plants where children can access them2 7,,ii7 cultivated gardens2 7,,iii7 outdoor meeting and gathering areas2 and 7,,iv7 other elements designed by1 and for1 the students and the surrounding community2 and 7ii7 serve as a facility for shared public use4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#e7 ,shared public use ,the term shared public use means use as public facility that1 to the extent feasible1 is open and accessible to the public1 outside of school hours1 but during daylight hours4 #c4 ,grant cohort structure1 duration1 and amount 7a7 ,reservation for tribal educational agencies including the ,bureau of ,indian ,education ,from the amount appropriated to carry out this ,act for a fiscal year1 the ,secretary shall reserve #e percent for the ,secretary of the ,interior to carry out this ,act for schools operated by the ,bureau of ,indian ,education or schools that are operated by an ,indian ,tribe1 or an organization controlled or sanctioned by an ,indian tribal government1 for the children of that ,tribe under a contract with1 or grant from1 the ,department of the ,interior under the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #ecba et seq47 or the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq474 7b7 ,cohort structure 7#a7 ,in general ,grants awarded under this ,act shall be awarded in cohorts on a biennial cycle4 7#b7 ,eligibility ,each cohort shall be eligible for-- 7,a7 a planning grant described in section #d7;a7 in the first year2 and 7,b7 subject to the availability of appropriated funds and a determination by the ,secretary that the grantee has demonstrated the viability of the proposed project1 an implementation grant described in section #d7;b7 in the second year4 7#c7 ,criteria for viability ,the ,secretary shall establish criteria for determining viability under paragraph 7#b71 which may include the adequacy of the concept plan described in section #d7;a77#c77;,a74 7c7 ,grant amounts and duration 7#a7 ,grant amounts ,from the amount remaining for a fiscal year after making the reservation under subsection 7a71 the ,secretary shall use-- 7,a7 #cj percent of such amount to award planning grants under section #d7;a72 and 7,b7 #gj percent of such amount to award implementation grants under section #d7;b74 7#b7 ,amounts ,an eligible entity may receive not more than #a1jjj1jjj in grant awards for both a planning grant and implementation grant in total under section #d4 7#c7 ,duration ,planning grants and implementation grants awarded under section #d shall each be for a period of not more than #b years1 for a total of #d years4 7#d7 ,reallocation ,the ,secretary may authorize the reallocation of funds awarded under a planning grant to support implementation activities in a subsequent fiscal year1 provided such reallocation does not exceed the total award cap established under this section and is consistent with the purposes of the grant4 7d7 ,surplus funds 7#a7 ,use of surplus funds for additional grant awards ,if1 after awarding initial planning grants1 the ,secretary determines that remaining unobligated funds are available due to awardees requesting less than the maximum grant amount or due to denial of applications for failure to demonstrate concept plan viability under section #d7;a77#c77;,a71 the ,secretary may use such remaining funds to make additional grant awards to other eligible entities from the same application cycle1 if-- 7,a7 such applicants meet or exceed the minimum criteria for awards established in the notice inviting applications2 7,b7 the total amount awarded in a fiscal year does not exceed the amount appropriated for that year2 and 7,c7 such additional awards do not exceed the maximum grant amount specified under subsection 7c74 7#b7 ,priority ,in making additional awards1 the ,secretary shall prioritize applicants that scored highly1 but were not initially funded due to funding limitations4 #d4 ,planning grants and implementation grants 7a7 ,planning grants 7#a7 ,in general ,the ,secretary shall award planning grants to eligible entities to enable the eligible entities to develop concept plans described in paragraph 7#c7 to turn some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entities into revitalized schoolyards4 7#b7 ,applications ,an eligible entity that desires to receive a grant under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 including the following3 7,a7 ,an initial scope of work briefly summarizing the project4 7,b7 ,a plan for educator professional development to support educators in using the revitalized schoolyard4 7,c7 ,identification of ,state learning standards that may be addressed through student involvement in the revitalized schoolyard4 7,d7 ,a plan for how the eligible entity will provide for maintenance and operation of the revitalized schoolyard after the grant period ends4 7#c7 ,use of funds 7,a7 ,concept plan ,an eligible entity that receives a grant under this subsection shall use the grant funds to develop a concept plan1 including design and construction documents1 to turn some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entity into revitalized schoolyards4 ,such concept plan shall comply with the following3 7i7 ,be developed with school and public input1 including students1 families1 educators1 school staff1 and the public4 7ii7 ,be developed with the goal of longevity and resilience of the revitalized schoolyard after the grant period under this subsection and subsection 7b7 has expired4 7iii7 ,maximize investment in schools with low tree canopy and vulnerability to extreme heat or flooding4 7iv7 ,maximize investment in schools with a high percentage of students eligible for a free or reduced-price lunch under the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7v7 ,include-- 7,i7 ecological1 climate1 and biodiversity goals2 7,,ii7 learning and education goals2 7,,iii7 physical and mental health goals2 7,,iv7 a description of how the entity will provide accessibility in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,v7 the number of students to be served at each school served under the grant1 the total size of each such school property in acres1 and the size of the proposed revitalized schoolyard at each site in acres2 7,,vi7 a concept plan drawing of the design proposed for each school served under the grant2 7,,vii7 an estimate of the probable cost based on the scope of work identified in the concept plan2 7,,viii7 an identification of community partners1 including nonprofit organizations or design professionals1 that have expertise in outdoor learning spaces or outdoor education1 if applicable2 7,,ix7 a long-term management plan describing how the eligible entity proposes to maintain the revitalized schoolyard over time and how the concept plan relates to other district plans2 and 7,x7 how components of the site design may address-- 7aa7 growing food1 planting pollinator plants1 creating habitat for wildlife1 and creating amenities to support students in observing nature and participating in school gardens2 7bb7 conserving water and managing stormwater2 7cc7 supporting hands-on learning activities and programs across subject areas and grade levels1 such as conducting experiments regarding soil1 wind1 water1 and other elements2 7dd7 using the arts1 such as preparing skits1 plays1 murals1 drawings1 and sculptures that celebrate nature1 including its animals1 plants1 patterns1 and behaviors1 to strengthen learning objectives2 7ee7 planting1 to the extent practicable1 native and nonnative species1 which-- 7,,aa7 directly protect students from the effects of extreme heat due to climate change2 and 7,,bb7 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 year2 and 7ff7 the use of natural playgrounds1 which include natural and nature-based elements1 such as rock gardens1 sand boxes1 log stumps1 streams1 living plants1 or innovative playground elements1 that encourage gross motor play and integrated with the outdoor landscape and vegetation1 and which-- 7,,aa7 will absorb less heat from the sun and air than traditional playgrounds and equipment2 7,,bb7 are inclusive and accessible for children of all abilities2 7,,cc7 allow children to learn about nature2 and 7,,dd7 use non-petroleum-based materials4 7,b7 ,technical assistance 7i7 ,in general ,an eligible entity that receives a grant under this subsection may use grant funds to hire or contract a qualified grant writer or consultant as an allowable administrative cost to assist the eligible entity in preparing and submitting an application for an implementation grant under subsection 7b74 7ii7 ,maximum amount ,an eligible entity may use not more than #aj percent of the total grant award to hire or contract a qualified grant writer or consultant as described in clause 7i74 7b7 ,implementation grants 7#a7 ,in general ,the ,secretary shall award implementation grants to eligible entities that received a planning grant under subsection 7a7 and developed a concept plan in accordance with subsection 7a74 7#b7 ,applications 7,a7 ,in general ,an eligible entity that desires to receive a grant under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7,b7 ,multiple grants ,an eligible entity may apply for more than #a grant under this subsection in order to complete individual schools in separate phases4 7#c7 ,use of funds 7,a7 ,in general ,an eligible entity that receives a grant under this subsection shall use the grant funds to implement some or all of the concept plan developed in accordance with subsection 7a7 by turning some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entity into revitalized schoolyards4 7,b7 ,permissible uses ,an eligible entity that receives a grant under this subsection may use not more than #be percent of the grant funds-- 7i7 for professional development for school leadership1 educators1 and paraprofessionals related to outdoor teaching and bringing students outside for learning2 and 7ii7 to support an educator or other school staff member or school partner to establish1 maintain1 and steward the revitalized schoolyard of the elementary schools and secondary schools served by the eligible entity and provide professional development described in clause 7i74 7#d7 ,match 7,a7 ,in general ,an eligible entity that receives a grant under this subsection shall provide matching funds from non-,federal sources in an amount equal to #bj percent of the grant award4 7,b7 ,waiver ,the ,secretary may waive the matching requirement under subparagraph 7,a7 for an eligible entity that-- 7i7 receives a grant under this subsection and serves students not less than #dj percent of whom are eligible for a free or reduced-price lunch under the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 which calculation1 in the case of high schools served by the eligible entity1 may be completed using comparable data from the schools that feed into the high schools2 or 7ii7 receives a grant under this subsection and serves a school described in section #c7;a74 #e4 ,priority ,in awarding grants under this ,act1 the ,secretary shall give competitive priority to an eligible entity-- 7#a7 that serves students not less than #ge percent of whom are eligible for a free or reduced-price lunch under the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 which calculation1 in the case of high schools served by the eligible entity1 may be completed using comparable data from the schools that feed into the high schools2 or 7#b7 that serves a school-- 7,a7 that serves students not less than #ge percent of whom are eligible for a free or reduced-price lunch under the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 which calculation1 in the case of high schools served by the eligible entity1 may be completed using comparable data from the schools that feed into the high schools2 and 7,b7 where the proposed revitalized schoolyard will be developed4 #f4 ,clearinghouse ,the ,secretary shall maintain a clearinghouse of information that-- 7#a7 provides examples of outdoor learning spaces1 including successful models being used2 7#b7 includes input from nonprofit organizations1 professionals1 and other community members with expertise in outdoor learning spaces and environmental education2 7#c7 provides links and information about ,state and local entities with expertise in outdoor learning spaces and environmental education2 7#d7 reflects best practices on designs for outdoor spaces relating to nature play1 non-petroleum based materials1 maintenance1 stewardship resources1 example partnership programs1 green infrastructure in schools examples1 outdoor learning resources1 lesson plans1 and planning tools2 and 7#e7 is housed within the ,national ,center on ,school ,infrastructure1 or other clearinghouse1 as appropriate4 #g4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act such sums as may be necessary for each of fiscal years #bjbg through #bjca4