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What is NYC AC § 18-167?

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This section mandates the Department of Education to report on public access to school playgrounds after school and on weekends, prioritizing those in environmental justice areas. The report must include a list of playgrounds, responsibilities of involved departments, budget estimates, and potential challenges. Applies to the Department of Education and relevant city agencies.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 18-167 Public access to school playgrounds.

AC § 18-167

a. Definitions. For purposes of this section, the following terms have the following meanings: Environmental justice area. The term “environmental justice area” has the same meaning as set forth in section 3-1001. Playground. The term “playground” means any premises or grounds of a public school or other facility owned or operated by or on behalf of the department of education or by a charter school that contains any device, structure, or implement, fixed or portable, used or intended to be used by persons under the age of 18 for recreational or athletic purposes, including, but not limited to, play equipment such as a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool, obstacle course, swimming pool, seesaw, baseball diamond, athletic field, or basketball court. b. No later than 75 days after the effective date of the local law that added this section, and annually thereafter, the department of education, in consultation with the department and the school construction authority, shall submit to the mayor and the speaker of the council a report about playgrounds to which the department of education may provide access to the public after school on weekdays when school is in session, and from 8:00 a.m. to dusk on weekends and on weekdays when school is not in session. Such report shall not include any playground to which the department of education, as of the date immediately preceding the effective date of the local law that added this section, provided access to the public after school on weekdays when school is in session, or from 8:00 a.m. to dusk on weekends or on weekdays when school is not in session. Such report shall prioritize access to playgrounds located in environmental justice areas. Such report shall include, but need not be limited to: 1. A list of no less than 15 playgrounds, including no less than 1 playground located in an environmental justice area, that the department of education may operate and maintain for use by the public after school on weekdays when school is in session, and from 8:00 a.m. to dusk on weekends and on weekdays when school is not in session, and the reason the department of education included each such playground on such list; 2. A description of the duties and responsibilities of the department and the department of education in relation to operating and maintaining any playground on such list; 3. The estimated budget required to operate and maintain all such playgrounds after school on weekdays when school is in session, and from 8:00 a.m. to dusk on weekends and on weekdays when school is not in session; and 4. Any anticipated challenges in relation to providing access to the public to any such playground during such days and times. (L.L. 2025/098, 7/30/2025, eff. 7/30/2025)

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