Texas the Regulatory Framework for Outdoor Learning Environments in Texas Childcare Facilities

OLE! Texas The Regulatory Framework for Outdoor Learning Environments in Texas Childcare Facilities

A Practitioner’s Guide to State Laws, Regulations, and Policies Associated with 18 Early Childhood Play and Learning Settings at Childcare Centers and Childcare Homes ! Intentionally blank. OLE! Texas The Regulatory Framework for Outdoor Learning Environments in Texas Childcare Facilities

A Practitioner’s Guide to State Laws, Regulations, and Policies Associated with 18 Early Childhood Play and Learning Settings at Childcare Centers and Childcare Homes Citation Jost, D., Cosco, N., Moore, R. & Cooper, A. 2016. The Regulatory concerns for those designing environments to allow all children (and Framework for Outdoor Learning Environments in Texas Childcare their caregivers) to take advantage of the developmental benefits of Facilities: A Practitioner’s Guide to State Laws, Regulations, and outdoor learning environments. The information contained in this Policies Associated with 18 Early Childhood Play and Learning Settings document was the most current available at the time the document at Childcare Centers and Childcare Homes. The Natural Learning was created. The document was largely reviewed and finalized in Initiative, NC State University. August 2016. Sections related to Texas Department of Family and Protective Services were reviewed by representatives of that ISBN 978‐0‐9982572‐0‐4 department in September 2016 and edited based on the feedback provided. Prior to substantive use, refer to state agencies to determine © Natural Learning Initiative & National Wildlife Federation, 2016 if updates to the standards discussed have occurred. Also, refer to local All rights reserved. PDF copies of this report may be freely jurisdictions to ensure awareness of additional laws or standards at the downloaded and electronically copied. However, no part of the local level that must be followed. whole, including photographs, may be extracted and published elsewhere in any form or by any means available now or in the Project Team future without permission of the publishers. Report prepared by the Natural Learning Initiative, North Carolina State University, and the National Wildlife Federation for the Texas Cover Photograph: First Environments Early Learning Center, Research Department of State Health Services. Triangle Park, North Carolina. Photo by the Natural Learning Initiative. Texas Department of State Health Services

Brett Spencer, Manager, Primary Prevention Branch, Health Disclaimer Promotion and Chronic Disease Prevention Section The intent of this document is to encourage early childhood outdoor Division for Disease Control and Prevention Services environment designers to understand the regulatory framework Cari Browning, MA, CTRS, CHES, Physical Activity Coordinator, affecting childcare centers and homes at the state level in Texas and Obesity Prevention Program, Health Promotion and Chronic thus more fully meet the needs of all children and the adults who work Disease Prevention Section, Division for Disease Control and with them. It is intended to help practitioners navigate five documents Prevention Services issued by the state of Texas. It is not intended as legal advice. The Natural Learning Initiative, North Carolina State University framework should be used in conjunction with other existing health, Nilda G. Cosco, PhD, PI, Research Associate Professor, Director of safety, and accessibility measures, guidelines, and standards. The Programs of NLI document does not duplicate or fully incorporate all the language in the Robin C. Moore, MCP, Dipl. Arch., Hon. ASLA, Co‐PI, Professor of laws, regulations, and policies discussed herein. It was not intended to Landscape Architecture, Director of NLI encourage practitioners to overlook or neglect health, safety, or Daniel Jost, MLA, ASLA, CPSI, Graduate Research Assistant accessibility issues that are not discussed or that are not subject to clear Karli Stephenson, Graduate Research Assistant (Graphic Design) regulation. It was not intended to provide guidance on best practices for optimizing safety, accessibility, or developmental benefits. National Wildlife Federation Fortunately, a wealth of resources is available to address specific Allen Cooper, MPP, JD, Director of Learning Table of Contents

Project Background ...... 1 Mounds and Sloping Topography ...... 16 Creating Habitat Areas ...... 27 Overview of Regulatory Environment ..... 3 Multipurpose Lawns ...... 17 Invasive Plants in Texas ...... 27 Language in Standards, Laws, and Primary Pathway ...... 18 Non‐Toxic Plants that Encourage Guidelines Associated with Specific OLE Sand Play Areas ...... 19 Play ...... 27 Settings ...... 5 Vegetable and Fruit Gardens ...... 20 Plants for Rain Gardens ...... 28 Acoustic Play Settings ...... 5 Water Play: “Hands‐in” Features...... 21 Managing Risk Related to Natural and Bird, Butterfly, and Pollinator Naturalistic Features in OLEs ...... 28 Water Tables ...... 21 Habitat ...... 6 Managing Risk Related to Playground Decks, Platforms, and Stages ...... 7 Water Play: Sprinklers and Spraying Equipment ...... 28 Features that do not Pool Water ...... 22 Dry Creek Beds and Playable Rain Summary of Health and Wellness Gardens (LID Features) ...... 8 Appendix 1: List of Interview Participants Benefits Associated with Access to and Reviewers ...... 23 Earth Play Settings ...... 9 Nature ...... 28 Grass Mazes and Tall Grass Areas ...... 10 Appendix 2: Discussion: When do Sustainable Landscape Design ...... 28 stationary natural features qualify as Groves of Small Trees or Large “stationary equipment” or “active play Shrubs ...... 11 equipment” that is subject to more Loose Parts Play Areas ...... 12 extensive standards? ...... 25 Portable Toys and Equipment ...... 12 Resources ...... 27 Natural Loose Parts/ Construction ...... 12 State Regulations for Childcare Manufactured Playground Facilities (Requirements) ...... 27 Equipment ...... 13 Voluntary Guidelines Tied to Public Stationary Natural Play Features ...... 14 Funding for Childcare Facilities in Logs ...... 14 Texas ...... 27 Boulders ...... 14 Grants for Childcare OLEs ...... 27 Stumps ...... 14 Best Practices for Creating OLEs ...... 27 Project Background foods—like kale—by teaching them to professionals on Preventing Obesity by grow their own vegetables in their Design methods and materials. During the

childcare facilities. Similar outdoor first year of OLE! Texas, its partners are Two 4-year-old boys carefully tend a learning areas may soon sprout up in working together to create demonstration batch of sand cupcakes at an outdoor childcare facilities across Texas as part of a sites that adapt best practices from “kitchen.” A girl pedals a tricycle around new initiative. elsewhere to Texas’s unique ecological looping pathway while another girl picks and regulatory environments. The goal is purple grapes off an adjacent vine. OLE! Texas is a multidisciplinary to inspire improvements to early childcare “What’s your favorite meal we make at intervention to promote early childhood OLEs throughout Texas. the center?” a teacher asks a small girl health through improving the outdoor dressed in pink. At first, the girl seems learning environment (OLE) at childcare Potential site improvements at childcare confused but then her face lights up. “Oh… facilities (childcare centers and childcare facilities may include a diverse range of Kale Salad!” she yells. “Kale Salad! Kale homes). manufactured, constructed, and natural Salad! Kale Salad! I love Kale Salad.” features and settings. Manufactured fea-

Launched in 2016, OLE! Texas is supported tures are standardized and mass-produced If this seems like an atypical response for a by the Health Promotion and Chronic in a factory. They may include manu- 4-year-old child, that may be because this Disease Prevention Section, Texas factured playground equipment such as isn’t your typical playground or childcare Department of State Health Services, and standardized swings and slides as well as center. It’s been designed to promote implemented through a statewide project loose parts such as plastic building blocks active play and to encourage kids to eat leadership team with support from the and Tonka toys. Constructed features and healthy foods—like kale—by involving Natural Learning Initiative (NLI) and settings tend to be customized and them in vegetable gardening. National Wildlife Federation (NWF). constructed on-site. They may include

concrete pathways and decks or stages It is one of eight model outdoor learning The OLE! Texas initiative aims to increase made from dimensioned lumber. Natural environments developed as part of physical activity, promote healthy eating, settings may include groves of trees, dry Preventing Obesity by Design (POD) Wake and support outdoor learning for young creek beds, and bird and butterfly habitat. County, a program developed by the children. Project components include These settings may contain stationary Natural Learning Initiative (NLI) at North training Texas landscape and design natural features such as prepared logs and Carolina State University’s College of professionals about outdoor learning natural loose parts. “Naturalization” Design. The program promotes active play environment best practices and training describes the process of establishing areas and encourages kids to eat healthy landscape and early childhood education natural settings and features in an OLE.

1 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Time spent playing in naturalized outdoor that may affect opportunities to improve A related but separate internal policy learning environments has been linked to OLE quality, including natural settings and analysis report was also created to a variety of positive health and wellness features. summarize health and developmental outcomes. It has been shown to support To execute this task, NLI and NWF benefits of natural outdoor learning gross motor development, reduce rates of conducted background research and environments and provide an overview of myopia, and increase physical activity. It structured interviews with individuals with relevant state laws, regulations, policies, reduces children’s levels of stress and a direct stake in OLE! Texas, including and funding programs. A primary task was aggression, increases concentration, and center directors, early childhood edu- to review the language contained in these lessens the symptoms associated with cators, college instructors, and facility documents to understand potential effects ADHD. It is also associated with improved regulators. Also included, were repre- on the implementation of OLE best performance on science tests and sentatives of agencies, organizations, and practices. This report was shared with the development of an environmental ethic. professional fields with potential influence OLE! Texas Leadership Team and state over OLE quality, including designers and departments. OLE Texas! encourages the creation of design instructors (see Appendix 1). Mat- settings that provide diverse opportunities erials from Texas AgriLife Extension and This guide aims to explain what is possible for play and learning across all domains the “green industry” were also reviewed. under the major policies affecting OLEs. and stages of child development, including Other resources may be referenced to fixed features, portable toys and equip- The report consists of two distinct learn about best practices for OLEs and to ment, and loose parts. Although its documents. This guide, directed towards see illustrations of completed projects. primary focus is renovation of outdoor early childhood education and design Some such resources are listed at the end areas in existing childcare facilities, the professionals, explains how standards, of this article. OLE! Texas design strategy can also be laws, and guidelines identified through applied to new construction. this process affect the design and manage- Information provided in this guide was ment of play and learning settings that the most current available at the time the This report examines the regulatory may be found in best practice outdoor it was created. Prior to using this environment for outdoor learning environ- learning environments at childcare fac- document, refer to state agencies to ments in Texas childcare facilities. It is part ilities. All settings featured in this docu- determine if updates to the standards of the OLE! Texas project. NLI and NWF ment can be designed to comply with discussed have occurred. Refer to local were asked to collaborate in identifying existing Texas requirements. jurisdictions to ensure you are aware of state-level Texas laws, regulations, additional laws or standards at the local standards, and grant/funding language level that must be followed.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 2 Overview of Regulatory In some situations, a waiver or variance “manufactured or natural…stand-alone or may be obtained from DFPS if a childcare part of a composite play structure” (See Environment operation does not meet these standards. 106.5.44). This requires submitting documentation Texas regulations recognize two main explaining how the operation is going to Childcare homes have fewer requirements types of fulltime childcare operations ensure children’s safety. Some consider- for accessibility, as “play areas located in serving children in early childhood: ations include children’s age, degree of family childcare facilities where the 1. Childcare centers, defined as serving risk, temporary nature of risk, and alter- proprietor actually resides” are excluded seven or more children outside the nate safety protocols in place. To request from the requirements of Section 240 and administrator’s own home; 2. Childcare a variance, use Form 2937, found here: the more specific requirements in Sections homes, defined as serving 12 or fewer http://www.dfps.state.tx.us/child_care/inf 206.2.17 and 1008 that are grounded in children in the administrator’s own ormation_for_providers/cclforms.asp requirements in section 240 (See 240.1). residence. A third type of childcare operation, school-age and before or after Accessibility standards cover childcare The main accessibility requirement in school programs, serve exclusively school- centers and the non-residential portions of childcare homes is to provide “at least one age children. Therefore, they are not childcare homes. Both are required to accessible route” within the play area (See addressed here. * comply with the Texas Accessibility 206.2.17.1). There are no requirements for Standards (TAS), which largely mirror the the number of play components that need Childcare Standards vary based on the 2010 ADA Accessibility Standards issued to be accessible or at ground level. type of operation. Childcare centers are by the U.S. Department of Justice (DOJ). Exceptions are settings regulated in other required to meet Minimum Standards for sections of TAS. For example, a lawn Child-care Centers (Chapter 746 of the Minimum requirements for play areas seating area intended for assembly and Texas Administrative Code) issued by the serving children over age 2 are provided stages in performance areas must be Texas Department of Family and by the TAS – Sections 206.2.17, 240, and connected to an accessible route although Protective Services (DFPS). Childcare 1008. For childcare centers, TAS specifies the lawns do not have to be wheelchair homes are required to meet Minimum how many play components must be at accessible themselves. Standards for Child-care Homes (Chapter ground level and on an accessible route. 747 of the Texas Administrative Code) also “Play component” refers to all elements in For both childcare centers and childcare issued by DFPS. Both standards cover the play areas “intended to generate specific homes, the specifications for accessible outdoor learning environment. opportunities for play, socialization, or routes in licensed outdoor areas are learning,” whether they are different than for other landscape types.

3 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Refer to TAS Section 1008 for more awarded a three-star rating, and at least The majority of this document is specific information on slopes, clearances, 9% higher reimbursements for facilities dedicated to exploring how the language ramp lengths, path widths, and use of awarded a four-star rating. These in the five documents identified above transfer platforms. percentages are minimums and local may affect the creation, design, and increases in funding based on TRS management of 18 OLE settings Texas Rising Star (TRS) is a voluntary certification can be higher. (See Texas considered to be best practices. The charts quality rating and improvement system for Government Codes §809.20 and on the following pages identify whether certification of early childhood education §2308.315). these settings are permitted in the OLEs at centers and homes that are part of the Texas childcare facilities. They identify Texas Workforce Commission (TWC) Playground equipment. Texas Health and design and management considerations subsidized childcare program. TRS is used Safety Code Section 756.061 requires that based on the laws, regulations, and to assess the quality of childcare all “playground equipment” purchased or funding programs that are or may be providers, to communicate that installed using public funds in the State of relevant to each setting. They discuss how information to parents seeking childcare, Texas (after September 1, 2009) must the settings support child development and to determine the level of funding comply with ASTM Standard F1487-07ae1, mandates found in the minimum providers receive for each TWC-subsidized published by ASTM International. standards and may contribute to the child. Licensed childcare centers and Surfacing for “the area under and around points facilities receive under the Texas licensed or registered childcare homes playground equipment” purchased with Rising Star rating system. that serve TWC-subsidized children may public funds must comply with ASTM be certified as two-star, three-star, or Standard F2223-04e1. Note: these are Specific sections that are relevant are four-star facilities, using criteria published historic standards—not the most recent identified for ease of reference. And links in the Texas Rising Star Child Care Provider editions of ASTM standards. Publicly to the standards and guidelines Certification Guidelines. funded equipment is also required to themselves may be found at the end of provide shading of bare metal surfaces to the document. TRS reimbursement rates. Texas avoid burns. Given the mature develop- Government Code §2308.315 requires ment of manufactured playground equip- *Minimum Standards for School-age and that the local workforce board provide at ment standards, the topic is recognized Before or After School Programs are found in least 5% higher reimbursements for within this report but not dealt with in Chapter 744 of the Texas Administrative Code. subsidized children attending facilities depth. Rather various other settings that Though the specifics of these standards are not addressed here, this document may be useful awarded a two-star rating, at least 7% represent OLE best practice—including for understanding certain language shared higher reimbursements for facilities natural features—are addressed in detail. with Chapters 746 and 747.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 4 State Standards, Laws, and Guidelines Associated with Specific OLE Settings

OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Acoustic Play Permitted Permitted Permitted Design Considerations Contributes Settings for childcare homes: to points Design Considerations: Design Considerations: Design Considerations: None awarded for None None Subject to this law P-OLE-01 and only if it is part of a For childcare centers P-OLE-04. Child Development Child Development freestanding only: Qualifies as a Mandates Addressed: Mandates Addressed: playground structure play component Helps meet require- Helps meet require- that is bought or subject to ments for “a variety of ments for “a variety of installed using public requirements for activities daily” and creative activities” and funds. If connected to accessibility contain- “opportunities for “opportunities for a freestanding ed in Sections 240 active play both active play both indoors playground structure, and 1008 of TAS. At indoors and outdoors.” and outdoors.” it would be required least one of each Providing “rhythm Providing “rhythm to meet ASTM F1487- type of ground level instruments” helps instruments” helps 07ae1 standards for play component must meet requirements for meet requirements for entrapment, be on an accessible activities encouraging activities encouraging protrusions, route and these large muscle large muscle entanglements, crush components must be development in development in and shear, etc. spread throughout toddlers and small toddlers and small the play area. A more muscle development muscle development in complex rule applies in pre-K children. pre-K children. to elevated components. (§746.2205, (§747.2103, §746.105 (23), §747.105 (23), §746.2507; §746.2607). §747.2407, §747.2507).

5 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Bird, Butterfly, Permitted Permitted Not applicable, Design Considerations: Contributes to and Pollinator because feature does If a garden is intended points awarded Habitat Design Considerations: Design Considerations: not qualify as as a setting for for P-OLE-02 “Poisonous or “Poisonous or playground learning, contributing potentially harmful potentially harmful equipment. to points awarded for May Contribute plants must be plants must be P-OLE-01, it would to points inaccessible to all inaccessible to need to be on an awarded for children.” children.” accessible route; P-OLE-01 if it however, not every links to or (§746.3701 (6)) (§746.3501 (6)) part of the garden reinforces would be required to indoor learning. be accessible (See Advisory 201.3; Design 206.2.4) Considerations: Plants must be

non-toxic

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 6 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Decks, Platforms, Permitted Permitted Permitted Design Considerations Contributes to and Stages for childcare centers points awarded Design considerations: Design considerations: Design considerations: and homes: Stages for P-OLE-04. “Porches or platforms “Porches or platforms Decks and platforms must be connected to more than 20 inches in more than 20 inches in are not subject to this an accessible route height for pre- height for pre- law unless they are (See Advisory 201.3). kindergarten and kindergarten and part of a composite younger children, and younger children, and playground structure For childcare centers more than 30 inches in more than 30 inches in that is bought or only: Qualify as play height for school-age height for school-age installed with public components subject to children, must be children, must be funds. Platforms requirements for equipped with equipped with connected to a accessibility contained protective barriers that protective barriers that composite playground in Sections 240 and surround the elevated surround the elevated structure would be 1008 of TA. At least surface except for surface, except for required to meet one of each type of entrances and exits entrances and exits and ASTM F1487-07ae1 ground level play and that prevent that prevent children standards for component must be on children from crawling from crawling over or entrapment, pro- an accessible route over or through the falling through the trusions, etc. Note the and these components barrier” or “becoming barrier, or becoming Department of Family must be spread entrapped.” entrapped.” and Protective throughout the play Services Minimum area. A more complex (§746.4601; (§747.4401; Standards for Child- rule applies to §746.4509) §747.4309) care Centers/ Homes elevated components. are more restrictive than ASTM standards for what platforms require barrier rails, and trump ASTM.

7 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Dry Creek Beds Permitted Permitted Not applicable, Design Considerations Contributes to and Playable Rain because feature does for childcare homes: points awarded Gardens Design Consideration: Design consideration: not qualify as None for P-OLE-02, The dry creek bed or The dry creek bed or playground which rain garden must not rain garden must not equipment For childcare centers encourages fill with standing fill with standing only: Qualify as play “topographic water, as children are water, as children are components subject variations” and not allowed to swim not allowed to swim to requirements for a “variety of or wade in anything or wade in anything accessibility ground surfaces other than swimming other than swimming contained in Sections (mulch, grass, or wading pools. or wading pools. 240 and 1008 of TAS. pebbles)” A dry creek bed or A dry creek bed or At least one of each rain garden that fills rain garden that fills type of ground level with standing water with standing water play component must to provide flood to provide flood be on an accessible mitigation would mitigation would route and these require a variance. require a variance. components must be spread throughout (§746.5017) ( §747.4817) the play area. A more complex rule applies to elevated components. Note requirements for accessible routes differ from other landscapes.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 8 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Earth Play Settings Permitted Permitted Not applicable, Design Considerations Not specifically because feature does for childcare homes: mentioned. May Design/Management Design/Management not qualify as None Contribute to Considerations: Should Considerations: Should playground equipment points awarded be treated in the same be treated in the same for P-OLE-04: For childcare centers manner as sand play manner as sand play “Natural only: Qualify as a play settings, which need settings, which need outdoor component subject to to be maintained in a to be maintained in a environment requirements for “sanitary manner” and “sanitary manner” and supports social accessibility require hand-washing require hand-washing emotional requirements when play is finished. when play is finished. development contained in Sections Buckets filled with Buckets filled with including but not 240 and 1008 of TAS. water must be water must be limited to areas At least one of each inaccessible to inaccessible to that invite social type of ground level children. children. gatherings, play component must tummy time, be on an accessible Child Development Child Development dramatic play, route and these Mandates Addressed: Mandates Addressed: group games, components must be Earth play settings Earth play settings help music and spread throughout the help meet meet requirements for movement, and play area. A more requirements for thinking skill and spaces for quiet complex rule applies thinking skills and sensory development and calm to elevated sensory development for pre-K and school- activities.” components. for pre-K and school- age children. age children. May contribute (§747.2507, §747.2607, to points award- (§746.2607, §747.3407 (7), ed for P-OLE-02 §746.2707, §746.3407 §747.3417 (5), (“a variety of (7), §746.3417 (5), §747.3501(8)) ground §746.3701 (8)) surfaces”)

9 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Grass Mazes Permitted Permitted Not applicable, Design Considerations Contributes to and Tall Grass because feature does for childcare homes: points awarded Areas Design Considerations: Design Considerations: not qualify as None for P-OLE-02. “Poisonous or “Poisonous or playground equipment potentially harmful potentially harmful Design For childcare centers plants must be plants must be Considerations: only: Qualifies as a inaccessible to all inaccessible to Plants must be play component children;” Standards children;” Standards non-toxic. subject to require supervision of require supervision of requirements for children at all times, children at all times, accessibility require- but do not require but do not require ments contained in visual awareness at all visual awareness at all Sections 240 and times. Required is times. They require 1008 of TAS. At least “appropriate visual “appropriate visual one of each type of and/or auditory and/or auditory ground level play awareness, physical awareness, physical component must be proximity, and proximity, and on an accessible route knowledge of activity knowledge of activity and these compo- requirements and requirements and nents must be spread each child’s needs.” each child’s needs.” throughout the play As the level of risk As the level of risk area. A more complex associated with a grass associated with a grass rule applies to maze is low, required maze is low, required elevated components. supervision is low. supervision is low.

(§746.3701 (6), (§747.3501 (6), §746.1501, §746.1503) §747.1501, §747.1503)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 10

Groves of Permitted Permitted Generally not Design considerations Contributes to Small Trees or applicable, because for both childcare points awarded Large Shrubs Design considerations: Design considerations: feature does not centers and homes: for P-OLE-02; Although shade is not Plants must be non- qualify as playground Vertical clearance of required, it is toxic and located equipment 80 inches must be May contribute recommended: outside use zones for provided wherever to points “shaded areas should active play equipment. Design considerations: trees overhang awarded for be provided by means Note that trees may accessible routes (See P-OLE-04 if of open space and tree (§747.3501 (6), be incorporated into 1008.2). designed to plantings or other §747.4601 to elevated decks of promote cover in outdoor §747.4615) playground equipment For childcare centers gathering spaces.” Plants must to create a composite only: The area under a be non-toxic and play structure, much grove needs to be Design located outside use like posts holding up accessible only if it is Consideration: zones for active play shade sails and roofs, intended for use as a Plants must be equipment. if trunk is free from gathering space to non-toxic. protrusions, score Texas Rising Star (guidance on entanglements, and points. In that case it §746.4301, §746.3701 there are no limbs would be a play (6), §746.4801 to within 84 inches of the component subject to §746.4815) use zone, each requirements in designated play Sections 240 and surface (larger than 2” 1008. x 2”), and the pivot point of any adjacent swings. (See ASTM 1487-07ae1, 9.8.4.1)

11 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Loose Parts Permitted Permitted Not applicable, Design Considerations May contribute Play Areas because feature does for childcare homes: to points (Manipulatives) Design Considerations: Design Considerations: not qualify as play- None awarded for Plants supplying loose Plants supplying loose ground equipment. P-OLE-01 if they Portable toys and parts must be non- parts must be non- Texas Code requires For childcare centers reinforce indoor equipment toxic; loose parts must toxic; loose parts must use of ASTM F1487- only: If specially learning. (examples: sand be “free from sharp or be “free from sharp or 07ae1 for “playground designated areas are and earth play rough edges” and toxic rough edges” and toxic equipment,” and that provided for loose May Contribute implements, paint. paint. standard states: parts play, they would to points Tonka-type “Independent loose qualify as play awarded for wheeled vehicles, Child Development Child Development items intended to be components subject to P-OLE-02, which balls, pieces of Mandates Addressed: Mandates Addressed: manipulated by the requirements for encourages textile, buckets, Construction play with Construction play with intended users are not accessibility contained varied ground hollow blocks, blocks or sand and blocks or sand and covered in this in Sections 240 and surfaces such as etc.). water is explicitly water is explicitly standard.” 1008 of TAS. At least mulch and encouraged to encouraged to promote one of each type of pebbles. Natural loose promote “thinking “thinking skills and (3.1.30.1) ground level play parts/construction skills and sensory sensory development.” component must be May Contribute (examples: fallen development.” Play Play with other natural on an accessible route to points leaves, pine with other natural loose parts may also and these components awarded for needles, smoothed loose parts may also help meet this must be spread P-OLE-04 given branches, straw help meet this mandate. throughout the play the social bales, rounded mandate. area, which for interaction stones, seed (§746.3501 (6), portable toys and typical of loose heads, flowers, (§746.3701 (6), §746.3501 (5), loose parts is their parts/toy play. tree cookies, small §746.3701 (5), §747.2507, §747.2607) natural behavior. timbers, roots, §746.2607, §746.2707) Design corn stalks, etc). Consideration: Plant parts must be non-toxic.

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Manufactured Permitted Permitted Permitted Design Considerations Contributes to Playground for childcare homes: points awarded Equipment Design Considerations: Design Considerations: Design Considerations: None for P-OLE-03 Standards for “active Standards for “active All playground (including play equipment” play equipment” equipment purchased For childcare centers equipment including equipment including equipment or installed using only: Subject to manufactured that is not allowed, that is not allowed, public funds must be require-ments for from natural hazards that must be hazards that must be designed to meet accessibility contained materials). avoided, and use avoided, and use zones ASTM F1487ae1 and in Sections 240 and zones and surfacing required. The Child- have surfacing in its 1008 of TAS. At least required. Care Home standard use zone compliant one of each type of does not require any with ASTM 2223-04e1, ground level play (See §746.4601- surfacing beneath play Playground equipment component must be §746.4913) equipment. If unitary that has horizontal on an accessible route surfaces are provided, bare metal surfaces and these components they must meet such as platforms, must be spread standards for those steps, and slides throughout the play materials. (slides, etc.) must be area. A more complex shaded from direct rule applies to (See §747.4401- sun. (See discussion elevated components. §747.4711) on incorporating trees with playground equipment on p. 12).

13 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Stationary Permitted Permitted Design Considerations Contributes to Natural Play for childcare homes: points awarded Features Design Considerations for standalone objects Design Considerations: None for P-OLE-02, and structures constructed of natural objects: The code requires which (standalone “Play materials and equipment must be safe and ASTM F1487-07ae1 For childcare centers encourages use logs, boulders, free from sharp or rough edges and toxic paints” compliance for only: Qualifies as a of “Smooth and stumps vs. (§746.3701 (5); §747.3501 (5)). “playground play component rocks, wood or equipment equipment.” That subject to logs;” constructed of Additional design Considerations for standalone standard defines requirements for natural objects: Individual standalone objects—logs, “public playground accessibility and Contributes to materials) boulders, and stumps sitting on or partially equipment as a “play accessible route points for P-OLE- submerged within the ground—do not require structure for use in design laid out in 03. Boulders and use zones, an area six feet to all sides of the play areas of [various Sections 240 and 1008 tree stumps are features that is “free of obstacles that a child different public of TAS. At least one of noted as could run into or fall on top of and be injured” facilities]” and defines each type of ground features (See discussion in appendix 2). Consideration play structure as a level play component associated with must be taken to avoid locating these features “free standing must be on an social emotional within the use zones of stationary equipment. structure with one or accessible route and development; more components and these components Additional design considerations for structures their supporting must be spread Certain natural constructed of natural objects: When natural members.” Under this throughout the play features may features are combined together to create free definition, individual area. A more complex help earn points standing structures for active play, they qualify logs, boulders, and rule applies to for P-OLE-04, as as “stationary equipment,” which does require stumps would not elevated components. well, by a use zone, an area 6 feet to all sides of the qualify as playground encouraging features that is “free of obstacles that a child equipment unless they “active play such could run into or fall on top of and be injured” were part of a as balancing.” (See §746.4801, §747.4601, extended discussion structure intended for in Appendix 2). (Continues on p. 15) play and would not be (Continues on p. 15)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 14

Stationary Structures made of natural materials would also subject to the (See p. 14) (See p. 14) Natural Play be subject to other restrictions requiring active standard. Features play equipment to be anchored in place, to be free of protrusions and openings that could be ASTM F1487-07ae1 (Continued entrapment hazards, etc. (See §746.4601 and also specifically from p. 14) §747.4401). excludes from its scope features not Whether surfacing is required for structures intended for play that within their use zone would depend on the type are outside of the use of play they are meant to facilitate and the type of zone of play facility. There are currently no requirements to equipment: “Products provide safety surfacing at childcare homes. At or materials (site childcare centers, “there must be loose-fill furnishings) that are surfacing material or unitary surfacing material in installed outside the the use zones (area around and under equipment equipment use zone, where resilient surfacing is needed to prevent such as benches, serious injury from occurring as result of a fall) for tables, and borders, all climbing, rocking, rotating, bouncing, or used to contain moving equipment, slides, and swings.” protective surfacing, (§746.4901). Note that balancing equipment and are not considered equipment for dramatic play does not require playground equip- surfacing under this standard. ment” (Section 1.4). Surfacing materials used must meet the standards Play structures made laid out in §746.4901- §746.4913 for childcare of natural materials centers and §747.4707- §747.4711 for childcare would need to meet homes. ASTM F1487-07ae1 and have surfacing in their use zones compliant with ASTM 2223-04e1.

15 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Mounds Permitted Permitted Generally not Design Considerations Contributes to and Sloping applicable, because for childcare homes: points awarded Topography Design considerations: Design considerations: feature does not None for P-OLE-02; Should be designed to Should be designed to qualify as playground avoid blocking views avoid blocking views equipment. For childcare centers May Contribute to active play equip- to active play equip- only: Not every mound to points ment (like climbers) ment (like climbers) Design considerations: or sloping topography awarded for from likely supervision from likely supervision Nothing prohibits would be a play P-OLE-03 if points. “The indoor points. “The indoor mounding/sloping component per the designed to and outdoor active and outdoor active topography from TAS standards. promote rolling play equipment must play equipment must being incorporated Intention is key here. be arranged so that be arranged so that into the use zone of If a mound is treated caregivers can caregivers can playground equipment as a play component, adequately supervise adequately supervise purchased with public and used to get children at all times.” children at all times.” funds if surface meets credit as an active Standards only require Standards only require surfacing play environment, it “appropriate visual “appropriate visual requirements of ASTM qualifies as a play and/or auditory and/or auditory F2223-04ae1. component subject to awareness,” and the awareness,” and the requirements for level of supervision level of supervision accessible route and needed is related to needed is related to accessibility contain- the level of risk. the level of risk. ed in Sections 240 and 1008 of TAS. (§746.4601, (§747.4401, §746.1503) §747.1503)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 16

Multipurpose Permitted Permitted Not applicable, Permitted Contributes to Lawns because feature does points awarded Design Considerations: Design Considerations: not qualify as Design Considerations: for P-OLE-02 and None None playground “Lawn seating areas P-OLE-05 (in equipment. and exterior overflow centers that seating areas, where serve infants). fixed seats are not provided, shall connect to an accessible route.” (221.5)

17 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Primary Pathway Permitted Permitted Not applicable, Design considerations Contributes to because feature does for both childcare points awarded (with Loops and Design Considerations: Design Considerations: not qualify as centers and homes: for P-OLE-02 Curves for None None playground Both must have an Texas Rising Star Wheeled Toy Use). equipment. accessible route awards points Child Development Child Development serving the space. The for having an

Mandates Addressed: Mandates Addressed: path used by wheeled “outdoor Facilities must develop Facilities must develop toys may serve (or environment” written activity plans written activity plans help serve) this that motivates that include “outdoor that include “outdoor purpose if it meets the “active play such play in which the play in which the requirements as… riding.” children make use of children make use of contained in Sections “Tricycles and both small and large both small and large 206.2.17, 240, and riding” toys are muscles, both in the muscles, both in the 1008. Five feet is the specifically morning and morning and minimum clear width identified as afternoon.” Examples afternoon.” Examples for an accessible route equipment that of large-muscle of large-muscle in play areas with an facilitates development for development for area of 1000 feet or physical activity. preschool children preschool children more (1008.2.4). identified in the identified in the Forty-four inches is standards include: standards include: small required in smaller small wagons, small wagons, small areas. Other wheelbarrows, tri- wheelbarrows, tri- requirements relate to cycles, and push toys. cycles, and push toys. slope, length of ramp, etc. (§746.2507 §746.2607, (§747.2407,

§746.2205) §747.2507, §747.2103)

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Sand Play Areas Permitted Permitted Not applicable, Design Considerations Contributes to because feature does for childcare homes: points awarded Design /Management Design /Management not qualify as None for P-OLE-04 Considerations: Need Considerations: Need to playground Sand areas are to be maintained in a be maintained in a equipment. For childcare centers provided as an “sanitary manner” and “sanitary manner” and only: Qualifies as a example of play require hand-washing require hand-washing play component areas that when play is finished. when play is finished. subject to support “social Buckets filled with Buckets filled with requirements for emotional water cannot be water cannot be accessibility contained development.” accessible to children accessible to children in Sections 240 and as part of sand play as part of sand play 1008 of TAS. At least area, though mixing area, though mixing one of each type of sand and water is sand and water is ground level play encouraged. encouraged. component must be on an accessible route Child Development Child Development and these components Mandates Addressed: Mandates Addressed: must be spread They help meet They help meet throughout the play requirements for requirements for area. A more complex thinking skills and thinking skill and rule applies to sensory development sensory development elevated components. for pre-K and school- for pre-K and school- age children. age children.

(§746.3407 (7), (§§747.3203 (7), §746.3417 (5), §747.3213 (5), §746.2607, §746.2707, §747.2507, §747.2607, §746.3701) §747.3501)

19 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Vegetable and Permitted Permitted Not applicable, Design Considerations: Contributes to Fruit Gardens because feature does If a fruit and vegetable points awarded Design /Management Design /Management not qualify as garden is intended as for P-OLE-02 Considerations: Considerations: playground a setting where Poisonous or Poisonous or equipment. children learn about Design potentially harmful potentially harmful growing and caring for Considerations:

plants must be plants must be fruit and vegetables, it Plants must be inaccessible to inaccessible to children. would need to be on non-toxic children. When serving When serving food an accessible route; food grown on site, grown on site, care however, not every care taken is similar to taken is similar to other part of the garden other food food preparation. would be required to preparation. Centers Handwashing sinks be accessible (See must have written should not be used for Advisory 201.3; operational policies preparing food. 206.2.4) regarding meal and food service practices, (§746.3501 (6), which might be §747.3117, §747.2319 expanded with policies (7)) for handling garden vegetables. Handwashing sinks should not be used for preparing food.

(§746.3701 (6), §746.3317, §746.2419 (8), §746.501 (8))

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 20

Water Play: Design /Management Design /Management Not applicable, Design Considerations: May contribute “Hands-In” Considerations: Water Considerations: Water because feature does Play components with points to Features play tables are play tables are allowed. not qualify as which children interact P-OLE-02. allowed. Standards Standards require: playground are subject to (water tables require: “Emptying “Emptying water play equipment. requirements for May contribute and other water water play tables and tables and toys used in accessibility contained points to play where hands toys used in water water tables daily, in Sections 240 and P-OLE-05 aimed get wet but body tables daily, sanitizing, sanitizing, and ensuring 1008 of TAS if located at encouraging doesn’t get and ensuring children children and caregivers in childcare centers connection to soaked.) and caregivers wash wash their hands but not if located in nature and

their hands before before using the water childcare homes. At sensory using the water table.” table.” Otherwise, least one of each type experiences for Otherwise, according according to the of ground level play infants to the standard: “All standard: “All bodies of component must be bodies of water such water such as pools, on an accessible route as pools, hot tubs, hot tubs, ponds, creeks, and these components ponds, creeks, birdbaths, fountains, must be spread birdbaths, fountains, buckets, and rain throughout the play buckets, and rain barrels must be area. A more complex barrels must be inaccessible to all rule applies to inaccessible to all children.” Features such elevated components. children.” Features as birdbaths must be Note requirements for such as birdbaths must physically inaccessible accessible routes differ be physically to children, but may be from other inaccessible, but may visually accessible. landscapes. be visually accessible. (§746.3701 (8), (§746.3701 (8), §746.3407 (6), §746.3407 (6), §746.3417) §746.3417)

21 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child-Care Centers for Child-Care Homes Safety Code Section Standards Star Guidelines (2015) (2015) 756.061 (2012) (2015)

Water Play: Permitted Permitted Not applicable, Design Considerations Not discussed in Sprinklers and because feature does for childcare homes: guidelines. Spraying Features Design /Management Design/Management not qualify as None that Do Not Pool Considerations: Unlike Considerations: Unlike playground Water. wading pools and wading pools and equipment. For childcare centers swimming pools, swimming pools, only: Sprinklers may additional caregivers additional caregivers either be fixed or are not required for are not required for mobile and likely to be sprinkler play. sprinkler play. stowed when not in However, a caregiver However, a caregiver use. A fixed sprinkler must not leave must not leave children installation would children alone with a alone with a sprinkler. likely be regarded as a sprinkler. “You must “You must not allow play component ensure that no child sprinkler equipment to subject to uses sprinkler be used by children on requirements for equipment on or near or near a hard, slippery accessibility contained a hard, slippery surface, such as a in Sections 206.2.17, surface, such as a driveway, sidewalk, or 240, and 1008. driveway, sidewalk, or patio. You must store patio. You must store sprinkler equipment sprinkler equipment and water hoses so that and water hoses out of they do not present a children’s reach when hazard to children.” not in use.” (§747.2017, (§746.2117, §747.4815) §746.5015)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 22

Appendix 1

Special thanks to the following Jeff Lindstrom, Associate, TBG Partners *Jeannie Young, Program Specialist, individuals for participating in interviews Childcare Licensing, Texas Department of Cindy Loeffler, Water Resources Branch related to this report. Family and Protective Services Chief, Texas Parks and Wildlife *John Hart Asher, Environmental Department Those individuals marked with an asterisk (*) also reviewed an early draft of the Designer, Lady Bird Johnson Wildflower Laura Olson, Program Coordinator, Family report. Additionally, thanks to the Center, University of Texas at Austin Support Services, Go Austin! Vamos following individuals who reviewed an *Paula Barton, Site Director, University of Austin!, and Early Childhood Manager, early draft. Texas Child Development Center, San United Way for Greater Austin Early Childhood Program, United Way for Jacinto Phil Warner, Manager, Workforce Greater Austin Technical Assistance and Childcare, Texas Diana Foss, Urban Wildlife Biologist and Workforce Commission Natural Resources Specialist, Texas Parks Rhonda Rakow, Provider Services Manager, Child Care Assistance, and Wildlife Department Karen Killian, Program Specialist, Texas ChildCareGroup Workforce Commission Josetta Hawthorne, Executive Director, *Linda Simmons, Nutrition Specialist, Council for Environmental Education Child and Adult Care Food Program *Nancy Herron, Outreach and Education (CACFP), Texas Department of Agriculture Director, Texas Parks and Wildlife Jason Sowell, Associate Professor and Department Director of Graduate Program in

Charles Klein, Associate Professor of Landscape Architecture, University of Landscape Architecture, Texas Tech Texas at Austin, School of Architecture University John Sutton, Director of Municipal Water Conservation, Texas Water Development Board

23 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 24

Appendix 2

Discussion: When do stationary natural Product Safety Commission (CPSC)’s part of a structure intended for play. features qualify as “stationary Handbook for Public Playground Safety. However, if natural looking materials were equipment” or “active play equipment” ASTM F1487-07ae1, which is required for combined to create a play structure, it that is subject to more extensive all playground equipment purchased with would qualify as stationary equipment and standards? public funds in Texas, defines “stationary it would require a use zone. Whether the equipment” as “any play structure which equipment is manufactured by a company Some natural play features will require a has a fixed base and does not move” and or handmade by volunteers is immaterial use zone, an area 6 feet to all sides of the defines play structure as a “free standing when making this designation. features that is “free of obstacles that a structure with one or more components child could run into or fall on top of and be Both the Minimum Standards for Child- and their supporting members” (See injured” (§746.4801, §747.4601). The care Centers and the Minimum Standards sections 3.1.23 and 3.1.41). This definition Minimum Standards for Child-care Centers clearly limits the definition of stationary for Child-care Homes also include a variety and Minimum Standards for Child-Care of requirements for “active play equipment to freestanding structures that Homes both state: “The use zone for equipment.” As with stationary are not movable. Similarly, the CPSC stationary equipment, excluding slides and handbook, which is listed in the Minimum equipment, the standards do not include a soft contained play equipment, must definition of active play equipment or Standards for Child-care Centers and extend a minimum of six feet in all even play equipment. However, once Minimum Standards for Child-care Homes directions from the perimeter of the again, the term “play equipment” has a as a resource, defines “stationary play equipment. Use zones for stationary very specific technical meaning. ASTM equipment,” as “any play structure that equipment must not overlap other use has a fixed base and does not move” F2373-11, a standard for “Public Use Play zones” (§746.4803, §747.4603). What Equipment for Children 6 Months through (DFPS, 2015, p. vi; CPSC, 2010, p. 4). An qualifies as stationary equipment under 23 Months” defines public use play earlier version of the CPSC handbook from this standard? Why doesn’t every log, 1997, when describing how to determine equipment as “play structure that is boulder, and stump relocated to the site intended for use in play areas of schools, the use zone of “stationary equipment” as a play feature require a use zone? parks, early care and education facilities,” referred to “the designated play surfaces and a variety of other “areas of public use” Texas’ minimum standards for childcare of each structure” (CPSC, 1997, p. 6). (Section 3.1.39). CPSC uses play facilities draw on technical definitions Under these definitions, individual logs, equipment and playground equipment found in other sources, including various boulders, and stumps, would not qualify as interchangeably in its handbook. Its ASTM Standards and the Consumer stationary equipment unless they were definition of “‘public’ playground

25 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities

equipment” as “equipment for use by children age 6 months through 12 years in the playground areas of: commercial (non- residential) child care facilities…” is not particularly useful since the terms equipment and playground are not defined (CPSC, 2010, p. 1). ASTM F1487- 07ae1, which CPSC references, clearly defines public use playground equipment as a “play structure for use in play areas…” (Section 3.1.30) Once again, whether the stationary play features qualify as equipment rests on whether or not they are freestanding structures located in an area designated for play.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 26

Resources

State Regulations for Texas Health and Safety Code Sec. Nature Play and Learning Places: Creating Childcare Facilities in Texas 756.061: http://www.statutes.legis. and Managing Places where Children Minimum Standards for Child-Care Centers state.tx.us/Docs/HS/htm/HS.756.htm Engage with Nature by Robin C. Moore (2015): https://www.dfps.state.tx.us/ and Allen Cooper (2014): Child_Care/documents/Standards_and_Re Texas Rising Star Child Care Provider https://natureplayandlearningplaces.org/ gulations/746_Centers.pdf Certification Guidelines (2015): wp-content/uploads/2014/09/Nature- https://texasrisingstar.org/about-trs/trs- Play-Learning-Places_v1.2_Sept22.pdf Minimum Standards for Child-Care Homes guidelines/ (2015): https://www.dfps.state.tx.us/ Creating Habitat Areas Child_Care/documents/Standards_and_Re Grants for Childcare OLEs Creating a School Habitat: A Planning gulations/747_Homes.pdf Healthier CACFP Recognition Guide for Habitat Enhancement on School Award/Establishing 3E’s Nutrition Grant Grounds in Texas: Texas Accessibility Standards (2012): Program (Education, Exercise, Eating Right shttp://tpwd.texas.gov/publications/pwdp https://www.license.state.tx.us/ab/2012T E3E Grant): http://www.squaremeals.org/ ubs/media/pwd_bk_w7000_0309.pdf AS/2012tascomplete.pdf FandNResources/HealthierCACFP.aspx Texas Wildscapes Certification: Voluntary Guidelines Tied to Public Contact your local water authority to learn http://tpwd.texas.gov/huntwild/wild/wildl Funding for Childcare Facilities in Texas if grants are available for converting water ife_diversity/wildscapes/ ASTM F1487-07ae1: Standard Consumer intensive turf areas into low-water Safety Performance Specification for plantings, creating rain gardens, or Invasive Plants in Texas Playground Equipment for Public Use implementing other water conserving Texas Invasives- Invasive Plant Database: (2007): http://www.astm.org/ measures. http://texasinvasives.org/plant_database DATABASE.CART/HISTORICAL/F1487- 07AE1.htm Best Practices for Creating OLEs Non-Toxic Plants that Encourage Play Natural Learning Initiative: Plants for Play: A Plant Selection Guide for ASTM F2223 - 04e1 Standard Guide for https://naturalearning.org/ Children’s Outdoor Environments by Robin ASTM Standards on Playground Surfacing C. Moore (2002) (book) (2007): http://compass.astm.org/ Standards/HISTORICAL/F2223-04E1.htm

27 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Plants for Rain Gardens Playground Equipment for Public Use Summary of Health and Wellness Benefits Texas Rain Garden Plant List (2009): (2011): http://dx.doi.org/10.1520/F1487- Associated with Access to Nature http://rainwaterharvesting.tamu.edu/files 11. American Public Health Association Policy /2011/05/Rain-Garden-Plant-List-11-02- Statement: Improving Health and Wellness ASTM F2223-15: Standard Guide for ASTM 09.pdf Through Access to Nature: Standards on Playground Surfacing (2015): https://www.apha.org/policies-and- http://dx.doi.org/10.1520/F2223-15. Managing Risks Related to Natural advocacy/public-health-policy- and Naturalistic Features in OLEs statements/policy-database/2014/07/ Chapter 6 of Nature Play and Learning ASTM F2373-11: Standard Consumer 08/09/18/improving-health-and-wellness- Safety Performance Specification for Public Places: Creating and Managing Places through-access-to-nature Use Play Equipment for Children 6 Months where Children Engage with Nature by through 23 Months (2011): Robin C. Moore and Allen Cooper (2014): Sustainable Landscape Design http://dx.doi.org/10.1520/F2373-11 https://natureplayandlearningplaces.org/ Sustainable Sites Initiative wp-content/uploads/2014/09/Nature- http://www.sustainablesites.org/projects U.S. Consumer Product Safety Play-Learning-Places_v1.2_Sept22.pdf Commission’s Public Playground Safety Texas A&M AgriLife Extension, Firewise Landscaping in Texas (2012): Handbook (2010): Earth-Kind Landscaping Resources https://www.cpsc.gov/PageFiles/122149/ http://texasforestservice.tamu.edu/uploa http://aggie-horticulture.tamu.edu/ 325.pdf dedFiles/TFSMain/Preparing_for_Wildfires earthkind/publications/#water /Prepare_Your_Home_for_Wildfires/Cont U.S. Consumer Product Safety act_Us/EDITED%202012firelandscape(1).p U.S. Environmental Protection Agency Commission’s Handbook for Public df Resources on Low Impact Development Playground Safety (1997). (Historical https://www.epa.gov/polluted-runoff- reference only): Managing Risk Related nonpoint-source-pollution/urban-runoff- http://www.michigan.gov/documents/dhs to Playground Equipment low-impact-development ASTM F1487-11: Standard Consumer /Handbook_for_Public_Safety_CPSC_PUB- 325_241534_7.pdf Safety Performance Specification for

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 28