S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6858
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  providing  for  daily
   recess for elementary students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  813-a
 to read as follows:
   §  813-A. DAILY RECESS FOR ELEMENTARY STUDENTS. 1. (A) THE LEGISLATURE
 RECOGNIZES THAT RECESS IS  ESSENTIAL  TO  THE  PHYSICAL  WELL-BEING  AND
 MENTAL  HEALTH  OF  ELEMENTARY  SCHOOL  STUDENTS.  YOUNG  STUDENTS LEARN
 THROUGH PLAY.   GIVEN THE NATION'S  YOUTH  MENTAL  AND  PHYSICAL  HEALTH
 CRISIS,  RISING  OBESITY  LEVELS  AMONG  CHILDREN, AND DECLINE IN SKILL-
 BUILDING AND PEER GROUP FORMATION DURING THE COVID-19  PANDEMIC,  IT  IS
 VITAL  TO  SUPPORT STUDENT SOCIALIZATION, CREATIVITY, AND STRESS RELEASE
 THROUGH FREE PLAY. RECESS IS A CRITICAL PART OF  THE  SCHOOL  EXPERIENCE
 AND CONTRIBUTES TO ACADEMIC SUCCESS AND SOCIAL COHESION.
   (B)  THE  LEGISLATURE ALSO RECOGNIZES THAT THE AMOUNT OF TIME SPENT ON
 RECESS VARIES THROUGHOUT THE STATE AND THAT CHILDREN IN DIFFERENT SCHOOL
 DISTRICTS MAY NOT HAVE EQUAL ACCESS TO OUTDOOR, SELF-DIRECTED PLAY TIME.
 THE REQUIREMENTS SET FORTH IN THIS SECTION ARE MINIMUM REQUIREMENTS  AND
 SCHOOL DISTRICTS ARE ENCOURAGED TO EXCEED SUCH REQUIREMENTS.
   2.  (A) EACH SCHOOL DISTRICT SHALL ENSURE THAT EVERY PUBLIC OR PRIVATE
 SCHOOL IN WHICH SCHOOL DAYS EXCEED FIVE HOURS  IN  DURATION  PROVIDES  A
 MINIMUM  OF THIRTY MINUTES OF DAILY RECESS WITHIN THE SCHOOL DAY FOR ALL
 STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE AND FOR STUDENTS  IN  SIXTH
 GRADE WHO ATTEND AN ELEMENTARY SCHOOL.
   (B)  RECESS  SHALL  BE  SUPERVISED  BUT SHOULD BE STUDENT-DIRECTED AND
 SHOULD NOT INVOLVE PHONES, VIDEOS,  COMPUTERS  OR  TABLETS.  THE  SCHOOL
 SHALL  PROVIDE BALLS, JUMP ROPES AND OTHER MATERIALS FOR STUDENTS TO USE
 IN PHYSICAL PLAY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10288-01-5
              

 S. 6858                             2
 
   (C) RECESS SHALL BE HELD OUTSIDE WHENEVER POSSIBLE, INCLUDING  IN  THE
 WINTER  MONTHS,  BUT,  IF  HELD INDOORS SHALL BE IN AN APPROPRIATE SPACE
 THAT PROMOTES PHYSICAL ACTIVITY.
   (D)  LUNCH  BREAKS AND PHYSICAL EDUCATION ACTIVITIES SHALL BE IN ADDI-
 TION TO RECESS.
   (E) EACH SCHOOL DISTRICT SHALL DEVELOP A PLAN FOR  PHYSICAL  PLAY  FOR
 ANY  ELEMENTARY  SCHOOL  THAT  DOES  NOT  HAVE  AN OUTDOOR PLAYGROUND OR
 ADEQUATE INDOOR SPACE TO ACCOMMODATE RECESS  FOR  ALL  ITS  STUDENTS  ON
 SCHOOL  GROUNDS.  IF  NO  SUCH  PLAY  PLAN  IS POSSIBLE, THEN THE SCHOOL
 DISTRICT SHALL SEEK A WAIVER FROM THE DEPARTMENT.
   3. (A) RECESS SHALL NOT BE ROUTINELY WITHHELD  AS  A  DISCIPLINARY  OR
 PUNITIVE  MEASURE  EXCEPT WHEN A STUDENT'S PARTICIPATION IN RECESS POSES
 AN IMMEDIATE THREAT TO THE SAFETY OF ANY PERSON.  SCHOOL  DISTRICTS  MAY
 DEVELOP  GUIDELINES  FOR  THE  WITHHOLDING OF RECESS UNDER OTHER UNUSUAL
 CIRCUMSTANCES, AND ANY SUCH GUIDELINES  SHALL  BE  PUBLISHED  IN  SCHOOL
 HANDBOOKS  AND/OR ON SCHOOL WEBSITES FOR PARENTS, GUARDIANS AND STUDENTS
 TO READ.
   (B) DURING THE REGULAR SCHOOL DAY, PHYSICAL ACTIVITY SHALL NOT BE USED
 AS PUNISHMENT, SUCH AS HAVING STUDENTS RUN LAPS  OR  DO  PUSH-UPS  AS  A
 PUNITIVE MEASURE.
   (C)  RECESS  SHALL  NOT BE WITHHELD TO HAVE STUDENTS COMPLETE ACADEMIC
 WORK.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.