Read the full stored bill text
S T A T E O F N E W Y O R K
________________________________________________________________________
6939
2025-2026 Regular Sessions
I N A S S E M B L Y
March 18, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee 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:
1 Section 1. The education law is amended by adding a new section 813-a
2 to read as follows:
3 § 813-A. DAILY RECESS FOR ELEMENTARY STUDENTS. 1. (A) THE LEGISLATURE
4 RECOGNIZES THAT RECESS IS ESSENTIAL TO THE PHYSICAL WELL-BEING AND
5 MENTAL HEALTH OF ELEMENTARY SCHOOL STUDENTS. YOUNG STUDENTS LEARN
6 THROUGH PLAY. GIVEN THE NATION'S YOUTH MENTAL AND PHYSICAL HEALTH
7 CRISIS, RISING OBESITY LEVELS AMONG CHILDREN, AND DECLINE IN SKILL-
8 BUILDING AND PEER GROUP FORMATION DURING THE COVID-19 PANDEMIC, IT IS
9 VITAL TO SUPPORT STUDENT SOCIALIZATION, CREATIVITY, AND STRESS RELEASE
10 THROUGH FREE PLAY. RECESS IS A CRITICAL PART OF THE SCHOOL EXPERIENCE
11 AND CONTRIBUTES TO ACADEMIC SUCCESS AND SOCIAL COHESION.
12 (B) THE LEGISLATURE ALSO RECOGNIZES THAT THE AMOUNT OF TIME SPENT ON
13 RECESS VARIES THROUGHOUT THE STATE AND THAT CHILDREN IN DIFFERENT SCHOOL
14 DISTRICTS MAY NOT HAVE EQUAL ACCESS TO OUTDOOR, SELF-DIRECTED PLAY TIME.
15 THE REQUIREMENTS SET FORTH IN THIS SECTION ARE MINIMUM REQUIREMENTS AND
16 SCHOOL DISTRICTS ARE ENCOURAGED TO EXCEED SUCH REQUIREMENTS.
17 2. (A) EACH SCHOOL DISTRICT SHALL ENSURE THAT EVERY PUBLIC OR PRIVATE
18 SCHOOL IN WHICH SCHOOL DAYS EXCEED FIVE HOURS IN DURATION PROVIDES A
19 MINIMUM OF THIRTY MINUTES OF DAILY RECESS WITHIN THE SCHOOL DAY FOR ALL
20 STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE AND FOR STUDENTS IN SIXTH
21 GRADE WHO ATTEND AN ELEMENTARY SCHOOL.
22 (B) RECESS SHALL BE SUPERVISED BUT SHOULD BE STUDENT-DIRECTED AND
23 SHOULD NOT INVOLVE PHONES, VIDEOS, COMPUTERS OR TABLETS. THE SCHOOL
24 SHALL PROVIDE BALLS, JUMP ROPES AND OTHER MATERIALS FOR STUDENTS TO USE
25 IN PHYSICAL PLAY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10288-01-5
A. 6939 2
1 (C) RECESS SHALL BE HELD OUTSIDE WHENEVER POSSIBLE, INCLUDING IN THE
2 WINTER MONTHS, BUT, IF HELD INDOORS SHALL BE IN AN APPROPRIATE SPACE
3 THAT PROMOTES PHYSICAL ACTIVITY.
4 (D) LUNCH BREAKS AND PHYSICAL EDUCATION ACTIVITIES SHALL BE IN ADDI-
5 TION TO RECESS.
6 (E) EACH SCHOOL DISTRICT SHALL DEVELOP A PLAN FOR PHYSICAL PLAY FOR
7 ANY ELEMENTARY SCHOOL THAT DOES NOT HAVE AN OUTDOOR PLAYGROUND OR
8 ADEQUATE INDOOR SPACE TO ACCOMMODATE RECESS FOR ALL ITS STUDENTS ON
9 SCHOOL GROUNDS. IF NO SUCH PLAY PLAN IS POSSIBLE, THEN THE SCHOOL
10 DISTRICT SHALL SEEK A WAIVER FROM THE DEPARTMENT.
11 3. (A) RECESS SHALL NOT BE ROUTINELY WITHHELD AS A DISCIPLINARY OR
12 PUNITIVE MEASURE EXCEPT WHEN A STUDENT'S PARTICIPATION IN RECESS POSES
13 AN IMMEDIATE THREAT TO THE SAFETY OF ANY PERSON. SCHOOL DISTRICTS MAY
14 DEVELOP GUIDELINES FOR THE WITHHOLDING OF RECESS UNDER OTHER UNUSUAL
15 CIRCUMSTANCES, AND ANY SUCH GUIDELINES SHALL BE PUBLISHED IN SCHOOL
16 HANDBOOKS AND/OR ON SCHOOL WEBSITES FOR PARENTS, GUARDIANS AND STUDENTS
17 TO READ.
18 (B) DURING THE REGULAR SCHOOL DAY, PHYSICAL ACTIVITY SHALL NOT BE USED
19 AS PUNISHMENT, SUCH AS HAVING STUDENTS RUN LAPS OR DO PUSH-UPS AS A
20 PUNITIVE MEASURE.
21 (C) RECESS SHALL NOT BE WITHHELD TO HAVE STUDENTS COMPLETE ACADEMIC
22 WORK.
23 § 2. This act shall take effect on the first of July next succeeding
24 the date on which it shall have become a law.