recess in public schools

Wisconsin Legislature: AB810: Bill Text

Skip navigation

Home

Documents

Senate

Assembly

Committees

Service Agencies

Docs

Options

Help

2025 Biennium

Statutes

Admin. Rules

Indices

Miscellaneous

Archives

Home

Bill, Rule, and Appointment Histories

Senators

Representatives

Committees

Text of Introduced Proposals

Amendment Text

Acts

Veto Messages

Enrolled Bills

Votes

Assembly and Senate Floor Calendars

Schedule of Committee Activities

Assembly and Senate Journals

Committee Records (ROCPs)

Legislative Rules

All Session-Related Documents

Subject Index to Acts

Subject Index to Legislation

Subject Index to Journals

Author Index to Legislation

Subject Index to Clearinghouse Rules

Miscellaneous Budget Documents

Executive Orders

Rulings of the Chair

Wisconsin Supreme Court Rules

Opinions of the Attorney General

Town Law Forms

Law

Districts

Session

Drafting Files

Feeds

Preferences

Show tree

Hide tree

Feedback

Help

Home

Senate Home

Senators

Committees

Session

Chief Clerk

Sergeant at Arms

Civics Education

Human Resources
Assembly Home

Representatives

Committees

Session

Chief Clerk

Sergeant at Arms

Human Resources
Schedule

Joint

Senate

Assembly

Study
Legislative Audit Bureau

Legislative Council

Legislative Fiscal Bureau

Legislative Human Resources Office

Legislative Reference Bureau

Legislative Technology Services Bureau

Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB810: Bill Text

Up

Up

2025 - 2026 LEGISLATURE
LRB-5820/1
FFK:wlj
2025 ASSEMBLY BILL 810
December 23, 2025 - Introduced by Representatives
Penterman
,
Dittrich
,
Goeben
and
Behnke
, cosponsored by Senator
Cabral-Guevara
. Referred to Committee on Education.
AB810,1,2
1
An Act

to amend
119.04 (1) and 121.02 (1) (f);
to create
118.077 of the
2
statutes;
relating to:
recess in public schools.
Analysis by the Legislative Reference Bureau
Beginning in the 2026-27 school year, this bill requires public schools, including charter schools, to schedule at least 60 minutes of recess each school day for pupils in grades kindergarten to six. The bill specifies that pupils may not use computers, tablets, phones, or other personal electronic devices during minutes of recess that fulfill this requirement. The bill defines “recess” as time during which pupils have supervised, unstructured time for physical activity, play, organized games, or social engagement with other pupils. Under the bill, recess may not be withheld from a pupil as a disciplinary or punitive action, unless the pupil’s participation in recess poses an immediate threat to the safety of the pupil or others. In addition, the Department of Public Instruction must annually provide guidance and model professional development related to implementing the recess requirements in the bill.
Under current law, school boards and private schools participating in a parental choice program must annually schedule a minimum number of hours of direct pupil instruction. Current law specifies that time spent at recess counts toward this requirement. However, DPI’s current administrative rules state that no more than 30 minutes per day of recess may be counted towards the hours of direct pupil instruction requirement. The bill provides that up to 60 minutes per day of recess may count towards this requirement.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB810,1
1
Section

1
.
118.077 of the statutes is created to read:
AB810,2,4
2
118.077

Recess.

(1)

Definition.
In this section, “recess” means time
3
during the school day during which pupils are given supervised and unstructured
4
time for any of the following:
AB810,2,5
5
(a) Physical activity.
AB810,2,6
6
(b) Play.
AB810,2,7
7
(c) Organized games.
AB810,2,8
8
(d) Social engagement with other pupils.
AB810,2,11
9
(2)

Recess; requirements.
(a) Beginning in the 2026-27 school year, each
10
school board and operator of a charter school shall schedule at least 60 minutes of
11
recess each school day for pupils in grades kindergarten to 6.
AB810,2,14
12
(b) Time during which pupils transfer to and from recess, including any time
13
spent dressing or undressing to be outdoors during recess, does not count towards
14
the requirement under par. (a).
AB810,2,17
15
(c) The school board or operator of a charter school shall ensure that pupils do
16
not use computers, tablets, phones, or other personal electronic devices during
17
recess that fulfills the requirement under par. (a).
AB810,3,3
18
(3)

Withholding recess; prohibited
. No school board or operator of a
19
charter school may withhold recess as a disciplinary or punitive action, unless a
20
pupil’s participation in recess poses an immediate threat to the safety of the pupil or
1
others. Each school board and operator of a charter school shall take all reasonable
2
efforts to resolve such threats and minimize the use of exclusion from recess to the
3
greatest extent practicable.
AB810,3,6
4
(4)

Department; guidance
. The department shall provide school boards and
5
operators of charter schools with guidance and model professional development
6
resources for implementing this section.
AB810,2
7
Section

2
.
119.04 (1) of the statutes, as affected by
2025 Wisconsin Act 42
, is
8
amended to read:
AB810,3,22
9
119.04
(1)
Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
10
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
11
115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415,
12
115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076,
118.077,

13
118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16,
14
118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225,
15
118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.291, 118.292,
16
118.293, 118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55,
17
118.56, 118.58, 120.12 (2m), (4m), (5), (15) to (27), and (29), 120.125, 120.13 (1), (2)
18
(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14,
19
120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and
20
board but not, unless explicitly provided in this chapter or in the terms of a
21
contract, to the commissioner or to any school transferred to an opportunity schools
22
and partnership program.
AB810,3
23
Section

3
.
121.02 (1) (f) of the statutes, as affected by
2025 Wisconsin Act 15
,
24
is amended to read:
AB810,4,9
1
121.02
(1)
(f) Annually, schedule at least 437 hours of direct pupil instruction
2
in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and
3
at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours
4
under this paragraph include recess and time for pupils to transfer between classes
5
but do not include the lunch period
, except that the department may not count more
6
than 60 minutes per day of recess towards the requirement under this paragraph
.
7
Scheduled hours under this paragraph do not include hours of direct pupil
8
instruction offered during an interim session. Scheduled hours under this
9
paragraph may include hours on Saturdays.
AB810,4,10
10
(end)

Down

Down

/2025/related/proposals/ab810

true

proposaltext

/2025/related/proposals/ab810

proposaltext/2025/REG/AB810

proposaltext/2025/REG/AB810

section

true

Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB810: Bill Text

×

Details for

PDF view

Link
(Permanent link)

Bookmark this location

View toggle

Go to top of document

Search in this chapter

Search in this section

Search in this agency

Search in this chapter group

Search in this chapter

Search in this section

Cross references for section

Acts affecting this section

References to this

1970 Statutes Annotations

Appellate Court Citations

Administrative Code Index

Reference lines

Clear highlighting