CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 291Introduced by Senator NewmanFebruary 02, 2023 An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights. LEGISLATIVE COUNSEL'S DIGESTSB 291, as introduced, Newman. Pupil rights: recess.Existing law requires the State Department of Education to encourage school districts to provide daily recess periods for elementary school pupils. Existing law authorizes the governing board of a school district to adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil is allowed for recess.This bill would delete the latter provision. The bill would require, commencing with the 202425 school year, a school district, county office of education, or charter school to provide a daily recess, as defined, of at least 30 minutes. The bill would prohibit school staff members from restricting a pupils recess unless there is an immediate threat to the physical safety of the pupil or the physical safety of one or more of the pupils peers, as provided. To the extent that the bill imposes new requirements on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44807.5 of the Education Code is repealed.44807.5.The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess.SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 291Introduced by Senator NewmanFebruary 02, 2023 An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights. LEGISLATIVE COUNSEL'S DIGESTSB 291, as introduced, Newman. Pupil rights: recess.Existing law requires the State Department of Education to encourage school districts to provide daily recess periods for elementary school pupils. Existing law authorizes the governing board of a school district to adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil is allowed for recess.This bill would delete the latter provision. The bill would require, commencing with the 202425 school year, a school district, county office of education, or charter school to provide a daily recess, as defined, of at least 30 minutes. The bill would prohibit school staff members from restricting a pupils recess unless there is an immediate threat to the physical safety of the pupil or the physical safety of one or more of the pupils peers, as provided. To the extent that the bill imposes new requirements on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 291
Introduced by Senator NewmanFebruary 02, 2023
Introduced by Senator Newman
February 02, 2023
An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 291, as introduced, Newman. Pupil rights: recess.
Existing law requires the State Department of Education to encourage school districts to provide daily recess periods for elementary school pupils. Existing law authorizes the governing board of a school district to adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil is allowed for recess.This bill would delete the latter provision. The bill would require, commencing with the 202425 school year, a school district, county office of education, or charter school to provide a daily recess, as defined, of at least 30 minutes. The bill would prohibit school staff members from restricting a pupils recess unless there is an immediate threat to the physical safety of the pupil or the physical safety of one or more of the pupils peers, as provided. To the extent that the bill imposes new requirements on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the State Department of Education to encourage school districts to provide daily recess periods for elementary school pupils. Existing law authorizes the governing board of a school district to adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil is allowed for recess.
This bill would delete the latter provision. The bill would require, commencing with the 202425 school year, a school district, county office of education, or charter school to provide a daily recess, as defined, of at least 30 minutes. The bill would prohibit school staff members from restricting a pupils recess unless there is an immediate threat to the physical safety of the pupil or the physical safety of one or more of the pupils peers, as provided. To the extent that the bill imposes new requirements on local educational agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 44807.5 of the Education Code is repealed.44807.5.The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess.SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 44807.5 of the Education Code is repealed.44807.5.The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess.
SECTION 1. Section 44807.5 of the Education Code is repealed.
### SECTION 1.
44807.5.The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess.
The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess.
SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.
SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:
### SEC. 2.
49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.
49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.
49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.(b) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, or charter school.(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:(A) Physical activity.(B) Play.(C) Organized games.(D) Social engagement with peers.
49056. (a) (1) Commencing with the 202425 school year, a local educational agency serving pupils in kindergarten or any of grades 1 to 8, inclusive, shall provide a daily recess period of at least 30 minutes.
(2) Recess shall be held outdoors whenever the weather permits. If outdoor space is not sufficient, recess may be held indoors if the space is sufficient to facilitate physical activity and play.
(3) Recess shall comply with a pupils individualized education program or pupils plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(4) (A) A pupil shall not be denied recess by a member of the schools staff unless the pupils participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupils peers.
(B) If a pupils recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable.
(b) For purposes of this section, the following definitions apply:
(1) Local educational agency means a school district, county office of education, or charter school.
(2) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, when pupils are given supervised and unstructured time for any of the following:
(A) Physical activity.
(B) Play.
(C) Organized games.
(D) Social engagement with peers.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.