| 1 | | - | Senate Bill No. 291 CHAPTER 863An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights. [ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 291, 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44807.5 of the Education Code is repealed.SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 1 | + | Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly August 14, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 291Introduced by Senator NewmanFebruary 02, 2023An 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, 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44807.5 of the Education Code is repealed.SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 3 | | - | Senate Bill No. 291 CHAPTER 863An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights. [ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 291, 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 3 | + | Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly August 14, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 291Introduced by Senator NewmanFebruary 02, 2023An 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, 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 291, Newman. Pupil rights: recess. |
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| 20 | 31 | | |
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| 21 | 32 | | 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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. |
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| 22 | 33 | | |
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| 23 | 34 | | 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. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would delete the latter provision. The bill would require, commencing with the 202425 school year, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter school, to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days, as provided. 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. |
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| 26 | 37 | | |
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| 27 | 38 | | ## Digest Key |
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| 28 | 39 | | |
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| 29 | 40 | | ## Bill Text |
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| 30 | 41 | | |
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| 31 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 44807.5 of the Education Code is repealed.SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 32 | 43 | | |
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| 33 | 44 | | The people of the State of California do enact as follows: |
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| 34 | 45 | | |
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| 35 | 46 | | ## The people of the State of California do enact as follows: |
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| 36 | 47 | | |
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| 37 | 48 | | SECTION 1. Section 44807.5 of the Education Code is repealed. |
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| 38 | 49 | | |
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| 39 | 50 | | SECTION 1. Section 44807.5 of the Education Code is repealed. |
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| 40 | 51 | | |
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| 41 | 52 | | ### SECTION 1. |
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| 42 | 53 | | |
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| 43 | 54 | | |
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| 44 | 55 | | |
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| 45 | 56 | | SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read:49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 46 | 57 | | |
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| 47 | 58 | | SEC. 2. Section 49056 is added to the Education Code, immediately following Section 49055, to read: |
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| 48 | 59 | | |
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| 49 | 60 | | ### SEC. 2. |
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| 50 | 61 | | |
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| 51 | 62 | | 49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 52 | 63 | | |
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| 53 | 64 | | 49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 54 | 65 | | |
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| 55 | 66 | | 49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school:(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.(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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.(b) This section does not prohibit a public school from providing pupils with a snack during recess.(c) For purposes of this section, the following definitions apply:(1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.(2) Public school means a school that is operated by a school district or county office of education, or a charter school.(3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or 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. |
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| 56 | 67 | | |
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| 57 | 68 | | |
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| 58 | 69 | | |
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| 59 | 70 | | 49056. (a) Commencing with the 202425 school year, all of the following shall apply to recess provided by a public school: |
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| 60 | 71 | | |
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| 61 | 72 | | (1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods. |
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| 62 | 73 | | |
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| 63 | 74 | | (B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program. |
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| 64 | 75 | | |
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| 65 | 76 | | (2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors. |
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| 66 | 77 | | |
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| 67 | 78 | | (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). |
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| 68 | 79 | | |
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| 69 | 80 | | (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. |
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| 70 | 81 | | |
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| 71 | 82 | | (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. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5. |
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| 72 | 83 | | |
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| 73 | 84 | | (b) This section does not prohibit a public school from providing pupils with a snack during recess. |
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| 74 | 85 | | |
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| 75 | 86 | | (c) For purposes of this section, the following definitions apply: |
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| 76 | 87 | | |
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| 77 | 88 | | (1) Educational program means the entire school-sponsored offering for pupils, including in-class and out-of-class activities. |
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| 78 | 89 | | |
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| 79 | 90 | | (2) Public school means a school that is operated by a school district or county office of education, or a charter school. |
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| 80 | 91 | | |
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| 81 | 92 | | (3) Recess means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or meal times, when pupils are given supervised and unstructured time for any of the following: |
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| 82 | 93 | | |
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| 83 | 94 | | (A) Physical activity. |
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| 84 | 95 | | |
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| 85 | 96 | | (B) Play. |
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| 86 | 97 | | |
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| 87 | 98 | | (C) Organized games. |
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| 88 | 99 | | |
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| 89 | 100 | | (D) Social engagement with peers. |
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