STATE OF NEW YORK ________________________________________________________________________ 8007 2023-2024 Regular Sessions IN ASSEMBLY September 1, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring a period of unstructured physical play for pupils enrolled in kindergarten and grades one through five 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. School recess period; Scheduling. 1. As used in this section 4 the term "recess" means a regularly scheduled, supervised, period in the 5 school day for pupils to engage in unstructured physical activity held 6 outside if reasonable. 7 2. Every day of the school year, each elementary school shall either: 8 (a) schedule a reasonable time of no less than thirty minutes for each 9 full day pupil attending kindergarten through grade five to participate 10 in recess; or 11 (b) schedule two reasonable times of no less than fifteen minutes each 12 for each full day pupil attending kindergarten through grade five to 13 participate in recess. 14 (c) such time shall not also be used as a scheduled time to consume 15 lunch as required by section eight hundred thirteen of this article or 16 as a scheduled time for physical education as outlined by section eight 17 hundred three of this article. 18 § 2. This act shall take effect on the ninetieth day after it shall 19 become a law and shall apply to school years commencing on and after the 20 first of July next succeeding such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10752-01-3