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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1081 By: Rosecrants
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; creating the Right to
41	41	Recess Act; amending 70 O.S. 2021, Section 11 -103.9,
42	42	which relates to physical education programs;
43	43	requiring schools to provide a minimum amount of
44	44	daily recess time for certain students; permitting
45	45	recess time to be divided ; excluding recess
46	46	preparation time; providing for scope of recess
47	47	activities; excepting certain club or group meetings;
48	48	prohibiting withholding of recess for discipline or
49	49	punitive reasons; providing an exception for s afety
50	50	reasons; mandating recess to occur outside the school
51	51	building except in certain conditions; requiring
52	52	recess for certain students to comply with certain
53	53	laws; providing exemption for certain students ;
54	54	providing for noncodification; providing an effective
55	55	date; and declaring an emergency .
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61	61	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	62	SECTION 1. NEW LAW A new section of law not to be
63	63	codified in the Oklahoma Statutes reads as follows:
64	64	This act shall be known and may be cited as the "Right to Recess
65	65	Act".
66	66	SECTION 2. AMENDATORY 70 O.S. 2021, Section 11-103.9, is
67	67	amended to read as follows:
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94	94	Section 11-103.9 A. Except as otherwise provided for in this
95	95	section, the State Board of Education shall require, as a condition
96	96	of accreditation, that school districts provide to all students
97	97	physical education programs which may include athle tics.
98	98	B. The Board shall require, as a condition of accreditation,
99	99	that public elementary schools provide instruction, for students in
100	100	full-day kindergarten and grades o ne through five, in physical
101	101	education or exercise programs for a minimum of an averag e of sixty
102	102	(60) minutes each week. The time students participate in recess
103	103	shall not be counted toward the sixty -minutes-per-week physical
104	104	education requirement. School s may exclude from participation in
105	105	the physical education or exercise programs requir ed in this
106	106	subsection those students who have been placed into an in -house
107	107	suspension or detention class or placement or those students who are
108	108	under an in-school restriction or are subject to an administrative
109	109	disciplinary action.
110	110	C. The Board shall requ ire, as a condition of accreditation,
111	111	that public elementary schools provide to students in full -day
112	112	kindergarten and grades one through five, in addition to the
113	113	requirements set forth in subsection B of this section, an average
114	114	of sixty (60) minutes each week of physical activity, which may
115	115	include, but not be limited to, physical education, exercise
116	116	programs, fitness breaks, recess, and classroom activities, and
117	117	wellness and nutrition education. Each school district board of
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144	144	education shall determine the specific activities and means of
145	145	compliance with the provisions of this subsection, giving
146	146	consideration to the recommendations of each school 's Healthy and
147	147	Fit School Advisory Committee as submitted to the school principal
148	148	pursuant to the provisions of S ection 24-100a of this title.
149	149	D. The Board shall disseminate information to each school
150	150	district on the benefits of physical education programs and shall
151	151	strongly encourage districts to pro vide physical education
152	152	instruction to students in grades six thro ugh twelve.
153	153	E. The Board shall also strongly encourage require school
154	154	districts to incorporate physical activity into the school day by
155	155	providing to students in full-day prekindergarten, kindergarten, and
156	156	grades one through five at least a twenty-minute forty-minute daily
157	157	recess, which may be divided into t wo periods of at least twenty
158	158	(20) consecutive minutes.
159	159	1. The daily recess shall be in addition to the sixty (60)
160	160	minutes of physical education as required by subsection B of this
161	161	section, and by allowing. Time spent preparing to go to recess
162	162	shall not count toward the daily time required for recess. Recess
163	163	shall be supervised, unstructured, and child-directed to the
164	164	greatest extent practicable. Nothing in this subsection shall
165	165	prevent a school-sponsored club or group from meeting during recess
166	166	time.
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193	193	2. A public school teacher shall make a good-faith effort to
194	194	not withhold recess from a student as a disciplinary or puni tive
195	195	action, except when a student's participation in recess poses an
196	196	immediate threat to the safety of the student or others. School
197	197	officials shall make all reaso nable efforts to resolve such threats
198	198	and minimize the use of exclusion from recess to the greatest extent
199	199	practicable.
200	200	3. Recess shall occur outside the school building unless
201	201	weather or other conditions require it to occur inside. Schools
202	202	shall also provide all students brief physical activity breaks
203	203	throughout the day, physical activity clubs, and special events.
204	204	4. For students with disabilities, recess shall comply with the
205	205	individualized education programs (IEPs) or federal Section 504
206	206	plans of the students.
207	207	5. Virtual charter schools and students enrolled in blended
208	208	instruction programs shall be exempt from the requirements of this
209	209	subsection.
210	210	E. F. Instruction in physical education required in this
211	211	section shall be aligned with the subject matter standards as
212	212	adopted by the Board.
213	213	F. G. The physical education curriculum sh all be sequential,
214	214	developmentally appropriate, and designed , implemented, and
215	215	evaluated to enable students to develop the motor and self -
216	216	management skills and knowledge necessary to participate in physical
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243	243	activity throughout life. Each school district s hall establish
244	244	specific objectives and goals the district in tends to accomplish
245	245	through the physical education curriculum.
246	246	G. H. In identifying the essential knowledge and skills, the
247	247	State Board of Education shall ensure that the su bject matter
248	248	standards for physical education:
249	249	1. Emphasize the knowledge and skills capable of being used
250	250	during a lifetime of regular physical activity;
251	251	2. Are consistent with national physical education standards
252	252	for:
253	253	a. the information that students should learn about
254	254	physical activity, and
255	255	b. the physical activities that students sh ould be able
256	256	to perform;
257	257	3. Require that, on a weekly basis, at least fifty per cent
258	258	(50%) of the physical education class be used for actual student
259	259	physical activity and that the activity be, to the extent
260	260	practicable, at a moderate or vigorous level;
261	261	4. Offer students an opportun ity to choose among many types of
262	262	physical activity in which to participate;
263	263	5. Offer students both cooperative and competitive games;
264	264	6. Meet the needs of student s of all physical ability levels,
265	265	including students who have a disability, chronic health problem, or
266	266	other special need that precludes the st udent from participating in
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293	293	regular physical education instruction but who might be able to
294	294	participate in physic al education that is suitably adapted and, if
295	295	applicable, included in the student's individualized education
296	296	program;
297	297	7. Teach self-management and movement skills;
298	298	8. Teach cooperation, fair play, and responsible participation
299	299	in physical activity;
300	300	9. Promote student participation in physical activity outside
301	301	of school; and
302	302	10. Allow physical education classes to be an enjoyable
303	303	experience for students.
304	304	H. I. The Board shall adopt rules to implement the provisions
305	305	of this section.
306	306	SECTION 3. This act shall become effective July 1, 2023.
307	307	SECTION 4. It being immediately necessary for the preservation
308	308	of the public peace, health or safety, an emergency is hereby
309	309	declared to exist, by reason whereof thi s act shall take effect a nd
310	310	be in full force from and after its passage and approval.
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312	312	59-1-5945 EK 01/12/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1081 Compare Versions