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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1081 By: Rosecrants
AS INTRODUCED
An Act relating to schools; creating the Right to
Recess Act; amending 70 O.S. 2021, Section 11 -103.9,
which relates to physical education programs;
requiring schools to provide a minimum amount of
daily recess time for certain students; permitting
recess time to be divided ; excluding recess
preparation time; providing for scope of recess
activities; excepting certain club or group meetings;
prohibiting withholding of recess for discipline or
punitive reasons; providing an exception for s afety
reasons; mandating recess to occur outside the school
building except in certain conditions; requiring
recess for certain students to comply with certain
laws; providing exemption for certain students ;
providing for noncodification; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Right to Recess
Act".
SECTION 2. AMENDATORY 70 O.S. 2021, Section 11-103.9, is
amended to read as follows:
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Section 11-103.9 A. Except as otherwise provided for in this
section, the State Board of Education shall require, as a condition
of accreditation, that school districts provide to all students
physical education programs which may include athle tics.
B. The Board shall require, as a condition of accreditation,
that public elementary schools provide instruction, for students in
full-day kindergarten and grades o ne through five, in physical
education or exercise programs for a minimum of an averag e of sixty
(60) minutes each week. The time students participate in recess
shall not be counted toward the sixty -minutes-per-week physical
education requirement. School s may exclude from participation in
the physical education or exercise programs requir ed in this
subsection those students who have been placed into an in -house
suspension or detention class or placement or those students who are
under an in-school restriction or are subject to an administrative
disciplinary action.
C. The Board shall requ ire, as a condition of accreditation,
that public elementary schools provide to students in full -day
kindergarten and grades one through five, in addition to the
requirements set forth in subsection B of this section, an average
of sixty (60) minutes each week of physical activity, which may
include, but not be limited to, physical education, exercise
programs, fitness breaks, recess, and classroom activities, and
wellness and nutrition education. Each school district board of
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education shall determine the specific activities and means of
compliance with the provisions of this subsection, giving
consideration to the recommendations of each school 's Healthy and
Fit School Advisory Committee as submitted to the school principal
pursuant to the provisions of S ection 24-100a of this title.
D. The Board shall disseminate information to each school
district on the benefits of physical education programs and shall
strongly encourage districts to pro vide physical education
instruction to students in grades six thro ugh twelve.
E. The Board shall also strongly encourage require school
districts to incorporate physical activity into the school day by
providing to students in full-day prekindergarten, kindergarten, and
grades one through five at least a twenty-minute forty-minute daily
recess, which may be divided into t wo periods of at least twenty
(20) consecutive minutes.
1. The daily recess shall be in addition to the sixty (60)
minutes of physical education as required by subsection B of this
section, and by allowing. Time spent preparing to go to recess
shall not count toward the daily time required for recess. Recess
shall be supervised, unstructured, and child-directed to the
greatest extent practicable. Nothing in this subsection shall
prevent a school-sponsored club or group from meeting during recess
time.
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2. A public school teacher shall make a good-faith effort to
not withhold recess from a student as a disciplinary or puni tive
action, except when a student's participation in recess poses an
immediate threat to the safety of the student or others. School
officials shall make all reaso nable efforts to resolve such threats
and minimize the use of exclusion from recess to the greatest extent
practicable.
3. Recess shall occur outside the school building unless
weather or other conditions require it to occur inside. Schools
shall also provide all students brief physical activity breaks
throughout the day, physical activity clubs, and special events.
4. For students with disabilities, recess shall comply with the
individualized education programs (IEPs) or federal Section 504
plans of the students.
5. Virtual charter schools and students enrolled in blended
instruction programs shall be exempt from the requirements of this
subsection.
E. F. Instruction in physical education required in this
section shall be aligned with the subject matter standards as
adopted by the Board.
F. G. The physical education curriculum sh all be sequential,
developmentally appropriate, and designed , implemented, and
evaluated to enable students to develop the motor and self -
management skills and knowledge necessary to participate in physical
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activity throughout life. Each school district s hall establish
specific objectives and goals the district in tends to accomplish
through the physical education curriculum.
G. H. In identifying the essential knowledge and skills, the
State Board of Education shall ensure that the su bject matter
standards for physical education:
1. Emphasize the knowledge and skills capable of being used
during a lifetime of regular physical activity;
2. Are consistent with national physical education standards
for:
a. the information that students should learn about
physical activity, and
b. the physical activities that students sh ould be able
to perform;
3. Require that, on a weekly basis, at least fifty per cent
(50%) of the physical education class be used for actual student
physical activity and that the activity be, to the extent
practicable, at a moderate or vigorous level;
4. Offer students an opportun ity to choose among many types of
physical activity in which to participate;
5. Offer students both cooperative and competitive games;
6. Meet the needs of student s of all physical ability levels,
including students who have a disability, chronic health problem, or
other special need that precludes the st udent from participating in
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regular physical education instruction but who might be able to
participate in physic al education that is suitably adapted and, if
applicable, included in the student's individualized education
program;
7. Teach self-management and movement skills;
8. Teach cooperation, fair play, and responsible participation
in physical activity;
9. Promote student participation in physical activity outside
of school; and
10. Allow physical education classes to be an enjoyable
experience for students.
H. I. The Board shall adopt rules to implement the provisions
of this section.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect a nd
be in full force from and after its passage and approval.
59-1-5945 EK 01/12/23