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Oklahoma House Bill HB1081

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1081 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1081 By: Rosecrants, Pae, Menz,
30-Boles, Roe, Deck, Talley,
31-and Swope of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 59th Legislature (2024)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 1081 By: Rosecrants and Pae of the
38+House
3239
3340 and
3441
3542 Garvin of the Senate
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48+
49+COMMITTEE SUBSTITUTE
4150
4251 An Act relating to schools; creating the Right to
4352 Recess Act; amending 70 O.S. 2021, Section 11-103.9,
4453 which relates to physical education programs;
4554 requiring schools to provide a daily recess for
4655 certain students; authorizing board of education to
4756 establish timing and duration of recess; recommending
4857 a minimum recess duration; providing for scope of
4958 recess activities; excepting certain club or group
5059 meetings; prohibiting withholding of recess for
5160 discipline or punitive reasons; providing an
5261 exception for safety reasons; mandating recess to
5362 occur outside the school building except in c ertain
5463 conditions; requiring recess for certain students to
5564 comply with certain laws; providing exemption for
56-certain students; and providing for noncodification.
57-
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65+certain students; providing for noncodification;
66+providing an effective date; and declaring an
67+emergency.
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6473 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65-SECTION 1. NEW LAW A new section of law not to be
66-codified in the Oklahoma Statutes reads as follows:
67-This act shall be known and may be cited as the "Right to Recess
68-Act".
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101+SECTION 1. NEW LAW A new section of law not to be
102+codified in the Oklahoma Statutes reads as follows:
103+This act shall be known and may be cited as the "Right to Recess
104+Act".
95105 SECTION 2. AMENDATORY 70 O.S. 2021, Section 11-103.9, is
96106 amended to read as follows:
97107 Section 11-103.9 A. Except as otherwise provided for in this
98108 section, the State Board of Educati on shall require, as a condition
99109 of accreditation, that school districts provide to all students
100110 physical education programs which may include athle tics.
101111 B. The Board shall require, as a condition of accreditation,
102112 that public elementary schools provide i nstruction, for students in
103113 full-day kindergarten and grades o ne through five, in physical
104114 education or exercise programs for a minimum of an averag e of sixty
105115 (60) minutes each week. The time students participate in recess
106116 shall not be counted toward the sixty-minutes-per-week physical
107117 education requirement. School s may exclude from participation in
108118 the physical education or exercise programs requir ed in this
109119 subsection those students who have been placed into an in -house
110120 suspension or detention class or placement or those students who are
111121 under an in-school restriction or are subject to an administrative
112122 disciplinary action.
113123 C. The Board shall requ ire, as a condition of accreditation,
114124 that public elementary schools provide to students in full -day
115-kindergarten and grades one through five, in addition to the
116-requirements set forth in subsection B of this section, an average
117-of sixty (60) minutes each week of physical activity, which may
118-include, but not be limited to, physical education, exercise
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152+kindergarten and grades one through five, in addition to the
153+requirements set forth in subsection B of this section, an average
154+of sixty (60) minutes each week of physical activity, which may
155+include, but not be limited to, physical education, exercise
145156 programs, fitness breaks, recess, and classroom activities, and
146157 wellness and nutrition education. Each school district board of
147158 education shall determine the specific activities and means of
148159 compliance with the provisions of this subsection, giving
149160 consideration to the recommendations of each school 's Healthy and
150161 Fit School Advisory Committee as submitted to the school principal
151162 pursuant to the provisions of S ection 24-100a of this title.
152163 D. The Board shall disseminate information to each school
153164 district on the benefits of physical education programs and shall
154165 strongly encourage districts to provide physical education
155166 instruction to students in grades six thro ugh twelve.
156167 E. The Board shall also strongly encourage require school
157168 districts to incorporate physical act ivity into the school day by
158169 providing a daily recess to students in full-day prekindergarten,
159170 kindergarten, and grades one through five at least a twenty-minute
160171 daily recess, which. Each school district board of education shall
161172 be permitted to establish the timing and duration of the daily
162173 recess; provided, that a thirty-minute daily recess is strongly
163174 recommended.
164-1. The daily recess shall be in addition to the weekly sixty
165-(60) minutes of physic al education as required by subsection B of
166-this section, and by allowing. Recess shall be supervised,
167-unstructured, and child-directed to the greatest extent practicable.
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202+1. The daily recess shall be in addition to the weekly sixty
203+(60) minutes of physic al education as required by subsection B of
204+this section, and by allowing. Recess shall be supervised,
205+unstructured, and child-directed to the greatest extent practicable.
194206 Nothing in this subsection shall prevent a school -sponsored club or
195207 group from meeting during recess time.
196208 2. A public school teacher shall make a good-faith effort to
197209 not withhold recess from a student as a disciplinar y or punitive
198210 action, except when a student's participation in recess poses an
199211 immediate threat to the safety of the student or others. School
200212 officials shall make all reaso nable efforts to resolve such threats
201213 and minimize the use of exclusion from recess to the greatest extent
202214 practicable.
203215 3. Recess shall occur outside the school building unless
204216 weather or other conditions require it to occur inside. Schools
205217 shall also provide all students brief physical activity breaks
206218 throughout the day, physical activity clubs, and special events.
207219 4. For students with disabilities, recess shall comply with the
208220 individualized education programs (IEPs) or federal Section 504
209221 plans of the students.
210222 5. Virtual charter schools and students enrolled in blended
211223 instruction programs shall be exempt from the requirements of this
212224 subsection.
213-E. F. Instruction in physical education required in this
214-section shall be aligned with the subject matter standards as
215-adopted by the Board.
216-F. G. The physical education curriculum sh all be sequential,
217-developmentally appr opriate, and designed, implemented, and
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252+E. F. Instruction in physical education required in this
253+section shall be aligned with the subject matter standards as
254+adopted by the Board.
255+F. G. The physical education curriculum sh all be sequential,
256+developmentally appr opriate, and designed, implemented, and
244257 evaluated to enable students to develop the motor and self -
245258 management skills and knowledge necessar y to participate in physical
246259 activity throughout life. Each school district s hall establish
247260 specific objectives and goals the district intends to accomplish
248261 through the physical education curriculum.
249262 G. H. In identifying the essential knowledge and skill s, the
250263 State Board of Education shall ensure that the su bject matter
251264 standards for physical education:
252265 1. Emphasize the knowledge and skills capable of being used
253266 during a lifetime of regular physical activity;
254267 2. Are consistent with national physical ed ucation standards
255268 for:
256269 a. the information that students should learn about
257270 physical activity, and
258271 b. the physical activities that students should be able
259272 to perform;
260273 3. Require that, on a weekly basis, at least fifty per cent
261274 (50%) of the physical educatio n class be used for actual student
262-physical activity and that the activity be, to the extent
263-practicable, at a modera te or vigorous level;
264-4. Offer students an opportunity to choose among many types of
265-physical activity in which to participate;
266-5. Offer students both cooperative and competitive games;
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302+physical activity and that the activity be, to the extent
303+practicable, at a modera te or vigorous level;
304+4. Offer students an opportun ity to choose among many types of
305+physical activity in which to participate;
306+5. Offer students both cooperative and competitive games;
293307 6. Meet the needs of student s of all physical ability levels,
294308 including students who have a disability, chronic health problem, or
295309 other special need that precludes the st udent from participating in
296310 regular physical education instruction but who might be able to
297311 participate in physic al education that is suitably adapted a nd, if
298312 applicable, included in the student's individualized education
299313 program;
300314 7. Teach self-management and movement skills;
301315 8. Teach cooperation, fair play, and responsible participation
302316 in physical activity;
303317 9. Promote student participation in physica l activity outside
304318 of school; and
305319 10. Allow physical education classes to be an enjoyable
306320 experience for students.
307321 H. I. The Board shall adopt rules to implement the provisions
308322 of this section.
323+SECTION 3. This act shall become effective July 1, 2024.
324+SECTION 4. It being immediately necessary for the preservation
325+of the public peace, health or safety, an emergency is hereby
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335-Passed the House of Representatives the 5th day of March, 2024.
353+declared to exist, by reason whereof thi s act shall take effect and
354+be in full force from and after its passage and approval.
336355
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340- Presiding Officer of the H ouse
341- of Representatives
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345-Passed the Senate the ___ day of __________, 2024.
346-
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350- Presiding Officer of the Senate
356+COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/27/2024
357+- DO PASS, As Amended and Coauthored.