Bill Text: CA SB291 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil rights: recess.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 863, Statutes of 2023. [SB291 Detail]

Download: California-2023-SB291-Amended.html

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Amended  IN  Assembly  August 14, 2023

Amended  IN  Senate  May 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 291

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Introduced by Senator Newman

February 02, 2023

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An act to add Section 49056 to, and to repeal Section 44807.5 of, the Education Code, relating to pupil rights.

LEGISLATIVE COUNSEL'S DIGEST

SB 291, as amended, 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 2024–25 school year, schools operated and maintained recess, as defined, that is provided by a public school operated by a school district, district or county office of education, or that is a charter school that maintain kindergarten or any of grades 1 to 6, inclusive, but no grade higher than grade 6, to provide a daily recess, as defined, of at least 30 minutes. 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 pupil’s recess unless there is an immediate threat to the physical safety of the pupil or the physical safety of one or more of the pupil’s peers, as provided. To the extent that the bill imposes new requirements on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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Bill Text

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) (1)Commencing with the 2024–25 school year, elementary schools shall provide a daily recess period of at least 30 minutes. 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 pupil’s individualized education program or pupil’s 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 school’s staff unless the pupil’s participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupil’s peers.

(B) If a pupil’s 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.

(b)

(c) For purposes of this section, the following definitions apply:

(1)“Elementary school” means a school operated and maintained by a school district, county office of education, or charter school that maintains kindergarten or any of grades 1 to 6, inclusive, but no grade higher than grade 6.

(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.

(2)

(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.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.