Enrolled  September 15, 2023
Passed  IN  Senate  September 13, 2023
Passed  IN  Assembly  September 12, 2023
Amended  IN  Assembly  August 14, 2023
Amended  IN  Senate  May 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 291

Introduced by Senator Newman

February 02, 2023

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, 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, recess, as defined, that is provided by a public school operated by a school district or county office of education, or that is a charter 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 Section 44807.5 of the Education Code is repealed.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) Commencing with the 2024–25 school year, 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.
(c) For purposes of this section, the following definitions apply:
(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.
(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.