Starting in the upcoming 2024-25 school year, new requirements are going into effect for elementary school recess in California, including at charter schools. These changes will impact public schools that offer recess in kindergarten through grade 6, unless the school serves grade 6 only as part of a middle and/or high school program. The new requirements are a result of Education Code section 49056, added by Senate Bill 291 (SB 291). The education budget trailer bill signed on June 29, 2024, Senate Bill 153 (SB 153), made further changes.  

Purpose of the new law

SB 291 was passed in 2023, adding new recess requirements in Education Code section 49056 that commence in the upcoming 2024-25 school year. Coming out of the COVID-19 pandemic, the authors of SB 291 recognized the lingering effects of the pandemic on children’s social-emotional development that play out in the form of prevalent behavioral disruptions in classrooms. The goal of SB 291 is to prioritize and protect unstructured play and peer-to-peer social interactions in schools, in part to help schools address students’ behavioral needs.

The bill analysis for SB 291 also noted research indicating that recess can allow children to test and push their limits, develop physical literacy, and achieve mastery of new skills. While recess time in public schools declined under the No Child Left Behind era, the legislation’s author noted that recess is making a comeback.

SB 291 was aimed at elementary schools, and this was confirmed by the grade level amendments passed in the recent education budget trailer bill, SB 153. 

No requirement to offer recess, but new requirements for elementary schools that offer recess

Recess is not mandatory in California public schools at any grade level, although school districts are encouraged to provide daily recess periods for elementary school students. SB 291 did not change this, though the author noted that eight states do require recess. Earlier versions of the legislation would have made recess mandatory in California at certain grade levels, and news articles about those early versions have led to some confusion at schools. The final, approved version of Education Code section 49056 does not require schools to offer recess. Instead, it adds new requirements for elementary schools that do offer recess.

Definition of “elementary” school

The recess requirements in Education Code section 49056 only apply to public “elementary” schools. An “elementary” school is defined as a public school that serves any of the grades from TK-6. If a school only serves grade 6 as part of a middle and/or high school program, and does not serve younger grades, the school is exempt from the new law so long as it provides P.E. to their 6^th grade students. 

For schools that maintain grades from TK-6 and also go higher than grade 6—like a TK-12 or TK-8 charter school—the law applies only to recess provided to students in grades TK-6.

Feel free to reach out to our attorneys if you have any questions about whether the new law applies to your school’s grade configurations. 

Definition of “recess”

The term “recess” is defined broadly in the new law to include a period of time during the school day, separate and distinct from physical education courses and mealtime, when pupils are given supervised and unstructured time for any of the following:

• physical activity;
• play;
• organized games; or
• peer social engagement.

Schools should read this definition carefully to determine whether the new law affects their programs. Any school that offers these types of break times, whether or not it is called “recess,” must comply with the new law. Some schools may offer recess only at certain grade levels, or only for certain tracks within a grade level, and SB 291 does not require a school to uniformly offer recess across grade levels or across a charter. Rather, SB 291 adds new requirements for any recess time that a school already offers or intends to offer in its elementary program.

New requirements for schools that offer recess

Starting in the 2024-25 school year, recess provided by a public school must meet all of the following requirements under new Education Code section 49056:

1. Recess must be at least 30 minutes on regular instructional days and at least 15 minutes on early release days. Note that recess is not required on days dedicated to a field trip or certain other educational programs.
2. Recess must be provided in one or more periods of time that are distinct from P.E. and meal times. The total 30 minutes (15 minutes on early release days) for recess may be split across multiple recess periods, and those recess periods can be adjacent to lunch or P.E. But the bell schedule should clearly separate recess from P.E. and meal times. It’s okay to provide students a snack during recess, but a school cannot count any portion of a meal time toward the 30-minute recess period.
3. Recess must be held outdoors whenever weather and air quality permits. If outdoor space is not sufficient, which is the case at some schools, recess may be held indoors. Note there is no explanation of what it means under the new law for weather and air quality to be adequate for outdoor recess. These are local decisions, meaning schools have flexibility to use their best judgment about when to hold recess inside.
4. Recess must comply with a student’s individualized education plan (IEP) or Section 504 Plan. Schools already do this, but the protection is included in the new law to ensure schools are offering recess for all students. On a case-by-case basis, consider how your school accommodates students to participate in your recess periods in accordance with their IEP or 504 Plan. This may include supports that address physical accessibility, behavioral challenges, or social interactions.
5. Pupils cannot be denied recess, unless participating in recess poses an immediate threat to their own safety or the safety of peers. This new requirement is intended to ensure schools do not take away recess as a form of punishment or student discipline, which was previously allowed. If a school needs to deny recess for a particular student based on an immediate safety threat, the school is required to make all reasonable efforts to resolve such threats and minimize exclusion to the greatest extent possible. For instance, if the school has separated two students based on a disagreement that could escalate into a physical fight, the school needs to make reasonable efforts to resolve the situation and allow both students to participate in recess, if possible. In accordance with number 4, above, schools should also consider whether a student’s disability (if one exists) is a contributing factor in the denial of recess. If so, then additional supports and accommodations may need to be provided in order to comply with the student’s IEP or 504 Plan instead of denying recess. Of course, the school should also follow its student discipline procedures, safety plan, and threat assessment procedures, as warranted under the circumstances.

Remember, the above requirements only apply if a school offers recess as defined under the law. Education Code section 49056 does not require schools to begin offering recess if they did not offer recess before.

Please feel free to reach out to those of us in our Education practice if you have any questions about how these new recess requirements apply to your individual school or program.