§ 49056. — 49056. (Amended by Stats. 2024, Ch. 38, Sec. 54.)

California § 49056.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 6.: CHAPTER 6. Pupil Rights and Responsibilities
• Art. 9.: ARTICLE 9. Restorative Justice Practices

Text

(a)
Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public elementary 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 public elementary school 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 elementary 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)
(A)
“Public elementary school” means a school that is operated by a school district or county office of education, or a charter school that maintains kindergarten or any of grades 1 to 6, inclusive.
(B)
For a school that also maintains a grade higher than grade 6, the provisions of this section apply only to recess provided to pupils in kindergarten and any of grades 1 to 6, inclusive.
(C)
Notwithstanding subparagraph (B), the provisions of this section do not apply to pupils in grade 6 of a school that maintains grade 6 as part of a middle school or that solely maintains some or all of grades 6 to 12, inclusive, if the grade 6 pupils receive physical education pursuant to the requirements of Section 51222.
(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.

Legislative History

Amended by Stats. 2024, Ch. 38, Sec. 54. (SB 153) Effective June 29, 2024.