§ 10-221o — Lunch periods. Recess. Undirected play. Boards to adopt policies addressing limitation of physical exercise.

(a) Each local and regional board of education shall require each school under its jurisdiction to (1) offer all full day students a daily lunch period of not less than twenty minutes, and (2) include in the regular school day for each student enrolled in elementary school time devoted to physical exercise of not less than twenty minutes in total, except that a planning and placement team may develop a different schedule for a child requiring special education and related services in accordance with chapter 164 and the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. In the event of a conflict with this section and any provision of chapter 164, such other provision of chapter 164 shall be deemed controlling. Nothing in this subsection shall prevent a local or regional board of education from including an additional amount of time, beyond the twenty minutes required for physical exercise, devoted to undirected play during the regular school day for each student enrolled in elementary school. (b) For the school year commencing July 1, 2022, and each school year thereafter, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the circumstances when a school employee may prevent or otherwise restrict a student from participating in the entire time devoted to physical exercise in the regular school day, pursuant to subsection (a) of this section, as a form of discipline. Such policy shall (1) permit such prevention or restriction (A) when a student poses a danger to the health or safety of other students or school personnel, or (B) when such prevention or restriction is limited to the period devoted to physical exercise that is the shortest in duration if there are two or more periods devoted to physical exercise in a school day, provided the period of time devoted to physical exercise that such student may participate in during such school day is at least twenty minutes in duration, (2) only permit such prevention or restriction once during a school week, unless such student is a danger to the health or safety of other students or school personnel, (3) not include any provisions that such board determines are unreasonably restrictive or punitive, (4) distinguish between (A) discipline imposed prior to the start of such time devoted to physical exercise and discipline imposed during such time devoted to physical exercise, and (B) discipline that (i) prevents or otherwise restricts a student from participating in such time devoted to physical exercise prior to such time devoted to physical exercise, and (ii) methods used to redirect a student's behavior during such time devoted to physical exercise, and (5) not permit such prevention or restriction if a student does not complete such student's work on time or for such student's academic performance. For purposes of this section, “school employee” means (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, paraeducator or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

Legislative History

(P.A. 04-224, S. 1; P.A. 12-116, S. 9; 12-198, S. 5; P.A. 13-173, S. 2; P.A. 18-15, S. 6; P.A. 19-173, S. 1; P.A. 22-81, S. 9; P.A. 24-41, S. 28.) History: P.A. 04-224 effective July 1, 2004 (Revisor's note: A reference to “Individual With Disabilities Education Act” was changed editorially by the Revisors to “Individuals With Disabilities Education Act” for accuracy); P.A. 12-116 amended Subdiv. (2) by replacing “a period of physical exercise” with “time devoted to physical exercise of not less than twenty minutes in total”, effective July 1, 2012; P.A. 12-198 made identical changes as P.A. 12-116, effective July 1, 2012; P.A. 13-173 designated existing provisions as Subsec. (a) and amended same to replace “grades kindergarten to five, inclusive,” with “elementary school” in Subdiv. (2) and added Subsec. (b) requiring each board to adopt a policy concerning the restriction of physical exercise as a form of discipline and defining “school employee”, effective July 1, 2013; P.A. 18-15 amended Subsec. (b) by adding “school counselor”, effective July 1, 2018; P.A. 19-173 amended Subsec. (a) by adding provision re additional time devoted to undirected play, and amended Subsec. (b) by replacing “2013” with “2019” and adding “or undirected play”, effective July 1, 2019; P.A. 22-81 amended Subsec. (b) by deleting existing provisions re adoption of policy concerning issue of school employee being involved in preventing a student from participating in entire time devoted to physical exercise or undirected play in regular school day as a form of discipline, adding new provisions re adoption of policy concerning circumstances when school employee may prevent or otherwise restrict a student from participating in the entire time devoted to physical exercise in regular school day as a form of discipline and redesignating Subdivs. (1) and (2) as Subparas. (A) and (B), effective May 24, 2022; P.A. 24-41 amended Subsec. (b) by replacing “school paraprofessional” with “paraeducator”, effective July 1, 2024.