New York S 6858: Provides for daily recess for elementary students

Bill Text

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S06858 Summary:

BILL NOS06858A

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SAME ASSAME AS A06939-A

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SPONSORMAY

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COSPNSRRAMOS, SALAZAR, SCARCELLA-SPANTON, SUTTON, ZELLNER

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MLTSPNSR

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Add §813-a, amd §3602, Ed L

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Requires each school district to ensure that every public school in which school days exceed five hours in duration provides up to thirty minutes of daily recess within the school day for all students in kindergarten through fifth grade and for students in sixth grade who attend an elementary school.

Go to top S06858 Actions:

BILL NOS06858A

&nbsp

03/25/2025REFERRED TO EDUCATION

01/07/2026REFERRED TO EDUCATION

05/14/2026AMEND AND RECOMMIT TO EDUCATION

05/14/2026PRINT NUMBER 6858A

Go to topS06858 Committee&nbspVotes:

Go to topS06858 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06858 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6858--A

 2025-2026 Regular Sessions

 IN SENATE

 March 25, 2025
 ___________

 Introduced by Sens. MAY, RAMOS, SALAZAR, SCARCELLA-SPANTON, SUTTON --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Education -- recommitted to the Committee on Educa-
 tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
 bill amended, ordered reprinted as amended and recommitted to said
 committee

 AN ACT to amend the education law, in relation to providing for daily
 recess for elementary students

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The education law is amended by adding a new section 813-a
 2 to read as follows:
 3 § 813-a. Daily recess for elementary students. 1. (a) The legislature
 4 recognizes that recess is essential to the physical well-being and
 5 mental health of elementary school students. Young students learn
 6 through play. Given the nation's youth mental and physical health
 7 crisis, rising obesity levels among children, and decline in skill-
 8 building and peer group formation during the COVID-19 pandemic, it is
 9 vital to support student socialization, creativity, and stress release
 10 through self-directed free play. Recess is a critical part of the school
 11 experience and contributes to academic success and social cohesion.
 12 (b) The legislature also recognizes that the amount of time spent on
 13 recess varies throughout the state and that children in different school
 14 districts may not have equal access to outdoor, self-directed play time.
 15 The requirements set forth in this section are minimum requirements and
 16 school districts are encouraged to exceed such requirements.
 17 2. (a) Each school district shall ensure that every public school in
 18 which school days exceed five hours in duration provides a daily recess
 19 of up to thirty minutes within the school day for all students in
 20 kindergarten through fifth grade and for students in sixth grade who
 21 attend an elementary school.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10288-07-6

 S. 6858--A 2

 1 (b) Recess shall be supervised but shall be student-directed and not
 2 involve phones, videos, computers or tablets. The school shall provide
 3 items such as balls, jump ropes and other materials and implements for
 4 students to use in physical play.
 5 (c) Recess shall be held outside whenever possible, including in the
 6 winter months, but, if held indoors shall be in an appropriate space
 7 that promotes physical activity.
 8 (d) Recess shall be in addition to lunch breaks and physical education
 9 activities.
 10 (e) Each school district shall develop a plan for physical play for
 11 any elementary school that does not have an outdoor playground or
 12 adequate indoor space to accommodate recess for all its students on
 13 school grounds. If no such play plan is possible, then the school
 14 district shall seek a waiver from the department.
 15 3. (a) Recess shall not be routinely withheld as a disciplinary or
 16 punitive measure except when a student's participation in recess poses
 17 an immediate threat to the safety of any person. School districts may
 18 develop guidelines for the withholding of recess under other unusual