New York A 6939: Provides for daily recess for elementary students

Bill Text

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A06939 Summary:

BILL NOA06939A

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SAME ASSAME AS S06858-A

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SPONSORWoerner

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COSPNSRMcDonald, Buttenschon, Kay, Yeger, McMahon, Slater, Simpson, Steck, Cook, McDonough, DeStefano,
 Brown K, Bendett, Shimsky, Brown E, Hawley, Hyndman, Hevesi, Simon, Hooks, Gandolfo, Smith

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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 A06939 Actions:

BILL NOA06939A

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03/18/2025referred to education

01/07/2026referred to education

05/12/2026amend and recommit to education

05/12/2026print number 6939a

Go to topA06939 Committee&nbspVotes:

Go to topA06939 Floor&nbspVotes:

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

Go to topA06939 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6939--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 18, 2025
 ___________

 Introduced by M. of A. WOERNER, McDONALD, BUTTENSCHON, KAY, YEGER, McMA-
 HON, SLATER, SIMPSON, STECK, COOK, McDONOUGH, DeSTEFANO, K. BROWN,
 BENDETT, SHIMSKY, E. BROWN, HAWLEY, HYNDMAN, HEVESI, SIMON, HOOKS,
 GANDOLFO, SMITH -- read once and referred to the Committee on Educa-
 tion -- recommitted to the Committee on Education in accordance with
 Assembly Rule 3, sec. 2 -- 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10288-06-6

 A. 6939--A 2

 1 kindergarten through fifth grade and for students in sixth grade who
 2 attend an elementary school.
 3 (b) Recess shall be supervised but shall be student-directed and not
 4 involve phones, videos, computers or tablets. The school shall provide
 5 items such as balls, jump ropes and other materials and implements for
 6 students to use in physical play.
 7 (c) Recess shall be held outside whenever possible, including in the
 8 winter months, but, if held indoors shall be in an appropriate space
 9 that promotes physical activity.
 10 (d) Recess shall be in addition to lunch breaks and physical education
 11 activities.
 12 (e) Each school district shall develop a plan for physical play for
 13 any elementary school that does not have an outdoor playground or
 14 adequate indoor space to accommodate recess for all its students on
 15 school grounds. If no such play plan is possible, then the school
 16 district shall seek a waiver from the department.
 17 3. (a) Recess shall not be rou