20-2-323. Recess for students in kindergarten through grade five; unstructured break time for students in kindergarten through grade eight.

Beginning in the 2022-2023 school year, each elementary school shall schedule recess for all students in kindergarten and grades one through five every school day; provided, however, that recess shall not be required on any school day on which a student has had physical education or structured activity time or if reasonable circumstances impede such recess, such as inclement weather when no indoor space is available, assemblies or field trips exceeding their scheduled duration, conflicts occurring at the scheduled recess time over which the classroom teacher has no control, or emergencies, disasters, or acts of God.#

Each local board of education shall establish written policies allowing unstructured break time for students in kindergarten and grades one through eight. The policies shall include, but shall not be limited to, the following matters:#

1. (1)

   The school personnel who will be authorized to decide the length, frequency, timing, and location of breaks;#

2. (2)

   Whether breaks can be withheld from students for disciplinary or academic reasons and, if breaks can be withheld, under what conditions;#

3. (3)

   How to ensure break time is a safe experience for students, including the responsibility for supervision of students; and#

4. (4)

   How to ensure that break time is scheduled so as to provide a support for academic learning.#

   1. Local boards shall provide a copy of such policies to the State Board of Education.