1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1081 By: Rosecrants |
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6| AS INTRODUCED |
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7| An Act relating to schools; creating the Right to |
| Recess Act; amending 70 O.S. 2021, Section 11-103.9, |
8| which relates to physical education programs; |
| requiring schools to provide a minimum amount of |
9| daily recess time for certain students; permitting |
| recess time to be divided; excluding recess |
10| preparation time; providing for scope of recess |
| activities; excepting certain club or group meetings; |
11| prohibiting withholding of recess for discipline or |
| punitive reasons; providing an exception for safety |
12| reasons; mandating recess to occur outside the school |
| building except in certain conditions; requiring |
13| recess for certain students to comply with certain |
| laws; providing exemption for certain students; |
14| providing for noncodification; providing an effective |
| date; and declaring an emergency. |
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17| |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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19| SECTION 1. NEW LAW A new section of law not to be |
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20|codified in the Oklahoma Statutes reads as follows: |
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21| This act shall be known and may be cited as the "Right to Recess |
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22|Act". |
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23| SECTION 2. AMENDATORY 70 O.S. 2021, Section 11-103.9, is |
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24|amended to read as follows: |
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1| Section 11-103.9 A. Except as otherwise provided for in this |
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2|section, the State Board of Education shall require, as a condition |
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3|of accreditation, that school districts provide to all students |
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4|physical education programs which may include athletics. |
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5| B. The Board shall require, as a condition of accreditation, |
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6|that public elementary schools provide instruction, for students in |
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7|full-day kindergarten and grades one through five, in physical |
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8|education or exercise programs for a minimum of an average of sixty |
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9|(60) minutes each week. The time students participate in recess |
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10|shall not be counted toward the sixty-minutes-per-week physical |
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11|education requirement. Schools may exclude from participation in |
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12|the physical education or exercise programs required in this |
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13|subsection those students who have been placed into an in-house |
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14|suspension or detention class or placement or those students who are |
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15|under an in-school restriction or are subject to an administrative |
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16|disciplinary action. |
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17| C. The Board shall require, as a condition of accreditation, |
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18|that public elementary schools provide to students in full-day |
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19|kindergarten and grades one through five, in addition to the |
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20|requirements set forth in subsection B of this section, an average |
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21|of sixty (60) minutes each week of physical activity, which may |
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22|include, but not be limited to, physical education, exercise |
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23|programs, fitness breaks, recess, and classroom activities, and |
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24|wellness and nutrition education. Each school district board of |
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1|education shall determine the specific activities and means of |
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2|compliance with the provisions of this subsection, giving |
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3|consideration to the recommendations of each school's Healthy and |
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4|Fit School Advisory Committee as submitted to the school principal |
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5|pursuant to the provisions of Section 24-100a of this title. |
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6| D. The Board shall disseminate information to each school |
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7|district on the benefits of physical education programs and shall |
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8|strongly encourage districts to provide physical education |
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9|instruction to students in grades six through twelve. |
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10| E. The Board shall also strongly encourage require school |
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11|districts to incorporate physical activity into the school day by |
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12|providing to students in full-day prekindergarten, kindergarten, and |
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13|grades one through five at least a twenty-minute forty-minute daily |
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14|recess, which may be divided into two periods of at least twenty |
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15|(20) consecutive minutes. |
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16| 1. The daily recess shall be in addition to the sixty (60) |
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17|minutes of physical education as required by subsection B of this |
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18|section, and by allowing. Time spent preparing to go to recess |
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19|shall not count toward the daily time required for recess. Recess |
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20|shall be supervised, unstructured, and child-directed to the |
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21|greatest extent practicable. Nothing in this subsection shall |
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22|prevent a school-sponsored club or group from meeting during recess |
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23|time. |
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1| 2. A public school teacher shall make a good-faith effort to |
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2|not withhold recess from a student as a disciplinary or punitive |
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3|action, except when a student's participation in recess poses an |
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4|immediate threat to the safety of the student or others. School |
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5|officials shall make all reasonable efforts to resolve such threats |
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6|and minimize the use of exclusion from recess to the greatest extent |
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7|practicable. |
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8| 3. Recess shall occur outside the school building unless |
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9|weather or other conditions require it to occur inside. Schools |
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10|shall also provide all students brief physical activity breaks |
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11|throughout the day, physical activity clubs, and special events. |
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12| 4. For students with disabilities, recess shall comply with the |
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13|individualized education programs (IEPs) or federal Section 504 |
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14|plans of the students. |
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15| 5. Virtual charter schools and students enrolled in blended |
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16|instruction programs shall be exempt from the requirements of this |
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17|subsection. |
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18| E. F. Instruction in physical education required in this |
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19|section shall be aligned with the subject matter standards as |
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20|adopted by the Board. |
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21| F. G. The physical education curriculum shall be sequential, |
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22|developmentally appropriate, and designed, implemented, and |
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23|evaluated to enable students to develop the motor and |
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24|self-management skills and knowledge necessary to participate in |
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1|physical activity throughout life. Each school district shall |
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2|establish specific objectives and goals the district intends to |
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3|accomplish through the physical education curriculum. |
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4| G. H. In identifying the essential knowledge and skills, the |
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5|State Board of Education shall ensure that the subject matter |
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6|standards for physical education: |
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7| 1. Emphasize the knowledge and skills capable of being used |
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8|during a lifetime of regular physical activity; |
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9| 2. Are consistent with national physical education standards |
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10|for: |
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11| a. the information that students should learn about |
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12| physical activity, and |
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13| b. the physical activities that students should be able |
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14| to perform; |
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15| 3. Require that, on a weekly basis, at least fifty percent |
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16|(50%) of the physical education class be used for actual student |
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17|physical activity and that the activity be, to the extent |
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18|practicable, at a moderate or vigorous level; |
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19| 4. Offer students an opportunity to choose among many types of |
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20|physical activity in which to participate; |
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21| 5. Offer students both cooperative and competitive games; |
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22| 6. Meet the needs of students of all physical ability levels, |
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23|including students who have a disability, chronic health problem, or |
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24|other special need that precludes the student from participating in |
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1|regular physical education instruction but who might be able to |
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2|participate in physical education that is suitably adapted and, if |
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3|applicable, included in the student's individualized education |
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4|program; |
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5| 7. Teach self-management and movement skills; |
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6| 8. Teach cooperation, fair play, and responsible participation |
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7|in physical activity; |
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8| 9. Promote student participation in physical activity outside |
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9|of school; and |
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10| 10. Allow physical education classes to be an enjoyable |
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11|experience for students. |
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12| H. I. The Board shall adopt rules to implement the provisions |
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13|of this section. |
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14| SECTION 3. This act shall become effective July 1, 2023. |
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15| SECTION 4. It being immediately necessary for the preservation |
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16|of the public peace, health or safety, an emergency is hereby |
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17|declared to exist, by reason whereof this act shall take effect and |
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18|be in full force from and after its passage and approval. |
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20| 59-1-5945 EK 01/12/23 |
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