PRINTER'S NO. 2711
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1949
Session of
2019
INTRODUCED BY OTTEN AND FIEDLER, OCTOBER 18, 2019
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 18, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
providing for free-play recess and lunch periods.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1512.2. Free-Play Recess and Lunch Periods.--(a)
Each school board shall provide at least forty minutes of
supervised, safe and unstructured free-play recess each day for
each student in elementary grades, at least twenty minutes of
supervised, safe and unstructured free-play recess each day for
each student in secondary grades and at least thirty minutes of
lunch for each student in kindergarten through grade 12, subject
to the following:
(1) Students shall not be permitted to replace free-play
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
recess or lunch time with additional coursework or instruction.
(2) Recess and lunch time shall not be withheld, in whole or
part, for punitive reasons or as a make-up period for missed
work, extra credit or testing.
(b) Nothing in this section shall be construed to prohibit
school staff from denying recess for a student on the advice of
a medical professional or school nurse or based on the
provisions of a student's individualized education program under
the Individuals with Disabilities Education Act (Public Law 91-
230, 20 U.S.C. § 1400 et seq.) or section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794).
(c) As used in this section, "free-play recess" means a
period of time during the regular school day, exclusive of time
provided for meals, during which a student is given a break from
structured classroom instruction and an opportunity to engage in
physical activity or social interaction with other pupils or, in
the case of the students in secondary grades, to engage in study
when not receiving classroom instruction or in flexible club or
activity periods.
Section 2. This act shall take effect July 1, 2020.
20190HB1949PN2711 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20