PRINTER'S NO. 1885
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1604
Session of
2023
INTRODUCED BY OTTEN, GIRAL, PROBST, MADDEN, KINSEY, HOHENSTEIN,
SANCHEZ, SCHLOSSBERG, HANBIDGE, CEPEDA-FREYTIZ, KHAN,
FIEDLER, KINKEAD, HOWARD, PIELLI AND GREEN, AUGUST 7, 2023
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 7, 2023
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 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. Recess and Lunch Periods.--(a) A school
entity shall provide each student at least thirty minutes of
recess during each school day in full-day kindergarten through
grade five, at least fifteen minutes of recess during each
school day in half-day kindergarten, and at least thirty
consecutive minutes of lunch during each school day in full-day
kindergarten through grade twelve, subject to the following:
(1) Students shall not be permitted to replace lunch time
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with additional coursework or instruction unless requested by
the student.
(2) Lunch time shall not be withheld, in whole or in part,
as a disciplinary measure or as a make-up period for missed
work, extra credit or testing.
(3) A student shall be excused from a lunch period due to
the observance of the student's religious beliefs, which may
include the student not being physically present in a school
cafeteria during a lunch period.
(4) Nothing in this subsection shall be construed to limit
the ability of a school entity or its employes to withhold, in
whole or in part, recess as a disciplinary measure for
violations of the school entity's code of student conduct
established under 22 Pa. Code ยง 12.3(c) (relating to school
rules) or other school entity policies or classroom rules.
(5) A school entity may not reduce instructional time in
subjects that are not assessed by a State assessment as defined
in section 1502-I in order to provide recess, unless
instructional time is also equitably reduced in subjects
assessed by a State assessment.
(6) A school entity may adjust and reduce the amount of
recess time required under this section if the starting time or
dismissal time of a school day is delayed or adjusted from
normal times.
(b) The following words and phrases shall have the meanings
given to them in this subsection unless the context clearly
indicates otherwise:
"Kindergarten" means a one-year formal educational program
that occurs during the school year immediately prior to first
grade.
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"Recess" means a period of time during the regular school day
during which a student is given a break from structured
classroom instruction and an opportunity to engage in physical
activity, unstructured play or social interaction with other
pupils. The term shall not include lunch time or a period of
physical education provided under section 1512.1.
"School entity" means a school district, intermediate unit,
area career and technical school, charter school, regional
charter school or cyber charter school.
Section 2. This act shall take effect July 1, 2023, or
immediately, whichever is later.
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