Provides for daily recess for elementary students

Latest action May 14, 2026

New York State Senate

Same as A6939, the matching bill in the Assembly.

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.

Summary from NY Open Legislation. How we handle summaries

Amends the Education Law.

Not chosen yet

Where it stands

Assigned to a committee for review.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Education · New York State Assembly

Also referred to Education · New York State Senate.

Purpose, from the sponsor's memo

To provide daily recess for elementary students SUMMARY OF PROVISIONS: Section 1 adds Education Law § 813-a to recognize that recess is essen- tial to the physical well-being and mental health of elementary school students and that young students learn through play. Each school district shall ensure that every public school in which school days exceed five hours in duration provides daily recess of up to thirty minutes for all students in kindergarten through fifth grade and for sixth grade students who attend an elementary school. Recess shall be outside whenever possible and recess shall be in addition to lunch breaks and physical education. Each school district shall develop a plan for physical play, but if no such plan is possible, the school shall seek a waiver from the Department of Education. Recess shall not be routinely withheld as a disciplinary or punitive measure. Section 2 amends Education Law § 3602(1)(u) to include the cost of supervision for up to thirty minutes of elementary school recess in the definition of "instructional expense." Section 3 provides an effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Cosponsors

Alicia Hyndman, Andrew Hevesi and 26 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate

Democratic18
Republican10

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Rachel May says this is needed

Children do not simply take a break during recess - they develop crit- ical skills that directly support their success in the classroom and beyond. A growing body of research, including findings from the Centers for Disease Control and Prevention and the American Academy of Pedia- trics, shows that regular recess improves attention, memory, and on-task behavior, while reducing classroom disruptions. These are not soft bene- fits - they are directly tied to academic outcomes. Unstructured and self-directed play gives students opportunities to build social awareness, problem-solving abilities, and emotional regu- lation. During the pandemic, children suffered from not being able to socialize with other kids in spontaneous free play. During recess, chil- dren practice collaboration, conflict resolution, leadership, and resi- lience in ways that structured classroom environments cannot replicate. This bill ensures that every elementary student has access to up to thirty minutes of daily and prohibits the routine withholding of recess for disciplinary reasons, except in cases where there is an immediate safety concern. The bill also authorizes schools to include the cost of supervision for up to thirty minutes of elementary school recess within their "instructional expense" calculations.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 14, 2026
Amend and Recommit to Education
AMEND AND RECOMMIT TO EDUCATION
NY Senate
May 12, 2026
Amend and Recommit to Education
AMEND AND RECOMMIT TO EDUCATION
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO EDUCATION
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO EDUCATION
NY Senate
Mar 25, 2025
Referred to committee
REFERRED TO EDUCATION
NY Senate

Show full history (1 earlier event)

Mar 18, 2025
Referred to committee
REFERRED TO EDUCATION
NY Assembly

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 19, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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