Mandatory Recess and Letting the Kids Burn Energy
As Illinois descends into the depths of winter, the weather turns ever-colder and messy. Despite the organizational issues, students in kindergarten through fifth grade must receive supervised, unstructured, child-directed play – also known as recess.
Effective August 13, 2021, the School Code was amended to include the mandatory recess provision. See 105 ILCS 5/27-6.3. Although not required, schools are encouraged to provide outdoor play for students. Of note, time spent dressing or undressing for outdoor recess does not count towards the daily time, and recess is not a substitute for physical education (or vice-versa). Additionally, a student cannot be disciplined by having recess removed unless that student’s participation poses an immediate threat to the safety of the student or others. ISBE strongly encourages schools to minimize exclusion from recess.
ISBE has provided guidance to support schools. At the heart of these guidelines is ISBE’s position that playtime is not just a break from academic pursuits; it is a crucial component of a child's development.
1. Playtime Inclusions:
Playtime is designed to allow unstructured, child-directed play and may also include organized games. Importantly, it excludes the use of computers, tablets, phones, or videos, fostering genuine interpersonal interactions and imaginative play.
2. Playtime Locations:
While schools are encouraged to provide playtime outdoors, it is permitted to be held indoors. If conducted indoors, schools are urged to choose spaces that promote physical activity, ensuring a holistic play experience.
3. Physical Education Distinction:
Playtime is distinct from physical education courses, with explicit guidelines that it does not fulfill the requirements of Section 27-6 of the School Code. Similarly, time spent in physical education courses does not contribute to the daily time allocated for play.
4. Playtime Counting for Attendance:
Playtime may be divided into play periods of at least 15 consecutive minutes. For school days of 5 clock hours or longer, the total time allotted for play for students in kindergarten through grade 5 must be at least 30 minutes. For shorter school days, playtime must be at least one-tenth of a day of attendance. Importantly, dressing or undressing for outdoor play and lunchtime minutes do not contribute to the daily time for play.
5. Considerations for Students with Disabilities:
Playtime for students with disabilities aligns with the student's individualized education program (IEP) or federal Section 504 plan, recognizing diverse needs.
6. Disciplinary Actions:
Public schools are explicitly prohibited from withholding playtime as a disciplinary or punitive measure unless a student's participation poses an immediate safety threat. School officials are mandated to make reasonable efforts to resolve such threats, minimizing exclusion from play and aligning actions with a student's IEP when applicable.
Illinois weather – particularly in winter – may make it difficult to provide students with the required unstructured playtime to which they are entitled, but schools should have indoor and outdoor options available from which teachers and students may choose. The impact of the law is to create an entitlement for students to recess as a part of their educational experience. While it may be tempting to disregard the guidance given the lack of ISBE audit on the subject, the risk of litigation from upset parents coupled with bad facts which may intersect with an OCR or other agency investigation warrants great care in avoiding exclusions which risk violation of the law.