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HB 5794

Education: attendance; requirements for recess; modify. Amends 1979 PA 94 (MCL 388.1601 - 388.1896) by adding sec. 101a.

2025-2026 Regular Session Introduced by Kelly Breen and 9 co-sponsors

HB 5794 would require K–5 students in Michigan public schools to have outdoor, unstructured daily recess with a minimum of 40 minutes on long days or at least 1/10 of the school da

bill electronically reproduced 04/15/2026
#education:attendance #education:elementary #education:schooldistricts #schoolaid:other
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Bill Summary · HB 5794

Summary of HB 5794 (Michigan, 2025-2026)

Purpose and intent

HB 5794 would amend the Michigan School Aid Act (1979 PA 94) by adding a new section (Sec. 101a) to establish state requirements for daily recess in public schools. The core goal is to ensure that school districts, intermediate school districts, and public school academies provide outdoor, unstructured or semi-structured play time for students, with specific duration standards and exceptions.

Key provisions and changes

  • Scope and applicability

    • Applies to all schools operated by a local school district, intermediate school district, or public school academy boards.
    • Recess policy must apply to all students in grades K–5 daily; districts may choose to provide recess to students above grade 5, but it is not mandatory for those grades.

  • Recess characteristics

    • Recess is to take place outdoors unless weather policies require otherwise.
    • Recess must be unstructured, child-directed play; organized games are allowed if they occur as part of recess, but use of computers, electronic tablets, telephones, or videos during recess is generally prohibited.
    • Use of devices during recess is permitted only if part of a student’s individualized education program (IEP), Section 504 plan, or related plan.

  • Exclusions

    • Time spent dressing or undressing for outdoor play is not counted as recess.
    • A separate physical education course is explicitly not considered recess.

  • Duration requirements

    • For school days of 5 clock hours or longer: recess must be not less than 40 total minutes per day. The district’s governing body determines how those minutes are divided.
    • For school days shorter than 5 clock hours: recess must be at least 1/10 of the school day in which students are in attendance.

  • Disciplinary exceptions

    • Recess cannot be withheld for disciplinary reasons, except if there is an immediate threat to a pupil or others. In such cases, the district must have made all reasonable efforts to resolve the threat first.

  • Modifications for exceptions

    • Provisions can be adjusted only as needed to comply with a student’s IEP or Section 504 plan.

  • Definitions

    • IEP: As described in Michigan administrative rule R 340.1721e.
    • Section 504 plan: Plan under Section 504 of the Rehabilitation Act of 1973.

Who is affected

  • Primary beneficiaries: K–5 students in Michigan public schools.
  • School districts, ISDs, and public school academies: Responsible for implementing and complying with the recess requirements.
  • Students with IEPs or 504 plans: Recess accommodations may be adjusted to align with individualized plans.

Procedural and timeline aspects

  • Status: Introduced and referred to the House Committee on Education and Workforce on April 15, 2026.
  • No explicit compliance deadlines or funding provisions are stated in the text provided; the bill would likely require regulatory development (e.g., policy guidance) and potential transition timelines if enacted.

Notable considerations

  • The bill emphasizes outdoor, child-directed, unstructured play and limits screen-based activity during recess, aligning with broader goals around physical activity and outdoor time.
  • The 40-minute minimum recess on longer days represents a substantial daily segment of the school day dedicated to recess, with division of how those minutes are scheduled left to local authorities.
  • Flexibility exists for students with IEPs/504 plans, ensuring individual needs can be accommodated.

If you’d like, I can provide a side-by-side comparison with current Michigan recess guidance or related education policies, or draft a plain-language one-page fact sheet for constituents.

Compiled from official sources — confirm details with the bill’s official record.

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