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S 417

Enacts the "Count Every Vote Act of New York"

2025 Regular Session Introduced by Mike Gianaris

Requires public and charter K–8 schools in MA to provide at least 30 minutes of outdoors, unstructured recess daily, protected from reduction or use for other services.

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Bill Summary · S 417

Summary — Senate Bill No. 417 (2025): "An Act relative to recess for elementary and middle school students"

Note on source materials: the supplied packet contains multiple, inconsistent headings (including unrelated federal titles). This summary is based on the bill text labeled “Senate . . . No. 417” filed 1/12/2025 by Senator Patrick M. O’Connor—titled “An Act relative to recess for elementary and middle school students” (Massachusetts Chapter 71 amendment). Verify final status on the official Massachusetts legislative website.

Purpose / Intent

To require public and charter schools in Massachusetts to provide a minimum daily period of supervised, unstructured free-play recess for students in grades kindergarten through eight, and to protect that recess time from being reduced or withheld for academic or support services.

Key provisions

  • New Section 3A inserted into Chapter 71 of the General Laws.
  • Minimum recess time: all K–8 students in public and charter schools must receive at least 30 consecutive minutes of supervised, unstructured free‑play recess per school day.
  • Outdoor preference: recess shall be held outdoors whenever weather and air quality permit. If indoors, the school must use a space that “promotes physical activity.”
  • Definition: “Free-play recess” = an unstructured environment supervised by appropriate school personnel/staff.
  • Protection from reduction or withholding:
    • Schools may not decrease recess time due to changes in standards or curriculum.
    • Recess may not be withheld to provide academic or other services under an IEP, Section 504 plan, or other student support services — including for completion of ordinary classroom work.
    • The Department (state education authority) shall not exclude recess from structured learning time requirements and shall not increase total school-year hours to meet this section.
  • Exceptions:
    • Schools may provide less than 30 minutes on days with late openings, early dismissals, or other shortened schedules.
    • The requirement does not apply on days that are field trips.

Who is affected

  • Directly: students in grades K–8 attending Massachusetts public and charter schools.
  • Indirectly: school administrators, teachers, paraprofessionals and supervisors (supervision staffing), facilities planning (indoor/outdoor space allocation), special education and student support staff (restrictions on withholding recess for services).

Implementation / procedural notes

  • Bill text filed 1/12/2025 by Senator Patrick M. O’Connor (petition lists multiple co-petitioners).
  • The text amends state statute (Chapter 71) and would take effect according to the act’s terms once enacted.
  • Because the bill mandates daily minimums and supervision standards, local districts will need to adjust schedules, supervision assignments, and useable space planning to comply.

Potential impacts and considerations

  • Student benefits: likely increases in daily physical activity, social-emotional development, and improved attention in class (consistent with research on recess).
  • Operational impacts: may require schedule reconfiguration, additional supervisory staffing, and indoor space adjustments for inclement air-quality days.
  • Equity/discipline: prohibits withholding recess as punishment or to provide compensatory academic/special‑education services — may require districts to find alternative disciplinary or remediation strategies.
  • Costs: the bill does not appropriate funds; any fiscal impact would be at local district level (staffing, facilities), generally modest but varying by district.

Recommendation / next steps

  • Confirm current legislative status and amendments on the Massachusetts Legislature website.
  • Districts should audit current recess practices (minutes provided, supervision, indoor space) and begin planning for policy and schedule changes if the bill advances.

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

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