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H 3195

Unstructured and self-directed recess in public schools

2025-2026 Regular Session Introduced by Carl Anderson and 16 co-sponsors

Requires K-8 public schools to provide minimum PE time and at least 20 minutes of unstructured outdoor recess daily, with supervision, reporting, and a 2026 rollout.

Act No. 202
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Bill Summary · H 3195

Summary — H 3195: Physical education and unstructured recess (K–8)

Note: The bill text provided contains an unrelated Massachusetts sales-tax line (a scrivener’s error corrected). The substantive bill below is a South Carolina proposal (introduced as H.3195) that amends K–8 physical education and recess requirements.

Purpose

To establish mandatory minimum amounts of physical education and unstructured outdoor recess for public school students in four‑year‑old kindergarten through eighth grade, clarify supervision/reporting requirements, protect arts instruction time, and set implementation deadlines.

Key provisions

  • Coverage: All public school students in four‑year‑old kindergarten through grade 8.
  • Minimum physical education/time:
    • Four‑year‑old kindergarten through 5th grade: minimum 150 minutes per week of physical education and physical activity (text also specifies 90 minutes per week of formal physical education as part of phased requirements).
    • Grades 6–8: minimum of 60 hours of physical education per school year.
  • Unstructured outdoor recess:
    • Every K–8 student must be provided at least 20 minutes per day of unstructured outdoor recess.
    • Short‑term interruptions of recess permitted for up to three consecutive school days due to facility or staffing availability.
    • During inclement weather, recess shall be held indoors in a manner conducive to physical activity.
    • Recess may not be used to satisfy curriculum/PE requirements and cannot be withheld as punishment for an individual or group.
  • Supervision and staffing:
    • Physical activity must be planned/coordinated by a certified/licensed Physical Education Activity Director (per Section 59‑10‑30).
    • Noncertified staff or adult volunteers may assist/supervise if approved by the district superintendent; volunteers require appropriate liability insurance.
    • Student-to-physical‑education‑teacher ratio may not exceed the “average student to teacher ratio” as defined in applicable program/regulations (fiscal notes reference current benchmarks: ~28:1 for K–5 and up to 40:1 for 6–8).
  • Reporting:
    • Each district must annually report to the State Department of Education by June 15 the daily minutes of physical education and additional physical activity (listed by elementary school and by class/grade).
    • The State Department must summarize and report to the General Assembly by December 1 each year of implementation.
  • Protection of arts instruction: Requirements shall not replace or reduce instruction time for arts taught by certified arts specialists.
  • Exemption: A 7th/8th grader taking high‑school credit‑bearing coursework off campus may be exempt from PE requirements if the school made a reasonable effort to accommodate PE participation.
  • Administrative changes: Redesignates Article 1, Chapter 10, Title 59 as “Physical Education and Activity.”
  • Implementation date: Provisions must be fully implemented by July 1, 2026.

Who is affected

  • Directly: students in four‑year‑old kindergarten through grade 8 in public schools across the state.
  • School districts/local education agencies: must schedule additional PE/recess time, track and report minutes, potentially hire/training staff, and ensure supervision and liability coverage for volunteers.
  • State Department of Education: administrative reporting and oversight responsibilities.

Fiscal and operational impact

  • State Department of Education: reported no additional appropriation required to administer the law.
  • Local districts: impact varies. Survey data cited in the fiscal analysis show some districts expect no cost, while others estimated costs ranging from ~$75,000 to $1.575 million beginning FY 2026‑27 (primarily for hiring staff, training, and possible playground upgrades/maintenance). Some districts noted potential increased insurance or liability exposure tied to increased unstructured recess.
  • Implementation may require scheduling adjustments to preserve arts and other curriculum time.

Procedural status and timeline (selected)

  • Prefiled: 12/05/2024
  • Introduced/read 1st time: 01/14/2025
  • Amended and read 2nd time; roll call passage in the House: 02/13/2025 (Yeas 101, Nays 3)
  • Committee report (Education and Public Works): Favorable with amendment (02/06/2025)
  • Scrivener’s error corrected: 02/11 & 02/18/2025
  • Senate concurred: 02/27/2025
  • Hearing scheduled: 09/29/2025 (1:00 PM–5:00 PM, A‑1)
  • Full implementation required by July 1, 2026.

Sponsors

Introduced by Representatives Haddon, Pope, Pedalino, Chumley, Taylor, Erickson, Bradley, Hixon, Ligon, Weeks, Oremus, Hartz, Williams, Luck, Gilliard, Rivers, and Anderson (various members added as sponsors during Feb. 2025).

Notes

  • The bill text contains overlapping/legacy language (references to 2006–07 and phased‑in provisions) and some ambiguous phrasing about the split between “physical education” and “physical activity.” Final regulatory guidance would be needed to interpret scheduling, staffing ratios, and how recess and PE minutes are apportioned within the school day while preserving other curriculum time.

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

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