Recess Guaranteed Beginning with 2027-2028 School Year for Elementary Schoolers

The recent amendments to Pennsylvania’s Public School Code will mandate recess for all students in kindergarten through 5^th grade beginning with the 2027-2028 school year. The new recess mandate has special importance for students with IEPs or 504 Plans addressing attention and/or behavioral needs.

Pennsylvania Governor Josh Shapiro confirmed, “Recess is not a bonus — it’s a must-have, foundational part of a child’s growth. Our new budget guarantees 30 minutes of recess for K-5 students — teaching them critical skills outside of the classroom like collaboration and conflict resolution that are just as important as their coursework. We’re making sure our students have this time every day so they can return to the classroom refreshed and ready to learn.”

As an education lawyer, I have frequently seen students held in from recess as a consequence for misbehaving or falling behind on assignments. “Recess detentions” are often assigned without an educational planning discussion, which forces parents to request a more appropriate consequence for their child after finding out about a missed recess.

Recess offers academic, social-emotional, and physical benefits for students. Holding a student in from recess starts a negative feedback loop. The student may struggle to maintain emotional regulation due to a disability, may engage in behavior, and then, as a consequence, be deprived of a basic need that all children – and really all humans – have, to break for a bit and get refreshed for the next task.

Students with IEPs and 504 Plans for attention and behavioral needs have an even greater need for recess in order to fully participate in their school day.

Please note that the new law still allows schools to withhold recess in whole or in part as a consequence if listed in their Code of Student Conduct. However, all consequences outlined in school policies must be assigned on a nondiscriminatory basis, and students with IEPs and 504 Plans remain entitled to a free appropriate public education (FAPE). Schools that plan to discipline students with IEPs or 504 Plans by withholding recess will need to ensure that the action does not deprive the student of any aspect of their education. For example, a student may be receiving services during recess from a speech therapist or counselor who is facilitating peer interactions. If the student’s recess period is withheld and the service is not made up another day, the school would be in violation of the student’s IEP.

Families will need to stay vigilant with educational planning during this coming school year (2026-2027) before the mandate goes into effect. If you have questions or concerns about disciplinary consequences your child is receiving in school that may conflict with their IEP or 504 Plan, please reach out to Rankin Legal at 412-212-8356 or aimee@rankinlegalpa.com.