Last Updated on February 12, 2026 by Michelle Ball

In 2024, the legislature finally issued a clear rule on school recesses and the fact that kids get them (at least at the elementary level).

This is a relief, but many schools may still be denying young students their full breaks, illegally. Parents need to step up and say something if school recess is being limited or denied.

Elementary Kids Get Recess!

Under California Education Code section 49056, kids from kindergarten through sixth grades are guaranteed at least 30 minutes a day of recess, not including the time they eat lunch.

This recess time can be before or after lunch or at another time in the school day. This mandatory break can include recesses with snacks (e.g. snack break).

On shortened days, students are guaranteed at least 15 minutes of recess that day.

Recess Time Cannot Be Denied Unless Physical Safety Threat

Students also cannot be denied this minimum recess time unless their participation would cause an “immediate threat” to the “physical safety” of themselves or others, per section 49056.

So, a fifth grader being held in during recess time because the student did not do their homework is no longer allowed!

Recess Should Be Held Outside

Recesses also should be held outdoors when air quality and weather allow it. However, if there is not enough outdoor space, recess can be held indoors. [The law does not define what is meant by this last part!]

What Is Recess?

So, just what is this recess that can’t be refused to elementary students? School recess is defined in section 49056 (a)(3)as:

“Recess” means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or meal times, when pupils are given supervised and unstructured time for any of the following:

(A) Physical activity.

(B) Play.

(C) Organized games.

(D) Social engagement with peers.

Parents Need to Speak Up If Student Is Being Denied Recess!

If a student is being denied recesses, their parent needs to speak up and bring it to the school administration with Education Code 49056 in hand.

If that does not work, parents should appeal to the school district and may even want to look at pursuing the Uniform Complaint Process (aka UCP).

However, with Education Code 49056 nearby, parents should get their child’s school recesses restored, even if the old teacher still punishing kids by withholding recess does not like it! The law has changed, thank goodness, as kids need this respite from school demands.

Michelle Ball has been helping students as an attorney for over 30 years. As a California lawyer helping parents and students of all ages, she can assist in Lincoln, El Dorado Hills, Fresno, San Diego, Willows or anywhere in the state.