Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/14/23 S3/29/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 172
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5 By: Senator J. Dotson
6 By: Representative Evans
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE DEFINITION OF A NONINSTRUCTIONAL
10 DUTY TO INCLUDE THE SUPERVISION OF STUDENTS DURING
11 RECESS; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AMEND THE DEFINITION OF A
16 NONINSTRUCTIONAL DUTY TO INCLUDE THE
17 SUPERVISION OF STUDENTS DURING RECESS.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code § 6-16-102(a)(5), concerning the number of
23 minutes of instructional time per school day, is repealed.
24 (5)(A) At least forty (40) minutes of instructional time per
25 school day shall be used for recess during the school day for students
26 attending public elementary schools.
27 (B) Recess shall:
28 (i) Consist of supervised, unstructured social time
29 during which public school students may communicate with each other;
30 (ii) Occur outdoors when weather and other relevant
31 conditions permit; and
32 (iii) Include without limitation opportunities for
33 free play and vigorous physical activity, regardless of whether recess occurs
34 indoors or outdoors.
35 (C) The remaining instructional hours required under this
36 section shall be distributed across academic content areas as determined by a
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1 public school district's board of directors.
2 (D) A public school principal may use discretion to adjust
3 recess time required under this section due to special circumstances or
4 programs that interrupt a regular school day.
5 (E)(i) A public elementary school may seek a waiver from
6 the requirements under this subdivision (a)(5) if the public elementary
7 school:
8 (a) Submits to the Division of Elementary and
9 Secondary Education for approval an alternative plan for recess that:
10 (1) Exceeds the required minimum amount
11 of minutes combined for physical activity under § 6-16-132 and recess under
12 this section; and
13 (2) Provides for both structured and
14 unstructured social time; or
15 (b) Is approved by the division to operate as
16 a virtual school.
17 (ii) Beginning with the 2019-2020 school year, the
18 division shall provide to the House Committee on Education and the Senate
19 Committee on Education each year for three (3) years a report that details
20 the following:
21 (a) Which public elementary schools have been
22 granted a waiver under subdivision (a)(5)(E)(i) of this section; and
23 (b) How many waivers have been granted by the
24 division under subdivision (a)(5)(E)(i) of this section.
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26 SECTION 2. Arkansas Code § 6-16-102(b), concerning the State Board of
27 Education rules promulgated regarding credit given to students for attending
28 a portion of a school day, is repealed.
29 (b) Notwithstanding subsection (a) of this section, the State Board of
30 Education shall promulgate rules to prescribe the credit to be given students
31 for attending school for only a portion of a school day because the school is
32 closed due to emergency circumstances which would be hazardous to the health
33 of the students. The state board shall also identify the emergency
34 circumstances.
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36 SECTION 3. Arkansas Code § 6-16-132(b)(1)(A), concerning physical
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1 education curriculum and physical activity requirements for public school
2 students, is amended to read as follows:
3 (b)(1)(A) The physical education curriculum and physical activity
4 requirements for every public school student who is able to participate are:
5 (i) Except as provided in subdivision (b)(1)(A)(ii)
6 of this section, for students in kindergarten through grade six (K-6):
7 (a) At least forty (40) minutes, as determined
8 by the superintendent of the school district, of physical education training
9 and instruction each calendar week of the school year; and
10 (b) Ninety (90) One-hundred forty (140)
11 minutes of physical activity each calendar week of the school year, which may
12 count toward the hours of instructional time required for a school day under
13 § 6-16-102, and which may include without limitation daily:
14 (1) Daily recess, physical;
15 (2) Physical education instruction in
16 addition to, including the requirement of subdivision (b)(1)(A)(i)(a) of this
17 section, or intramural; and
18 (3) Intramural sports; and
19 (c)(1) Twenty (20) minutes of recess each
20 school day.
21 (2) Recess required under subdivision
22 (b)(1)(A)(i)(c)(1) of this section shall:
23 (A) Consist of supervised,
24 unstructured social time during which public school students may communicate
25 with each other;
26 (B) Occur outdoors when weather
27 and other relevant conditions permit; and
28 (C) Include without limitation
29 opportunities for free play and vigorous physical activity, regardless of
30 whether recess occurs indoors or outdoors;
31 (ii) For students in grades five through eight (5-8)
32 who attend a public school organized to teach grades five through eight (5-
33 8), or any combination thereof, at least forty (40) minutes, as determined by
34 the superintendent of the school district, of physical education training and
35 instruction each calendar week of the school year or an equivalent amount of
36 time in each school year with no additional requirement for physical
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1 activity; and
2 (iii) For students in grades nine through twelve (9-
3 12), one-half (½) unit of physical education as required for high school
4 graduation with no additional requirement for physical activity.
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6 /s/J. Dotson
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Statutes affected: Old version SB172 V2 - 3-14-2023 09:27 AM: 6-16-102(a), 6-16-102(b), 6-16-132(b), 03-14-2023
Old version SB172 V3 - 3-29-2023 05:05 PM: 6-16-102(a), 6-16-102(b), 6-16-132(b), 03-29-2023