TallyIDAHOLegislative Tracker
H08332026 Regular Session

Adds to existing law to require public schools to offer daily recess to students in kindergarten through grade 5 and to encourage public schools to offer unstructured activity breaks for students in grades 6 through 8.

EDUCATION -- Adds to existing law to require public schools to offer daily recess to students in kindergarten through grade 5 and to encourage public schools to offer unstructured activity breaks for students in grades 6 through 8.

IntroducedIn CommitteeFloor VoteEnacted
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This legislation adds a new section of code to require public schools to provide daily recess for students in kindergarten through grade five and encourage schools to provide unstructured activity breaks for students in grades six through eight. This aligns with extensive evidence that recess is not a luxury but a necessary component of healthy child development including boosting learning, behavior, health and happiness

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This legislation causes no additional expenditure of funds at the state or local level of government, nor does it cause an increase or decrease in revenue for state or local government therefore the legislation has no fiscal impact.

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LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 833
BY EDUCATION COMMITTEE
AN ACT	1
RELATING TO EDUCATION; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE	2
ADDITION OF A NEW SECTION 33-1639, IDAHO CODE, TO REQUIRE PUBLIC SCHOOLS	3
TO PROVIDE DAILY RECESS FOR STUDENTS IN KINDERGARTEN THROUGH GRADE FIVE	4
AND TO ENCOURAGE SCHOOLS TO PROVIDE UNSTRUCTURED ACTIVITY BREAKS FOR	5
STUDENTS IN GRADES SIX THROUGH EIGHT; AND DECLARING AN EMERGENCY AND	6
PROVIDING AN EFFECTIVE DATE.	7
Be It Enacted by the Legislature of the State of Idaho:	8
SECTION 1. That Chapter 16, Title 33, Idaho Code, be, and the same is	9
hereby amended by the addition thereto of a NEW SECTION, to be known and des-	10
ignated as Section 33-1639, Idaho Code, and to read as follows:	11
33-1639. DAILY RECESS AND UNSTRUCTURED ACTIVITY. (1) Each school dis-	12
trict, specially charted district, and public charter school shall provide	13
to students in kindergarten through grade 5 a period of daily recess out-	14
doors, guaranteeing every student time to move, play, and grow. At least one	15
(1) recess period shall occur daily and outdoors and shall be for not less	16
than twenty (20) minutes, weather and scheduling permitting. If weather	17
does not permit students to be outdoors, then daily recess shall be accom-	18
modated indoors, such as in a gymnasium. Daily recess provided pursuant to	19
this section shall not be withheld for any disciplinary purposes, unless the	20
cause for discipline occurred during a recess period.	21
(2) Each school district, specially charted district, and public char-	22
ter school is encouraged to provide to students in grades 6 through 8 daily	23
unstructured activity breaks.	24
SECTION 2. An emergency existing therefor, which emergency is hereby	25
declared to exist, this act shall be in full force and effect on and after	26
July 1, 2026.	27

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Introduced, read first time, referred to JRA for Printing