The Vital Need for Unstructured Play: Proposed Legislation in Five States

Boys playing basketball on recess

In a move reflecting a growing recognition of the importance of unstructured play for children’s health and development, five states (Michigan, New York, Oklahoma, Pennsylvania, and South Carolina) are proposing legislation to guarantee recess time in schools and/or to stipulate when recess can be denied for behavior. This initiative comes as a response to a concerning trend where children’s playtime is increasingly limited, and in some cases, withheld as a form of punishment. Thirteen other states have passed similar legislation (CA, LA, WA, GA, IL, AR, NJ, AZ, FL, RI, CT, MO, VA)

The proposed bills aim to ensure children, particularly those in kindergarten through fifth grade, have dedicated time for unstructured physical activity during the school day. This acknowledgment of the necessity of play is long overdue, considering the numerous benefits it offers for children’s physical, mental, and emotional well-being. The Boys Initiative emphasizes the need for recess to be a positive and inclusive part of the school day and by promoting unstructured playtime and discouraging punitive measures, schools can create healthier and more supportive environments for all students.

The Boys Initiative (TBI) supports recess legislation for children and has reached out to the bill sponsors and voting committee members in each state to applaud their efforts. Additionally, in certain instances, we’ve provided additional suggestions concerning the duration and availability of recess for students.

Michigan HB-5081 guarantees K-5 students are entitled to 30 minutes daily of unstructured, child-directed play, which may involve organized games but excludes the use of computers, electronic tablets, telephones, or videos. TBI concurs with the stipulation this recess cannot be denied to any student for disciplinary purposes, only in cases where the student poses an immediate threat to others.

New York’s bill, H8007, proposes 30 minutes of supervised, unstructured outdoor play for students in grades K-5. The Boys Initiative recommended a change to the bill which would prohibit teachers and administrators from withholding recess as a disciplinary measure, unless the student’s participation poses an immediate threat to others. This is a crucial aspect to safeguard children’s right to play.

Oklahoma House Bill 1081 surpasses expectations by mandating 40 minutes of outdoor recess each day, weather permitting, for pre-K through 5th grade students. Additionally, it mandates 60 minutes of physical education class weekly. The bill emphasizes public-school teachers should strive not to withhold recess as a disciplinary measure unless a student’s participation poses an immediate threat to safety. Furthermore, the bill suggests incorporating brief physical activity breaks throughout the day, a proposal fully endorsed by TBI.

Pennsylvania’s Bill H1604 guarantees a minimum of 30 minutes of daily recess for kindergarten to fifth-grade students. However, there’s a contentious provision allowing schools to withhold recess as a disciplinary measure—a clause The Boys Initiative opposes, emphasizing play should never be denied as punishment, unless the child poses a threat to others. TBI reached out to the bill sponsors and committee members, urging them to consider removing this provision based on our recommendation.

South Carolina has introduced several bills (H4655, H3292, H3731, and S0516) addressing different aspects of children’s physical activity, including both structured physical education classes and unstructured recess time. Currently, only H4655 has undergone committee review, with the committee deciding to postpone further discussion on the bill. However, a new hearing is scheduled to revisit the matter.

Among the four South Carolina bills, H3731 stands out to The Boys Initiative as particularly commendable. It proposes children from pre-K to fifth grade should receive a daily allocation of 45 to 60 minutes for unstructured, self-directed outdoor play. Additionally, students in sixth through eighth grade would be provided 30 to 45 minutes for similar unstructured activities. The Boys Initiative advocates for the integration of these provisions into the final bill, stressing the importance of prioritizing children’s physical activity and play.
The Boys Initiative strongly recommended to South Carolina legislators to include a provision recess time would not be used as a punitive measure, unless the student poses a threat to others.
The fact we have reached a time in our nation where legislation is necessary to ensure children have even a minimal amount of time for unstructured play is concerning. Research consistently shows children need ample opportunities for physical activity to support their overall health and cognitive development. Moreover, denying children this essential playtime can have detrimental effects on their academic performance and mental well-being.

Boys, in particular, are wired for movement and exploration. Testosterone and serotonin levels in boys’ brains drive their need for continuous activity and competition. However, traditional classroom settings often constrain their natural tendencies, leading to behavioral challenges and academic underperformance compared to girls. Allowing boys—and all children—regular opportunities for unstructured play can mitigate these challenges and support their academic success.

As a society, we must recognize the critical role of play in children’s lives and prioritize it accordingly. Legislation like those in these five states is a step in the right direction, but more comprehensive efforts are needed to ensure all children have access to quality playtime without fear of punishment or deprivation.

Unstructured play is not a luxury but a fundamental right for children. By enacting legislation to protect and promote recess time, states are taking a crucial step towards prioritizing children’s health, well-being, and academic success. It’s time for policymakers, educators, and parents to come together to ensure every child has the opportunity to play, explore, and thrive.