HB 2217 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, providing for recess and lunch periods.

PRINTER'S NO.     2911

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2217
                                               Session of
                                                 2026

     INTRODUCED BY OTTEN, HARKINS, SHUSTERMAN, SAPPEY, HANBIDGE,
        KENYATTA, McNEILL, FRANKEL, PROBST, SANCHEZ, FREEMAN, HILL-
        EVANS, HOWARD, MERSKI, GUENST, INGLIS, CEPEDA-FREYTIZ,
        CERRATO, HOHENSTEIN AND COOPER, FEBRUARY 11, 2026

     REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 12, 2026


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in terms and courses of study,
 6      providing for recess and lunch periods.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 1512.2.    Recess and Lunch Periods.--(a)   A school
13   entity shall provide each student at least thirty minutes of
14   recess during each school day in full-day kindergarten through
15   grade five, at least fifteen minutes of recess during each
16   school day in half-day kindergarten, and at least thirty
17   consecutive minutes of lunch during each school day in full-day
18   kindergarten through grade twelve, subject to the following:
19      (1)   Students shall not be permitted to replace lunch time
 1   with additional coursework or instruction unless requested by
 2   the student.
 3      (2)   Lunch time shall not be withheld, in whole or in part,
 4   as a disciplinary measure or as a make-up period for missed
 5   work, extra credit or testing.
 6      (3)   A student shall be excused from a lunch period due to
 7   the observance of the student's religious beliefs, which may
 8   include the student not being physically present in a school
 9   cafeteria during a lunch period.
10      (4)   Nothing in this subsection shall be construed to limit
11   the ability of a school entity or its employes to withhold, in
12   whole or in part, recess as a disciplinary measure for
13   violations of the school entity's code of student conduct
14   established under 22 Pa. Code § 12.3(c) (relating to school
15   rules) or other school entity policies or classroom rules.
16      (5)   A school entity may not reduce instructional time in
17   subjects that are not assessed by a State assessment as defined
18   in section 1502-I in order to provide recess, unless
19   instructional time is also equitably reduced in subjects
20   assessed by a State assessment.
21      (6)   A school entity may adjust and reduce the amount of
22   recess time required under this section if the starting time or
23   dismissal time of a school day is delayed or adjusted from
24   normal times.
25      (b)   As used in this section, the following words and phrases
26   shall have the meanings given to them in this subsection unless
27   the context clearly indicates otherwise:
28      "Kindergarten" means a one-year formal educational program
29   that occurs during the school year immediately prior to first
30   grade.

20260HB2217PN2911                  - 2 -
 1      "Recess" means a period of time during the regular school day
 2   during which a student is given a break from structured
 3   classroom instruction and an opportunity to engage in physical
 4   activity, unstructured play or social interaction with other
 5   students. The term shall not include lunch time or a period of
 6   physical education as provided under section 1512.1.
 7      "School entity" means a school district, intermediate unit,
 8   area career and technical school, charter school, regional
 9   charter school or cyber charter school.
10      Section 2.   This act shall take effect July 1, 2027.




20260HB2217PN2911                  - 3 -