HB 2763

                             HOUSE BILL No. 2763
AN ACT concerning education; relating to elementary and secondary schools; requiring
   school districts to provide a certain amount of daily recess time for students;
   prohibiting limiting or withholding recess for disciplinary reasons; requiring the
   establishment and administration of a Kansas state fitness test; designating up to one
   hour of recess time as part of the school term; amending K.S.A. 72-3115 and
   repealing the existing section.
 Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) Beginning in school year 2027-2028, for each
school day that exceeds five hours in duration, each school district shall
provide a minimum of 30 minutes of daily organized recess within the
school day for all students in elementary grades as designated by the
school district, except that elementary grades shall not include any
grade higher than grade five. Any such recess may be supervised by
licensed or unlicensed school personnel.
    (b) Recess shall not be limited or withheld for disciplinary reasons
unless such student is an immediate threat to self or others.
    (c) As used in this section,"recess" means the regularly scheduled
time during the school day when students may engage in supervised
unstructured play, physical activity or social interaction with other
students. "Recess" does not include time in physical education class.
    New Sec. 2. (a) The state board of education shall establish a
Kansas state physical fitness test that is aligned with the presidential
physical fitness test to assess the overall fitness of students in grades
one through 12 after the standards for the presidential physical fitness
test are published. The state board shall update the test as often as
required to maintain alignment with the presidential physical fitness
test. The state board shall provide an award for students who meet or
exceed the state's 50th percentile and an award for students who meet or
exceed the state's 85th percentile on one or more test events.
    (b) Beginning in school year 2026-2027, each school district shall
annually administer the Kansas state physical fitness test to each
student enrolled in grades one through 12. This requirement shall not
apply to any student who is a child with a disability, as defined in
K.S.A. 72-3404, and amendments thereto, or has a medical exemption
as determined by a licensed physician.
    Sec. 3. On and after July 1, 2027, K.S.A. 72-3115 is hereby
amended to read as follows: 72-3115. (a) Subject to the other
provisions of this section, a school term during which public school
shall be maintained in each school year by each school district
organized under the laws of this state shall consist of not less than 186
school days for pupils students attending kindergarten or any of the
grades one through 11 and not less than 181 school days for pupils
students attending grade 12.
    (b) Subject to a policy developed and adopted by the board of any
school district, the board may provide for a school term consisting of
school hours. A school term provided for in a policy adopted under this
subsection shall consist of: (1) For pupils students attending
kindergarten, not less than 465 school hours in each school year; and
(2) for pupils students attending any of the grades one through 11, not
less than 1,116 school hours in each school year; and (3) for pupils
students attending grade 12, not less than 1,086 school hours in each
school year. Each board of education which that develops and adopts a
policy providing for a school term in accordance with this subsection
shall notify the state board of education thereof on or before September
15 in each school year for which the policy is to be in effect.
    (c) Subject to a plan developed and adopted by the board of any
school district, the board may schedule the school days required for a
school term provided for under subsection (a), or the school hours
required for a school term provided for in a policy adopted under
subsection (b), on a trimestral or quarterly basis. Each board of
education which that develops and adopts a plan providing for the
scheduling of the school days or school hours of the school term on a
trimestral or quarterly basis shall submit the plan to the state board of
education for approval prior to implementation. The plan shall be
                    HOUSE BILL No. 2763—page 2
prepared in such form and manner as the state board shall require
requires and shall be submitted at a time or times to be determined and
specified by the state board.
    (d) Subject to a policy developed and adopted by the board of any
district as an adjunct to the district's disciplinary policy or as a part of
the district's school improvement plan, the board may schedule school
days in addition to the school days scheduled for a school term
provided for under subsection (a), or school hours in addition to the
school hours scheduled for a school term provided for in a policy
adopted under subsection (b), or both such additional school days and
school hours for pupils students who are in need of remedial education
or who are subject to disciplinary measures imposed under the district's
disciplinary policy. Any school day or school hour scheduled for a
pupil student under a policy adopted under this subsection may be
scheduled on weekends, before or after regular school hours, and
during the summer months. Inexcusable absence from school on any
school day or during any school hour by any pupil student for whom
additional school days or school hours have been scheduled under a
policy adopted under this subsection shall be counted as an inexcusable
absence from school for the purposes of K.S.A. 72-3121, and
amendments thereto.
    (e) If the board of any school district, or its designee, shall
determine that inclement weather will cause hazardous driving
conditions, the board, or its designee, may close any or all of the
schools within the district. The amount of time pupils students have
been in attendance when such determination is made shall be
considered a school day of a school term or shall be considered the
number of school hours for pupils students to be in attendance at school
in a day, whichever is applicable. Consonant with the other provisions
of this section, a board may schedule any number of days or hours in
excess of the regularly scheduled school days or school hours which
that the board determines will be necessary to compensate for those
school days or school hours that schools of the district will remain
closed during the school term due to hazardous driving conditions. If
the number of days or hours schools remain closed due to hazardous
driving conditions exceeds the number of days or hours scheduled by
the board to compensate for such school days or school hours, the
excess number of days or hours, not to exceed whichever is the lesser
of: (1) The number of compensatory days or hours scheduled by the
board; or (2) five days or the number of school hours regularly
scheduled in five days, that schools remain closed due to such
conditions shall be considered school days or school hours.
    (f) The state board of education may waive the requirements of
law relating to the duration of the school term upon application for such
a waiver by a school district pursuant to subsection (e). Such waiver
may be granted by the state board of education upon: (1) Certification
by a board that, due to the persistence of inclement weather, hazardous
driving conditions have existed in the school district for an inordinate
period of time; and (2) a determination by the state board that the
school district cannot reasonably adjust its schedule to comply with
statutory requirements. Such waiver shall not exempt a school district
from providing a school offering for each pupil which student that is
substantially equivalent to that required by law.
    (g) Time reserved for parent-teacher conferences for discussions
on the progress of pupils students may be considered part of the school
term.
    (h) Time reserved for staff development or inservice training
programs for the purpose of improving staff skills, developing
competency in new or highly specialized fields, improving instructional
techniques, or curriculum planning and study may be considered part of
the school term for an aggregate amount of time equal to the amount of
time in excess of the school term which is scheduled by a board of
education for similar activities.
    (i) The time provided for organized recess not to exceed one hour
                    HOUSE BILL No. 2763—page 3
per school day shall be considered part of the school term.
   (j) Boards of education may employ noncertificated personnel to
supervise pupils students for noninstructional activities.
   Sec. 4. On and after July 1, 2027, K.S.A. 72-3115 is hereby
repealed.
   Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
                                                 Speaker of the House.
                                                Chief Clerk of the House.
Passed the SENATE
      as amended
SENATE adopted
Conference Committee Report
                                                 President of the Senate.
                                                 Secretary of the Senate.
APPROVED
                                                               Governor.