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.

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 ACT1 RELATING TO EDUCATION; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE2 ADDITION OF A NEW SECTION 33-1639, IDAHO CODE, TO REQUIRE PUBLIC SCHOOLS3 TO PROVIDE DAILY RECESS FOR STUDENTS IN KINDERGARTEN THROUGH GRADE FIVE4 AND TO ENCOURAGE SCHOOLS TO PROVIDE UNSTRUCTURED ACTIVITY BREAKS FOR5 STUDENTS IN GRADES SIX THROUGH EIGHT; AND DECLARING AN EMERGENCY AND6 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 is9 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 provide13 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 one15 (1) recess period shall occur daily and outdoors and shall be for not less16 than twenty (20) minutes, weather and scheduling permitting. If weather17 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 to19 this section shall not be withheld for any disciplinary purposes, unless the20 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 daily23 unstructured activity breaks.24

SECTION 2. An emergency existing therefor, which emergency is hereby25 declared to exist, this act shall be in full force and effect on and after26 July 1, 2026.27