Revision: Feb. 19, 2026, 8:59 a.m.
Sen. Fenton, Dist 10
February 18, 2026
2026-0846s
12/09
Floor Amendment to SB 578
Amend RSA 189:10, IV as inserted by section 2 of the bill by replacing it with the following:
IV. The school board shall ensure that recess is included in the physical education curriculum for all students in grades kindergarten through eighth grade, with the exception of schools where eighth grade is a part of the high school.
(a) For the purposes of this paragraph, recess shall be defined as physical activity that promotes fitness and well-being which shall include unstructured play outside, unless weather conditions negatively impact the safety of physical activity taking place outside.
(b) For the purposes of this paragraph, recess shall not include any time considered instructional time for a physical education class.
(c) For the purposes of this paragraph, recess shall not involve the use of electronic devices by students, including but not limited to cell phones, laptops, tablets, and video game consoles or devices.
(d)(1) A pupil may be denied recess by a member of the school’s staff if:
(A) The pupil’s participation poses an immediate threat to the safety of the pupil or to the safety of one or more of the pupil’s peers; or
(B) All other disciplinary options have been exhausted.
(2) If a pupil’s recess period is denied for safety concerns, school staff shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent possible.
2026-0846s
AMENDED ANALYSIS
This bill:
I. Extends play-based curriculum from kindergarten until third grade.
II. Requires recess for all students from kindergarten until the eighth grade as a part of physical education curriculum.
III. Defines recess as physical activity that promotes fitness and well-being and prohibits the use of electronic devices during recess.
IV. Permits the withholding of pupils from recess where a pupil's participation poses a safety risk or where all other disciplinary options have been exhausted.