Mandatory Recess Bill Introduced by Rep. Gregg Amore & Others

Legislation in the Rhode Island House of Representatives would require public schools to provide students in grades kindergarten through 5 with at least twenty (20) minutes of free-play recess each school day. The bill, 2016 -- H 7644, was introduced by State Representatives Kathleen Fogarty, Lauren Carson, Gregg Amore, Patricia Serpa, and Blake Filippi. Other bill language states that, "... all children in grades kindergarten through five (5) attending public schools, or any other schools managed and controlled by the state, shall receive in those schools one hundred (100) minutes of supervised, safe, and unstructured free - play recess each week so that there are at least twenty (20) consecutive minutes of free - play recess per day. Free play recess may not be withheld for academic or punitive reasons, and is in addition to the requirements set forth in §16-22-4. As used herein, the term "free play" means an unstructured environment, but which is supervised by appropriate school personnel or staff."

A group of parents across the state has been rallying to support this bill. The parents are concerned that recent Department of Education language may cause a decrease in free recess time for children. The group has issued a statement that says in part, "... as more and more pressure is put on elementary school learners to achieve academically, many families have reported a reduction in recess and lunch times, or note that these times are shortened so that rather than having 30 minutes to play, kids have 20, with five minutes to transition from classroom to the playground and back."

The American Academy of Pediatrics issued this statement regarding the need for elementary school students to have free play time for health and well being: "The AAP believes that recess is a crucial and necessary component of a child's development."

Free play recess may not be withheld for academic or punitive reasons, and is in addition to the requirements set forth in §16-22-4. As used herein, the term "free play" means an unstructured environment, but which is supervised by appropriate school personnel or staff."

Recess became a very controversial topic in East Providence under former Superintendent Mario Cirillo and the Anthony Carcieri-led school committee. In 2010, the school committee voted to do away with traditional recess as it was known. The decision to end recess was seen by many teachers and parents as another way to be difficult with teacher contracts. However once a new school committee was elected, ousting all of the former committee, the policy was reversed - sort of. Although all new members remained in agreement to overturn the prior committee’s vote to end traditional recess, the discussion remained controversial. In years past, children had an unstructured recess supervised by aides while teachers worked with at-risk students or otherwise worked on classroom preparation. Then School Committee member Chrissy Rossi asked schools superintendent Mario Cirillo if the reversal was in place yet and if everything was “the same as it was before this new policy began”. Cirillo said no, that teachers would now be required to fill out a ‘coded’ form to indicate what they are now doing every day with the “15 minutes that they no longer supervise recess”.

Cirillo and then Chief Operating Officer, Lonnie Barham were emphatic with school committee members that this new twist would be a requirement. When pressed further on the issue, Cirillo said that this new request came from school building principals. This response brought an audible collective gasp from those in attendance at the meeting. Most people in the room were classroom teachers and many immediately rose and asked for permission to speak. Under meeting rules of former Chair Carcieri, people could not speak at that point in the meeting, but new Chair, Charles Tsonos, allowed discussion.

Veteran teacher Mary Texieira was first to speak and indicated that she was “insulted” by this new twist in the continuing recess controversy. Texeira said that she will submit a daily 15 minute log if required and will make sure that her principal will get a documented record of everything she does beyond her regular work day. “Personally, it’s an insult to ask for that,” Teixeira said of the proposal. There is a lot that teachers do outside of the school day that we aren’t paid for, as we work for our children”, Texeira continued. “I think most principals know what their teachers are doing in their schools. I would say Principals are satisfied with us giving them updates and I now feel like my professionalism is often in question.”

Cirillo's comment hit a raw nerve with teachers in the council chambers as others objected to what they interpreted as a lack of professional respect. Valerie Lawson, East Providence Education Association President at the time, said she was informed of the proposal during a meeting with COO Lonnie Barham. Lawson said she informed Barham that this new procedure would have a negative reaction from teachers. Lawson further stated that she was not aware of any accountability issues in this area to date.

Roberta Brady, a second grade teacher, also spoke and told the committee and superintendent that she uses this “recess” time to work with children and to call parents and “yes, I may even go to the ladies room”, Brady deadpanned. “No one has ever questioned my professionalism or said that I have spent this time inappropriately”.

Then Superintendent Cirillo continued to support his proposal, although saying that “it is still in the draft stage”. Cirillo said it allows the “school department to gather data.” Cirillo said that this is not an attempt to use these logs to evaluate a teacher’s performance. He further stated that his proposal is supported by an unnamed “member of the teachers’ union management”.

Mandating documentation of this recess time “smacks of micromanaging to me,” Tsonos said. However, Cirillo and Barham continued to exert that this proposed change is our “management right”. Teacher Deborah Brum questioned Cirillo why this entire issue isn’t concerned a violation of the teachers’ contract. Brum quoted the contract which states that teachers are not required to supervise lunch or playground activities. However, Cirillo refused to address her question stating that he would “not discuss contractual issues on the table in public”. Steve Prew, president of the East Providence Principal’s association in 2010 said that “this issue has not been brought to my attention by anyone." Steve Prew, president of the East Providence Principal’s association said that “this issue has not been brought to my attention by anyone. “I question the motivation for this change. I don't like the connotation of a 'coded' form,” said then union President Valerie Lawson. The Cirillo proposal was eventually killed and recess returned to East Providence as it was known.

Rhode Island Kids Count also released a statement in support of this new legislation. “We know that physical activity promotes healthy growth for children across the spectrum of development,” said Executive Director of Rhode Island KIDS COUNT. “Children benefit physically, socially, academically, mentally, and emotionally with regular physical activity. When children are given the opportunity to move more throughout the day, they are better able to fulfill their potential in and out of the classroom," - RI Kids Count.

"Through play at recess, children learn valuable communication skills, including negotiation, cooperation, sharing, and problem solving as well as coping skills, such as perseverance and self control. These skills become fundamental, lifelong personal tools," states the American Academy of Pediatrics. "Recess is unique from, and a complement to, physical education - not a substitute for it."