Q: Are teachers in California allowed to take recess away from kids for punishment?
My kid's teacher allows the class to use the bathroom 2 times a week during class. Every time they have to use the bathroom more, she does minus 5 minutes recess for each time. The principal said that this is not a rule at their school and that it is not allowed. The teacher wrote me and said that it is not illegal as long as they still have 30 minutes recess a day. Is that true?
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A:
Taking away recess as punishment in California schools is actually restricted by state law. Education Code Section 44807.5 specifically states that teachers can only withhold recess for disciplinary purposes when no other means of correction have worked, and it cannot be used as punishment for incomplete academic work.
The bathroom policy your teacher implemented raises serious concerns, as it could potentially violate students' basic rights and health needs. The California Department of Education emphasizes that schools must provide students with reasonable access to bathrooms throughout the day. Your principal is correct - teachers cannot create arbitrary bathroom restrictions that could harm students' wellbeing.
While the teacher's claim about 30 minutes of recess might reference the minimum required daily physical activity time, this doesn't give them authority to withhold recess as punishment for using the bathroom. You should document these incidents and follow up with the principal, as they've already indicated this practice isn't allowed. If needed, you can escalate this to the school district's superintendent or board of education, as they're required to ensure school policies protect students' health and rights.
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