House advances bill to require middle-school physical education and daily recess, adds waiver for travel

The South Carolina House gave second reading to House Bill 31 95 on Feb. 13, 2024, a bill that extends statutory physical-education requirements to middle-school students and adds a daily outdoor recess requirement for prekindergarten through eighth grade. The House recorded the second-reading vote as 101 in favor and 3 opposed; the sponsor requested and secured unanimous consent to schedule the bill's third reading on Friday.

Under the measure as amended on the floor, students in grades 6 through 8 would receive a minimum of 60 minutes of physical education each week (a minimum of 60 hours per school year). For students in pre-K through grade 8, schools would be required to provide a minimum of 20 minutes of unstructured outdoor recess daily. The bill also preserves arts instruction hours and prevents schools from substituting arts time for the new physical-education requirement.

The House adopted a committee amendment that adds a narrow waiver: a middle-school student who must travel off campus to attend high-school classes may be granted an additional waiver only if the school has made a reasonable effort to accommodate the student's participation in physical education. The amendment retains existing medical or religious waivers, and a separate floor amendment added the word "daily" for clarity in the recess requirement.

Representative Erickson, who explained the bill and amendments, framed the legislation as a response to public-health and readiness concerns. She said testimony cited low fitness levels and lower military eligibility among some high-school students. "We know this is good for brain development," Erickson said while explaining the recess requirement.

Members pressed for fiscal details. The fiscal summary submitted with the bill reported responses from school districts showing a range of impacts: five districts indicated no expenditure impact; other districts estimated increased expenses ranging from $75,000 to $1,575,000. Erickson noted those estimates represent district-level responses and that the bill does not include an appropriation; schools would implement changes within existing funding unless districts report overages. She also noted volunteers may be used to supervise required activity where appropriate.

Lawmakers debated whether the bill imposes an unfunded mandate. Representative King asked whether York County districts had responded; Erickson said she did not have a district-by-district list in the chamber. Representative Williams and others supported the policy as a way to increase physical activity among students.

The bill received a recorded second-reading vote of 101 to 3 and was ordered for third reading by unanimous consent.

Next steps: The bill will appear on the calendar for third reading as ordered by the House.