The appellant seeks reversal of a local board decision to not modify the schedule of fifth grade students allowing for recess, or unstructured exercise or play time.

The district has a whole-grade sharing agreement with Union Community School District for 5-8 grade, which created some additional class offerings. The result is an eight-period day with no time set aside for recess.

The appellant did some research on the importance of recess and presented a plan to the board whereby certain class periods would be shortened to allow for it. The board denied the request due in inadequate facilities and that teachers are given the discretion to allow students to play from time to time.

The appears to be a case of first impression before the State Board of Education, as no prior cases concerning recess could be located. Also, the Department of Education has no accreditation standard regarding recess.

The burden of proof is on the appellant to show that the board's decision was in violation of law, beyond their authority, was made arbitrarily, or constitutes an abuse of discretion. She has not met that burden but is to be commended on her role as an active advocate on behalf of her children, willing to face the "powers that be" with her request.

The decision made by the BCLUW board of education is affirmed.