Hi Lisa,

As far as I know, the No Child Left Behind act does not include requirements for recess. In fact, one of the biggest complaints I have heard about No Child Left Behind is that many school districts and schools are cutting down on the amount of time children spend in recess so that they can squeeze in more time for test preparation. Indeed, the U.S. Department of Education has published a report in the last two years indicating that only about 83-88% of elementary schools having daily recess.

Thus, I don't believe that you will get much traction in this area evoking the No Child Left Behind act, but I have heard of parents who have specifically stated to their child's teacher that they want their child to always have access to recess, and if the child needs a consequence, you would rather your child had an extra homework assignment, had to write a letter to the teacher apologizing for the incident, etc. Think creatively, but I'm confident that you can come up with an alternative consequence. I'm interested in hearing other parent's experiences with this, too!

To read the U.S. Department of Education findings on school recess and physical education I had mentioned above, please see the following URL:
http://www.ed.gov/news/pressreleases/2006/05/05162006.html

Good luck!