| 1 | 1 | | 88R3161 KJE-F |
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| 2 | 2 | | By: Plesa H.B. No. 2881 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to excused absences from public school for a student's |
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| 8 | 8 | | mental or behavioral health. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 25.087, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (b-9) and amending Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b-9) A school district shall excuse a student from |
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| 14 | 14 | | attending school for a maximum of five days in a school year for the |
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| 15 | 15 | | student's mental or behavioral health. The district may not |
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| 16 | 16 | | require the student to provide a statement from a health care |
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| 17 | 17 | | professional to justify or verify the student's absence. On a |
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| 18 | 18 | | student's second excused absence under this subsection, the |
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| 19 | 19 | | district may refer the student to the district's school counselor |
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| 20 | 20 | | or other appropriate school support personnel. |
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| 21 | 21 | | (d) A student whose absence is excused under Subsection (b), |
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| 22 | 22 | | (b-1), (b-2), (b-4), (b-5), (b-7), (b-9), or (c) may not be |
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| 23 | 23 | | penalized for that absence and shall be counted as if the student |
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| 24 | 24 | | attended school for purposes of calculating the average daily |
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| 25 | 25 | | attendance of students in the school district. A student whose |
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| 26 | 26 | | absence is excused under Subsection (b), (b-1), (b-2), (b-4), |
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| 27 | 27 | | (b-5), (b-7), (b-9), or (c) shall be allowed a reasonable time to |
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| 28 | 28 | | make up school work missed on those days. If the student |
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| 29 | 29 | | satisfactorily completes the school work, the day of absence shall |
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| 30 | 30 | | be counted as a day of compulsory attendance. |
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| 31 | 31 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 32 | 32 | | school year. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2023. |
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