By: Zaffirini S.B. No. 891
A BILL TO BE ENTITLED
AN ACT
relating to excused absences from public school for a student's
mental or behavioral health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.087, Education Code, is amended by
adding Subsection (b-9) and amending Subsection (d) to read as
follows:
(b-9) A school district shall excuse a student from
attending school for a maximum of five days in a school year so that
a student may seek or receive mental or behavioral health
treatment, support, or diagnosis with documentation from a health
care provider. The district may:
(1) create a policy to allow students to be excused for
absences related to mental or behavioral health treatment, support,
or diagnosis without documentation from a health care professional.
This policy may require the student to provide previous
documentation or be seen by a school counselor or similar district
professional, with written consent from a parent or guardian or in
accordance with Section 32.004, Family Code.
(d) A student whose absence is excused under Subsection (b),
(b-1), (b-2), (b-4), (b-5), (b-7), (b-9), or (c) may not be
penalized for that absence and shall be counted as if the student
attended school for purposes of calculating the average daily
attendance of students in the school district. A student whose
absence is excused under Subsection (b), (b-1), (b-2), (b-4),
(b-5), (b-7), (b-9), or (c) shall be allowed a reasonable time to
make up school work missed on those days. If the student
satisfactorily completes the school work, the day of absence shall
be counted as a day of compulsory attendance.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.