| 1 | 1 | | 89R678 PRL-F |
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| 2 | 2 | | By: Zaffirini, Cook S.B. No. 52 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to excused absences from public school for a student's |
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| 10 | 10 | | mental or behavioral health. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 25.087, Education Code, is amended by |
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| 13 | 13 | | adding Subsection (b-9) and amending Subsection (d) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (b-9) A school district shall excuse a student from |
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| 16 | 16 | | attending school for a maximum of five days in a school year so that |
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| 17 | 17 | | the student may seek or receive mental or behavioral health |
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| 18 | 18 | | treatment, support, or diagnosis with documentation from the |
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| 19 | 19 | | student's health care professional. The board of trustees of a |
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| 20 | 20 | | school district may adopt a policy to allow a student to be excused |
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| 21 | 21 | | for an absence related to mental or behavioral health treatment, |
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| 22 | 22 | | support, or diagnosis without documentation from the student's |
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| 23 | 23 | | health care professional. The policy may require the student to: |
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| 24 | 24 | | (1) provide documentation from a previous visit with a |
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| 25 | 25 | | health care professional related to the student's mental or |
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| 26 | 26 | | behavioral health; or |
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| 27 | 27 | | (2) be seen by the school counselor or a similarly |
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| 28 | 28 | | qualified district professional: |
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| 29 | 29 | | (A) with written consent from the student's |
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| 30 | 30 | | parent or guardian; or |
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| 31 | 31 | | (B) if applicable, in accordance with Section |
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| 32 | 32 | | 32.004, Family Code. |
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| 33 | 33 | | (d) A student whose absence is excused under Subsection (b), |
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| 34 | 34 | | (b-1), (b-2), (b-4), (b-5), (b-7), (b-8), (b-9), or (c) may not be |
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| 35 | 35 | | penalized for that absence and shall be counted as if the student |
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| 36 | 36 | | attended school for purposes of calculating the average daily |
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| 37 | 37 | | attendance of students in the school district. A student whose |
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| 38 | 38 | | absence is excused under Subsection (b), (b-1), (b-2), (b-4), |
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| 39 | 39 | | (b-5), (b-7), (b-8), (b-9), or (c) shall be allowed a reasonable |
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| 40 | 40 | | time to make up school work missed on those days. If the student |
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| 41 | 41 | | satisfactorily completes the school work, the day of absence shall |
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| 42 | 42 | | be counted as a day of compulsory attendance. |
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| 43 | 43 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 44 | 44 | | school year. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2025. |
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