89R678 PRL-F
By: Zaffirini, Cook S.B. No. 52
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
the student may seek or receive mental or behavioral health
treatment, support, or diagnosis with documentation from the
student's health care professional. The board of trustees of a
school district may adopt a policy to allow a student to be excused
for an absence related to mental or behavioral health treatment,
support, or diagnosis without documentation from the student's
health care professional. The policy may require the student to:
(1) provide documentation from a previous visit with a
health care professional related to the student's mental or
behavioral health; or
(2) be seen by the school counselor or a similarly
qualified district professional:
(A) with written consent from the student's
parent or guardian; or
(B) if applicable, 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-8), (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-8), (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 2025-2026
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, 2025.