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A BILL TO BE ENTITLED
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AN ACT
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relating to excused absences from public school for a student's |
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mental or behavioral health. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.087, Education Code, is amended by |
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adding Subsection (b-9) and amending Subsection (d) to read as |
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follows: |
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(b-9) A school district shall excuse a student from |
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attending school for a maximum of five days in a school year so that |
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the student may seek or receive mental or behavioral health |
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treatment, support, or diagnosis with documentation from the |
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student's health care professional. The board of trustees of a |
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school district may adopt a policy to allow a student to be excused |
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for an absence related to mental or behavioral health treatment, |
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support, or diagnosis without documentation from the student's |
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health care professional. The policy may require the student to: |
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(1) provide documentation from a previous visit with a |
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health care professional related to the student's mental or |
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behavioral health; or |
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(2) be seen by the school counselor or a similarly |
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qualified district professional: |
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(A) with written consent from the student's |
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parent or guardian; or |
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(B) if applicable, in accordance with Section |
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32.004, Family Code. |
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(d) A student whose absence is excused under Subsection (b), |
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(b-1), (b-2), (b-4), (b-5), (b-7), (b-8), (b-9), or (c) may not be |
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penalized for that absence and shall be counted as if the student |
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attended school for purposes of calculating the average daily |
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attendance of students in the school district. A student whose |
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absence is excused under Subsection (b), (b-1), (b-2), (b-4), |
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(b-5), (b-7), (b-8), (b-9), or (c) shall be allowed a reasonable |
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time to make up school work missed on those days. If the student |
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satisfactorily completes the school work, the day of absence shall |
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be counted as a day of compulsory attendance. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |