BILL ANALYSIS

Senate Research Center	S.B. 891
	By: Zaffirini
	Education
	3/6/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

A 2022 study by the National Alliance on Mental Illness reported that approximately one out of six adolescents between the ages of 6 and 17 in Texas suffers from a mental health disorder annually. Despite the high prevalence of mental health illnesses, approximately 64.7 percent of Texans aged 12 to 17 never receive any mental health care. What's more, high school students with untreated mental health conditions are twice as likely to drop out of high school compared to their peers, and approximately 70 percent of children in juvenile detention have a mental health illness. These issues, however, are not exclusive to Texas. To address these concerning trends, 12 other states enacted mental health excused absences for students.

Current law in Texas does not require public schools to excuse a student from attending school in a school year for mental or behavioral health reasons. While some schools throughout the state allow mental and behavioral health excused absences, the lack of uniformity results in limited access to mental health support for some students.

S.B. 891 would require a school district to excuse a student from attending school for a maximum of five days in a school year to receive mental or behavioral health treatment, support, or diagnosis with documentation from a healthcare provider. What's more, the bill would authorize a school district to create a policy that allows excused absences for mental and behavioral health treatment without documentation. The policy could require the student to have previous documentation or to meet with a school counselor or similar district representative with written consent from a parent or guardian. These changes would enhance clarity and consistency in addressing mental health among young Texans while also giving school districts the flexibility to develop policies that best support their students' needs.

As proposed, S.B. 891 amends current law relating to excused absences from public school for a student's mental or behavioral health.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 25.087, Education Code, by adding Subsection (b-9) and amending Subsection (d), as follows:

(b-9) Requires a school district to 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. Authorizes the district to:

(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. Authorizes this policy to 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 (Consent to Counseling), Family Code.

(d) Provides that a student whose absence is excused under certain subsections, including Subsection (b-9), is prohibited from being penalized for that absence and is required to be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. Makes a conforming change.

SECTION 2. Provides that this Act applies beginning with the 2023�2024 school year.

SECTION 3. Effective date: upon passage or September 1, 2023.