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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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a student may seek or receive mental or behavioral health |
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treatment, support, or diagnosis with documentation from a health |
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care provider. The district may: |
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(1) create a policy to allow students to be excused for |
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absences related to mental or behavioral health treatment, support, |
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or diagnosis without documentation from a health care professional. |
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This policy may require the student to provide previous |
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documentation or be seen by a school counselor or similar district |
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professional, with written consent from a parent or guardian or in |
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accordance with Section 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-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-9), or (c) shall be allowed a reasonable time to |
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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 2023-2024 |
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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, 2023. |