Pennsylvania SB 781: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for definitions and providing for mental health days.

Bill Text

PRINTER'S NO. 834
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 781
Session of
2025
INTRODUCED BY KANE, SCHWANK, TARTAGLIONE, HAYWOOD, COLLETT,
HUGHES, SANTARSIERO, COMITTA, CAPPELLETTI AND COSTA,
MAY 22, 2025
REFERRED TO EDUCATION, MAY 22, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for definitions and providing for mental health
days.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "excused absence" in section
1326 of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949, is amended to read:
Section 1326. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"Excused absence" shall mean an absence from school which is
permitted under section 1329 or 1329.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 1329.1. Mental Health Days.--(a) No later than the
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beginning of the 2026-2027 school year, each board of directors
or governing body of a public, nonpublic or private school shall
adopt policies to provide an excused absence from compulsory
school attendance required under this act for a mental health
day when a student's well-being is at risk due to mental or
physical fatigue, regardless of whether the underlying mental
health-related condition triggering the fatigue is a certified
mental health-related condition or an uncertified mental health-
related condition. The policy adopted under this subsection may
be based on the model policy developed by the department under
subsection (d).
(b) The excused absence under subsection (a) shall be
categorized as a mental health day.
(c) Notwithstanding section 1329 or 22 Pa. Code § 11.25
(relating to temporary excusals due to illness or other urgent
reasons), a student may use up to two consecutive days for a
mental health day. Except as provided by the policy adopted
under subsection (a), a student shall not be permitted to use
three or more mental health days in a week or in two or more
consecutive weeks. Except as provided by the policy adopted
under subsection (a), additional days needed for mental or
physical fatigue due to an underlying mental health-related
condition shall be permitted under the policies and procedures
adopted by the school under section 1329.
(d) Within ninety (90) days of the effective date of this
section, the department shall develop and publish guidelines for
schools to implement mental health days and a model policy that
would meet the requirements of this section for adoption under
subsection (a). The department shall include evidence-based
guidance for a school to integrate the school's responses to
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student-excused absences for a mental health day into the
school's support systems for student well-being. The guidance
shall also include evidence-based best practices for a school
employe as designated in the policy adopted under subsection
(a), to contact a student who uses two or more mental health
days and to connect the student to mental health support. In
developing the guidelines, the department shall consult with a
student advisory group and school administrators:
(1) whose members are directly impacted by student absence
rules and policies; and
(2) who represent the diversity of the public school
population, including diversity in gender identity, family
income, race and ethnicity, geography and any other factors the
department determines are relevant.
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Certified mental health-related condition" means a condition
or behavior recognized and diagnosed through examination of the
student by a physician or mental health professional, including:
(1) Attention deficit hyperactivity disorder.
(2) Anxiety.
(3) Depression.
(4) Obsessive compulsive disorder.
(5) Learning and developmental disabilities.
(6) Autism.
(7) Substance use disorder.
(8) Eating disorders.
(9) Self-harm.
(10) Any other similar condition or behavior recognized and
diagnosed through examination of the student by a physician or
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mental health professional.
"Extended family" means a member of the student's family
network, including an aunt, uncle, cousin, niece or nephew who
lives in the same community as the student. The family member
may be related to the student as a natural relative, by marriage
to a natural relative or through the adopt