PRINTER'S NO. 1036
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
886
Session of
2023
INTRODUCED BY KANE, SCHWANK, HAYWOOD, FONTANA, KEARNEY, HUGHES,
STREET, SANTARSIERO, COMITTA, BREWSTER, CAPPELLETTI, COSTA,
TARTAGLIONE, COLLETT AND DILLON, AUGUST 15, 2023
REFERRED TO EDUCATION, AUGUST 15, 2023
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 2023-2024 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
or uncertified mental health-related condition.
(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. In no case shall a student be permitted to
use three or more mental health days in a week or in two or more
consecutive weeks. 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) The accumulated number of excused absences for a mental
health day that a school shall permit a student to use for a
school year shall be equal to or more than the number of excused
absences permitted by the school for absences under section
1329(a).
(e) Within ninety (90) days of the effective date of this
section, t he department shall develop and publish guidelines for
public schools to implement mental health days. The department
shall consider including guidance for a school to integrate the
school's responses to student-excused absences for a mental
health day into the school's support systems for student well-
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being. 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.
(f) 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) Obsessive compulsive disorder.
(4) Learning and developmental disabilities.
(5) Autism.
(6) Substance use disorder.
(7) Self-harm.
(8) Any other similar conditions or behaviors recognized and
diagnosed through examination of the student by a physician or
mental health professional.
"Extended family" means a member of the student's family
extending to 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 adoption process and may be of
any degree up to the third degree.
"Fatigue" means a reduction of energy, stamina or focus that
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impacts mental or physical performance due to stressors or other
related certified mental health-related conditions or
uncertified mental health-related conditions.
"Immediate family" means a member of the student's nuclear
family, including any of the following related to the student as
a natural relative, by marriage to a natural relative or through
the adoption process:
(1) A parent, grandparent, sibling or near relative who
resides in the same household as the student.
(2) A child of the student.
"Mental health day" means a day to allow a student to attain
care, rest or treatment to address a certified mental health-
related condition or uncertified mental health-related
condition.
"School" means a school district, area career and technical
school, charter school, cyber charter school or independent
school.
"Uncertified mental health-related condition" means a
condition or behavior exhibited by a student that has not been
diagnosed by a physician or mental health professional, but that
causes the student to experience overwhelming feelings of
stress, situational grief or trauma-induced suffering which
impede learning, including:
(1) The death of or a severe injury sustained by a member of
the student's immediate family or the student's extended family.
(2) The death of the student's emotional support service
animal.
(3) A school-related incident or event that traumatically
affected the student, the student's friend or a staff member,
classroom aide, administrator or teacher at the school.
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(4) A community incident or event that induced trauma for
the student.
(5) An accident or incident resulting in death or harm,
injury or suffering of the student, an immediate or extended
family member or a friend of the student regardless of where the
accident or incident occurred.
(6) An act of bullying of the student by another student at
the school, the school grounds or the route used to transverse
to and from the school, if the act was reported by the student
to the school.
(7) Compounding stressors, including academic pressure,
burnout and any other factors that impact a student's ability to
focus due to poor mental health.
(8) Any other similar reason, incident or event triggering
mental or physical fatigue due to an underlying mental health-
related stressor even though the student has not been diagnosed
by a physician or mental health professional.
Section 3. This act shall take effect in 60 days.
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