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.

PRIOR PRINTER'S NO. 2002 PRINTER'S NO. 2876
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1648
Session of
2025
INTRODUCED BY N. NELSON, BURGOS, HILL-EVANS, BRIGGS, GIRAL,
SCHLOSSBERG, SANCHEZ, RIVERA, CEPEDA-FREYTIZ, D. WILLIAMS,
MAYES, WARREN, CURRY AND GREEN, JUNE 23, 2025
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 2026
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:
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Section 1329.1. Mental Health Days.-- (a) No later than the
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
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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-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
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diagnosed through examination of the student by a physician or
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 adoption process and may be
of any degree up to the third degree.
"Fatigue" means a reduction of energy, stamina or focus that
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
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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.
(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 traverse 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. (A) WITHIN ONE
HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE DATE OF THIS
SUBSECTION, THE DEPARTMENT SHALL DEVELOP AND PUBLISH A MODEL
POLICY AND GUIDELINES FOR STUDENT MENTAL HEALTH DAYS. THE
DEPARTMENT SHALL INCLUDE IN THE GUIDELINES EVIDENCE-BASED BEST
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PRACTICES FOR A SCHOOL TO CONNECT STUDENTS USING MENTAL HEALTH
DAYS WITH MENTAL HEALTH SUPPORT UNDER THE SCHOOL'S STUDENT
ASSISTANCE PROGRAM. IN DEVELOPING THE GUIDELINES AND MODEL
POLICY, THE DEPARTMENT SHALL CONSULT WITH THE WORK GROUP
ESTABLISHED BY THE DEPARTMENT UNDER SUBSECTION (B)(1).
(B) (1) THE DEPARTMENT SHALL ESTABLISH A WORK GROUP TO
ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE MODEL POLICY AND
GUIDELINES REQUIRED UNDER SUBSECTION (A). THE WORK GROUP SHALL
CONSIST OF THE FOLLOWING MEMBERS:
(I) APPOINTED BY THE SECRETARY OF EDUCATION:
(A) TWO EDUCATION SUPPORT PROFESSIONALS WITH EXPERIENCE IN
SCHOOL ATTENDANCE MATTERS RECOMMENDED BY THE PENNSYLVANIA STATE
EDUCATION ASSOCIATION.
(B) TWO BUILDING PRINCIPALS RECOMMENDED BY THE PENNSYLVANIA
PRINCIPALS ASSOCIATION.
(C) TWO SCHOOL COUNSELORS RECOMMENDED BY THE PENNSYLVANIA
SCHOOL COUNSELORS ASSOCIATION.
(D) TWO SCHOOL SOCIAL WORKERS RECOMMENDED BY THE
PENNSYLVANIA ASSOCIATION OF SCHOOL SOCIAL WORK PERSONNEL.
(E) TWO SCHOOL PSYCHOLOGISTS RECOMMENDED BY THE ASSOCIATION
OF SCHOOL PSYCHOLOGISTS OF PENNSYLVANIA.
(F) ONE SCHOOL BOARD MEMBER AND ONE SOLICITOR OR SCHOOL
ADMINISTRATOR RECOMMENDED BY THE PENNSYLVANIA SCHOOL BOARDS
ASSOCIATION.
(II) ONE STUDENT APPOINTED BY EACH OF THE FOLLOWING:
(A) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(B) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(C) THE MINORITY LEADER OF THE SENATE.
(D) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(2) THE DEPARTMENT SHALL HOLD AT LEAST THREE MEETINGS WITH
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THE WORK GROUP UNDER PARAGRAPH (1), WITH THE FIRST MEETING BEING
HELD NO LATER THAN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF
THIS PARAGRAPH.
(C) UPON THE DEPARTMENT'S DEVELOPMENT OF A MODEL POLICY AND
GUIDELINES UNDER SUBSECTION (A), THE GOVERNING BODY OF EACH
SCHOOL SHALL REVIEW ITS ATTENDANCE POLICY AND, NO LATER THAN THE
BEGINNING OF THE 2027-2028 SCHOOL YEAR, MODIFY THE ATTENDANCE
POLICY TO INCORPORATE STUDENT MENTAL HEALTH DAYS. THE POLICY
ADOPTED BY THE SCHOOL MAY BE BASED ON THE MODEL POLICY DEVELOPED
BY THE DEPARTMENT.
(D) AS USED IN THIS SECTION, THE TERM "SCHOOL" SHALL HAVE
THE MEANING GIVEN TO IT IN SECTION 1326.
Section 3. This act shall take effect in 60 days
IMMEDIATELY.
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