Model Legislation

Mental Health Excused Absences for Students

When students are struggling with their mental health, an excused absence from school can help them get back on their feet and receive the care they need so they are set up for success. Just like how students are allowed excused absences when they need to heal from an illness or injury, students should have the opportunity to take time off when they are mentally unwell. Permitting excused absences for mental health helps students prioritize their wellbeing and fosters a mentally healthy school climate.

78% of teenagers said schools should support mental health days to allow students to prioritize their health.
(2020 Harris Poll)
State lawmakers can adopt the model language below to allow mental health excused absences in schools.

Model Legislation

In the section of each state’s code that addresses compulsory attendance requirements, the following language is recommended:

Definition of an Excused Absence

  1. “Excused absence” means an absence of an entire assigned instructional school day with a reason acceptable to the school administration that is provided by the parent or guardian. Examples of an excused absence may include, but are not limited to, the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observations, and military obligation.

Absences for Mental or Behavioral Health Reasons

  1. A pupil’s absence from school for a mental or behavioral health reason is a necessary and excused absence.
    A student may not be penalized for an excused absence for the mental or behavioral health of the student and must be given the opportunity to make up any schoolwork missed during such excused absence.
  2. The Department of Education shall provide the technical ability, via the state student information system, for Local Education Agencies to code and create reports related to these absences.