HB 1648 — 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.

PRINTER'S NO.    2002

                     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 AND WARREN, JUNE 23, 2025

     REFERRED TO COMMITTEE ON EDUCATION, JUNE 24, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, further
 6      providing for definitions and providing for mental health
 7      days.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The definition of "excused absence" in section
11   1326 of the act of March 10, 1949 (P.L.30, No.14), known as the
12   Public School Code of 1949, is amended to read:
13      Section 1326.    Definitions.--When used in this article, the
14   following words and phrases shall have the following meanings:
15      * * *
16      "Excused absence" shall mean an absence from school which is
17   permitted under section 1329 or 1329.1.
18      * * *
19      Section 2.    The act is amended by adding a section to read:
20      Section 1329.1.    Mental Health Days.--(a)   No later than the
 1   beginning of the 2026-2027 school year, each board of directors
 2   or governing body of a public, nonpublic or private school shall
 3   adopt policies to provide an excused absence from compulsory
 4   school attendance required under this act for a mental health
 5   day when a student's well-being is at risk due to mental or
 6   physical fatigue, regardless of whether the underlying mental
 7   health-related condition triggering the fatigue is a certified
 8   mental health-related condition or an uncertified mental health-
 9   related condition. The policy adopted under this subsection may
10   be based on the model policy developed by the department under
11   subsection (d).
12      (b)   The excused absence under subsection (a) shall be
13   categorized as a mental health day.
14      (c)   Notwithstanding section 1329 or 22 Pa. Code § 11.25
15   (relating to temporary excusals due to illness or other urgent
16   reasons), a student may use up to two consecutive days for a
17   mental health day. Except as provided by the policy adopted
18   under subsection (a), a student shall not be permitted to use
19   three or more mental health days in a week or in two or more
20   consecutive weeks. Except as provided by the policy adopted
21   under subsection (a), additional days needed for mental or
22   physical fatigue due to an underlying mental health-related
23   condition shall be permitted under the policies and procedures
24   adopted by the school under section 1329.
25      (d)   Within ninety (90) days of the effective date of this
26   section, the department shall develop and publish guidelines for
27   schools to implement mental health days and a model policy that
28   would meet the requirements of this section for adoption under
29   subsection (a). The department shall include evidence-based
30   guidance for a school to integrate the school's responses to

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 1   student-excused absences for a mental health day into the
 2   school's support systems for student well-being. The guidance
 3   shall also include evidence-based best practices for a school
 4   employe as designated in the policy adopted under subsection
 5   (a), to contact a student who uses two or more mental health
 6   days and to connect the student to mental health support. In
 7   developing the guidelines, the department shall consult with a
 8   student advisory group and school administrators:
 9      (1)    whose members are directly impacted by student absence
10   rules and policies; and
11      (2)    who represent the diversity of the public school
12   population, including diversity in gender identity, family
13   income, race and ethnicity, geography and any other factors the
14   department determines are relevant.
15      (e)    As used in this section, the following words and phrases
16   shall have the meanings given to them in this subsection:
17      "Certified mental health-related condition" means a condition
18   or behavior recognized and diagnosed through examination of the
19   student by a physician or mental health professional, including:
20      (1)    Attention deficit hyperactivity disorder.
21      (2)    Anxiety.
22      (3)    Depression.
23      (4)    Obsessive compulsive disorder.
24      (5)    Learning and developmental disabilities.
25      (6)    Autism.
26      (7)    Substance use disorder.
27      (8)    Eating disorders.
28      (9)    Self-harm.
29      (10)    Any other similar condition or behavior recognized and
30   diagnosed through examination of the student by a physician or

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 1   mental health professional.
 2      "Extended family" means a member of the student's family
 3   network, including an aunt, uncle, cousin, niece or nephew who
 4   lives in the same community as the student. The family member
 5   may be related to the student as a natural relative, by marriage
 6   to a natural relative or through the adoption process and may be
 7   of any degree up to the third degree.
 8      "Fatigue" means a reduction of energy, stamina or focus that
 9   impacts mental or physical performance due to stressors or other
10   related certified mental health-related conditions or
11   uncertified mental health-related conditions.
12      "Immediate family" means a member of the student's nuclear
13   family, including any of the following related to the student as
14   a natural relative, by marriage to a natural relative or through
15   the adoption process:
16      (1)    A parent, grandparent, sibling or near relative who
17   resides in the same household as the student.
18      (2)    A child of the student.
19      "Mental health day" means a day to allow a student to attain
20   care, rest or treatment to address a certified mental health-
21   related condition or uncertified mental health-related
22   condition.
23      "School" means a school district, area career and technical
24   school, charter school, cyber charter school or independent
25   school.
26      "Uncertified mental health-related condition" means a
27   condition or behavior exhibited by a student that has not been
28   diagnosed by a physician or mental health professional, but that
29   causes the student to experience overwhelming feelings of
30   stress, situational grief or trauma-induced suffering which

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 1   impede learning, including:
 2      (1)    The death of or a severe injury sustained by a member of
 3   the student's immediate family or the student's extended family.
 4      (2)    The death of the student's emotional support service
 5   animal.
 6      (3)    A school-related incident or event that traumatically
 7   affected the student, the student's friend or a staff member,
 8   classroom aide, administrator or teacher at the school.
 9      (4)    A community incident or event that induced trauma for
10   the student.
11      (5)    An accident or incident resulting in death or harm,
12   injury or suffering of the student, an immediate or extended
13   family member or a friend of the student regardless of where the
14   accident or incident occurred.
15      (6)    An act of bullying of the student by another student at
16   the school, the school grounds or the route used to traverse to
17   and from the school, if the act was reported by the student to
18   the school.
19      (7)    Compounding stressors, including academic pressure,
20   burnout and any other factors that impact a student's ability to
21   focus due to poor mental health.
22      (8)    Any other similar reason, incident or event triggering
23   mental or physical fatigue due to an underlying mental health-
24   related stressor even though the student has not been diagnosed
25   by a physician or mental health professional.
26      Section 3.    This act shall take effect in 60 days.




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