SB 490: "Georgia Student Mental Health Days Act"; enact

Currently Georgia law does not specifically address absences for mental health reasons under the state's compulsory attendance rules. This bill, called the Georgia Student Mental Health Days Act, would add a new section to Georgia law requiring every local school system and public school to adopt a policy granting students an excused absence for up to three mental health days per school year. A mental health day is defined as an absence due to a student's mental health or emotional well-being. Parents, guardians, or students who are 18 or older or emancipated would need to notify the school of the absence, and schools would have to document it, but schools could not require anyone to disclose details about the student's mental health condition. Schools would also have to tell families about available mental health resources at the start of each year or upon enrollment. The State Board of Education would create a model policy for schools to use. The law would take effect July 1, 2026, starting with the 2026-2027 school year.

• Requires local school systems and public schools to adopt a policy excusing student absences for up to three mental health days per school year.
• Defines a mental health day as an absence tied to a student's mental health or emotional well-being.
• Requires parents, guardians, or eligible students to notify the school of a mental health day absence and requires the school to document it.
• Bars schools from requiring disclosure of mental health details as a condition of excusing the absence.
• Requires public schools to notify families about available mental health resources at the start of the school year or upon enrollment.
• Directs the State Board of Education to develop a model policy for local systems and schools to follow.

Public school students and their parents or guardians, local school system governing bodies and public schools that must adopt and administer the new policy, and the State Board of Education, which must create a statewide model policy for schools to use.

Students who need time off for mental health reasons would get a guaranteed, limited number of excused absences each year without having to reveal private health details to school staff. Schools would take on new administrative duties, including notifying families about mental health resources.

• Section 1 gives the Act its short title, the Georgia Student Mental Health Days Act.
• Section 2 adds new Code section 20-2-692.5, defining a mental health day and requiring local policies granting up to three excused absences per school year for it.
• Section 2 requires notification of the absence by a parent, guardian, or eligible student and documentation by the school.
• Section 2 prohibits schools from requiring disclosure of mental health or emotional well-being information to excuse the absence.
• Section 2 requires public schools to notify families of available mental health resources at the start of the school year or upon enrollment.
• Section 2 directs the State Board of Education to develop a model policy for local systems and schools.
• Section 3 sets the effective date as July 1, 2026, applying starting with the 2026-2027 school year.

1. 2026-02-11Senate Read and Referred (Senate)
2. 2026-02-10Senate Hopper (Senate)

• Kenya Wicks (D, SD-034)Primary sponsor
• RaShaun Kemp (D, SD-038)
• Sally Harrell (D, SD-040)
• Harold Jones (D, SD-022)
• Randal Mangham (D, SD-055)
• Donzella James (D, SD-028)
• Tonya Anderson (D, SD-043)
• Nikki Merritt (D, SD-009)
• Jaha Howard (D, SD-035)

• student mental health
• school attendance policy
• public education
• K-12 schools