--- title: SB 490. "Georgia Student Mental Health Days Act"; enact collection: bills id: 2025-2026/sb490 cite_as: SB 490, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb490 md_url: https://georgiacommons.org/bills/2025-2026/sb490.md text_url: https://georgiacommons.org/bills/2025-2026/sb490/text source_url: https://www.legis.ga.gov/legislation/73068 date: 2026-02-11 status: introduced corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb489.md next: https://georgiacommons.org/bills/2025-2026/sb491.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 95 omitted_url: https://georgiacommons.org/bills/2025-2026/sb490.md?full=1 bill_number: SB 490 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2026-02-10 last_action: Senate Read and Referred sponsors: - Kenya Wicks - RaShaun Kemp - Sally Harrell - Harold Jones - Randal Mangham - Donzella James - Tonya Anderson - Nikki Merritt - Jaha Howard text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB490/2025 upstream_id: 2113628 summaries_model: claude-sonnet-5 topic_tags: - student mental health - school attendance policy - public education - K-12 schools --- # SB 490. "Georgia Student Mental Health Days Act"; enact ## Text Senate Bill 490 By: Senators Wicks of the 34th, Kemp of the 38th, Harrell of the 40th, Jones II of the 22nd, Mangham of the 55th and others A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance relative to elementary and secondary school students, so as to require the local governing body for each school system and public school to adopt a policy providing that students shall be granted excused absences for up to three mental health days per school year; to require local school systems and public schools to provide information to students and parents about available mental health resources; to require the State Board of Education to develop a model policy; to provide a definition; to provide a short title; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Student Mental Health Days Act." SECTION 2. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance relative to elementary and secondary school students, is amended by adding a new Code section to read as follows: "20-2-692.5. (a) As used in this Code section, the term 'mental health day' means an absence from school due to a student's mental health or emotional well-being. (b) The local governing body of each local school system and public school shall adopt a policy providing that a student shall be granted an excused absence, up to a maximum of three school days per school year, for a mental health day. Such policy shall provide for: (1) Notification by the parent or guardian of a student, or the student if he or she is 18 years of age or older or is an emancipated minor, to the local school system or public school that such student will be absent for a mental health day; and (2) Documentation of absences excused in accordance with this Code section. (c) No local school system or public school shall require a student or his or her parent or guardian to disclose information related to such student's mental health or emotional well-being in order to have an absence excused pursuant to this Code section. (d) At the beginning of each school year or upon enrollment, each public school shall notify the parent or guardian of each student of all mental health resources or services, if any, available through such public school. (e) The State Board of Education shall develop a model policy for use by local school systems and public schools in accordance with this Code section." SECTION 3. This Act shall become effective on July 1, 2026, and shall apply beginning with the 2026-2027 school year. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A Georgia Senate bill would require every public school system to excuse students for up to three mental health days a year, without forcing them to explain why. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Introduced (2026-02-10) - Last action: Senate Read and Referred (2026-02-11) - Sponsors: Kenya Wicks, RaShaun Kemp, Sally Harrell, Harold Jones, Randal Mangham, Donzella James, Tonya Anderson, Nikki Merritt, Jaha Howard - Official page: https://www.legis.ga.gov/legislation/73068 > The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb490.md?full=1