Mental Health Days for Students: State Laws

Student burnout is a tangible issue in the modern education system. Recognizing the crisis in youth well-being, several state legislatures have moved to treat mental health with the same seriousness as physical illness. Following Oregon’s lead in 2019, a growing number of states now legally protect a student’s right to take an excused absence specifically for mental or behavioral health reasons.

The Shift in Attendance Policy

Historically, if a student needed a day off to manage anxiety or burnout, parents often had to lie and claim the child had a fever or stomach bug to get the absence excused. This stigma prevented schools from tracking the actual needs of their student body.

Recent legislation changes this dynamic. As of 2024, at least 12 states have passed laws explicitly allowing students to take mental health days. These policies generally allow parents to call in an absence for “mental/behavioral health” without requiring a doctor’s note, provided the number of days remains within a specific limit.

States With Active Mental Health Day Laws

If you reside in one of the following states, your child is legally entitled to excused absences for mental health.

Oregon

Oregon was the pioneer of this movement. In 2019, the state passed a law permitting students to take up to five days off within a three-month period for mental or behavioral health. These are treated exactly like sick days. This allows schools to track data; if a student is taking excessive mental health days, counselors can intervene to offer support.

Illinois

Under Senate Bill 1577, which went into effect in 2022, Illinois students typically do not need a medical note for a mental health day. They are allowed up to five mental health days per school year. If a student uses a second mental health day, the school may refer them to a counselor for a check-in, but the absence remains excused.

California

California enacted SB 14 in late 2021. This law added “mental or behavioral health” to the list of valid reasons for an excused absence. While it does not set a hard cap like Illinois, local districts generally treat it under standard sick leave policies. The law also requires that mental health training be provided to teachers.

Connecticut

The Connecticut law is slightly stricter regarding frequency. Students are allowed two non-consecutive mental health days per school year. This means a student cannot take a “long weekend” (Friday and Monday) specifically for mental health under this provision without further documentation.

Arizona

Arizona updated its attendance policies to allow students to take time off for mental health issues. The legislation helps distinguish between truancy and legitimate health needs, ensuring students aren’t penalized for managing stress or anxiety.

Additional States

Several other states have enacted similar measures or adjusted their definition of “illness” to include mental health:

• Colorado: Passed HB 1021, requiring school boards to allow excused absences for behavioral health.
• Maine: Allows for excused absences for health reasons, specifically including mental health.
• Nevada: Determining that mental health issues constitute a legitimate medical reason for absence.
• Utah: Updated the definition of “valid excuse” to include mental/behavioral health.
• Virginia: The state Department of Education guidelines now include mental health as a valid reason for an excused absence.
• Washington: HB 1834 requires schools to categorize mental health absences as excused.
• Kentucky: Passed legislation expanding excused absences to include student mental health days.

How to Request a Mental Health Day

If you live in one of the states listed above, the process is straightforward. However, it is vital to follow the specific protocol of your school district to ensure the absence is recorded correctly.

1. Check the Handbook: Even with state laws, local districts often have specific reporting procedures. Check if there is a specific code or checkbox for “Mental Health” on the attendance form.
2. Be Honest: The purpose of these laws is destigmatization. When calling the attendance line, state clearly that the absence is for “mental health” or “behavioral health.”
3. Monitor Frequency: If your child reaches the limit (often 5 days) or requests days frequently, the school may require a note from a licensed therapist or physician to excuse further absences.

What If My State Is Not Listed?

If you live in a state like New York, Texas, or Florida, there may not be a specific law protecting mental health days yet. In these cases, attendance policies are determined by the local school board.

Parents in these states have two options:

• Advocate: Contact the school principal or school board. Many districts are willing to excuse these absences even without a state mandate if a parent communicates proactively.
• Use General Sick Days: If the school is rigid, most parents continue to use standard “illness” excuses. While this hides the real issue, it protects the student from academic penalties associated with unexcused absences.

When a Day Off Isn't Enough

While these laws are a victory for student well-being, they are designed for short-term rest. They are not a substitute for treatment.

If a student refuses to go to school for more than a few days, or if the “mental health days” are used to avoid specific social situations or tests, this may indicate a deeper anxiety disorder or school refusal behavior. In these scenarios, allowing the student to stay home can sometimes reinforce the anxiety.

If your child uses their allotted mental health days rapidly, take it as a signal. It is likely time to consult with a school counselor or a private mental health professional to address the root cause of the distress.

Frequently Asked Questions

Do colleges see mental health days on transcripts? Generally, no. Colleges see your total number of absences, but high school transcripts rarely distinguish between “sick with flu” and “mental health day.” They are simply categorized as “excused absences.”

Can a school deny a mental health day? In states with specific laws (like Illinois or Oregon), public schools cannot deny the absence if you are under the limit. However, private schools may not be bound by the same state education laws and often set their own attendance contracts.

Do students have to make up the work? Yes. An excused absence protects the student from disciplinary action (truancy), but it does not exempt them from learning the material. Students are still responsible for homework and tests missed during their day off.

Are there bills pending in other states? Yes. Legislation is constantly evolving. States like Massachusetts, New York, and Pennsylvania have had bills introduced or discussed regarding this issue. It is smart to check your state legislature’s website for the most current bills regarding “student attendance” and “mental health.”