Relating to verification of excused absences from public school for students with severe or life-threatening illnesses.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Education Agency (General Oversight) • Local School Districts (Implementation)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Law is currently in force).
Compliance Deadline: August 2025 (Start of the 2025-2026 School Year). Districts must have the required forms adopted and available before the first day of instruction.
Agency Rulemaking: No central TEA rulemaking is required. Instead, local rulemaking is mandated: Local Boards of Trustees must adopt a specific verification form "as soon as practicable."
Immediate Action Plan
Draft the Form: Legal counsel must draft the Section 25.087(g) compliance form immediately. Do not wait for a TEA template.
Update Board Policy: Place the form adoption on the July or August Board of Trustees agenda for formal approval.
Revise Handbooks: Remove any language in the 2025-2026 Student Handbook that claims the district has the right to refuse medical excuses for severe illnesses.
Publish: Post the approved form prominently on the district website under "Attendance" and "Health Services" to reduce administrative friction with parents.
Operational Changes Required
Contracts
Student Handbooks: These function as the contract between the district and the family. You must revise "Attendance" and "Excused Absence" sections immediately to reflect that physician certification of a serious illness is now a mandatory excuse, not a discretionary one.
Service Agreements: Review agreements with Student Information System (SIS) vendors to ensure attendance codes can distinguish between standard medical absences and Section 25.087(b)(3) absences to prevent automated truancy triggers.
Hiring/Training
Attendance Clerks & Registrars: Train staff immediately to stop requesting supplemental medical records (e.g., lab results, treatment plans) for these specific cases. If the form is signed, the inquiry ends.
School Nurses: Nurses must be instructed that they cannot override a physician’s determination of "infeasibility" of attendance.
Physicians & Clinic Staff: Providers must be trained to use the specific district form rather than generic "return to school" notes. Electronic Medical Record (EMR) templates should be updated to include the statutory phrase "serious or life-threatening illness."
Reporting & Record-Keeping
New Mandatory Form: Districts must draft and adopt a form that captures four specific data points:
1. The specific illness.
2. Certification that the illness is "serious or life-threatening."
3. The anticipated absence period.
4. Certification that attendance is "infeasible."
Data Privacy: Because the form requires the specific name of the illness, it constitutes sensitive medical data. Store these forms in compliance with FERPA and HIPAA standards, separate from general cumulative folders accessible to non-essential staff.
Fees & Costs
No New Fees: Districts cannot charge for the form processing.
Administrative Costs: Low impact, limited to legal review of the new form and policy updates.
Strategic Ambiguities & Considerations
"Serious or Life-Threatening": The statute does not define this threshold. This determination is legally ceded to the physician. Districts should not attempt to adjudicate the severity of a diagnosis; if the doctor signs the form, the legal requirement is met.
"Infeasible": This is a subjective standard regarding the student's physical or mental ability to attend. Expect friction where a student appears capable of attending but a physician certifies otherwise. The law favors the physician's certification.
Form Reciprocity: The law requires the parent to submit the form "adopted by the district." It is unclear if a district *must* accept a substantially similar form from a neighboring district. To minimize risk, districts should accept any affidavit containing the four statutory elements until case law suggests otherwise.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
In 2021, the 87th Texas Legislature enacted H.B. 699, which required public school districts to excuse a student from attending school for an absence resulting from a serious or life-threatening illness or related treatment. The bill author has informed the committee that, while the legislation has achieved the intended goal of excusing these medically vulnerable students, there is some confusion regarding what exactly is required for an applicable absence to be excused. H.B. 367 seeks to address this issue by simplifying the process for verifying these excused absences with the use of a form and clarifying the law so that all involved parties understand their responsibilities.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 367 amends the Education Code to revise the conditions under which a public school district must excuse a student from attending school for an absence resulting from a serious or life-threatening illness or related treatment that makes the student's attendance infeasible by doing the following:
·requiring each district to adopt a form to be used by such a student or their parent or guardian in providing the requisite certification of the illness from a licensed physician;
·prohibiting a district from requiring the student or their parent or guardian to provide more documentation or information than is required by the form; and
·requiring the certification to include the following statements, in addition to a specification of the student's illness and the anticipated period of absence as required under current law, and clarifying that this information is determined by the physician:
oa statement that the illness is serious or life-threatening; and
oa statement that the illness makes the student's attendance infeasible during the anticipated period of absence.
The bill requires each district to adopt the form as soon as practicable after the bill's effective date.
H.B. 367 applies beginning with the 2025-2026 school year.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
Honorable Brad Buckley, Chair, House Committee on Public Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB367 by Rosenthal (Relating to verification of excused absences from public school for students with severe or life-threatening illnesses.), As Introduced
No fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
Local Education Agencies would be required to adopt certain forms related to verifying certain excused absences.
Source Agencies:
701 Texas Education Agency
LBB Staff:
JMc, JPE, SL, MJe
Related Legislation
Explore more bills from this author and on related topics
Effective June 20, 2025, Texas law strips school districts of the discretion to reject medical excuses for students with "serious or life-threatening" illnesses, provided a physician certifies the condition on a district-adopted form. This legislation mandates immediate administrative changes for Independent School Districts (ISDs) and Charter Schools to avoid liability for wrongful truancy enforcement, while requiring healthcare providers to adjust documentation protocols to match statutory language. Implementation Timeline Effective Date: June 20, 2025 (Law is currently in force).
Q
Who authored HB367?
HB367 was authored by Texas Representative Jon Rosenthal during the Regular Session.
Q
When was HB367 signed into law?
HB367 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB367?
HB367 is enforced by Texas Education Agency (General Oversight) and Local School Districts (Implementation).
Q
How urgent is compliance with HB367?
The compliance urgency for HB367 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB367?
The cost impact of HB367 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB367 address?
HB367 addresses topics including education, education--primary & secondary, education--primary & secondary--admission & attendance, health care providers and minors.
Legislative data provided by LegiScanLast updated: November 25, 2025
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