THE SENATE
S.B. NO.
2222
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating to mental health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §302A- ] [Underlined: Attendance; mental or behavioral health; excused absence.] [Underlined: (a) The department shall identify as an excused absence any absence due to the student's mental or behavioral health; provided that a student may not take more than excused absences due to mental or behavioral health per academic year.]
[Underlined: (b) For the purposes of this section, "excused absence" means an absence identified by the department as exempt from penalties relating to the failure of a student to meet the requirements for regular attendance at school.]"[Underlined: ]
SECTION 2. Section 302A-1136, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§302A-1136[[Struck through: ]]] Enforcement. [Underlined: (a)] The department shall be charged with the enforcement of sections 302A-1132 to 302A‑1135. Nothing in this section shall relieve any chief of police or police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the department.
[Underlined: (b) An absence by a student due to the student's mental or behavioral health shall be exempt from this section.]"
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOE; Education; Attendance; Mental Health; Behavioral Health; Excused Absence
Description:
Requires the Department of Education to identify as an excused absence any absence due to the student's mental or behavioral health. Limits the number of excused absences due to mental or behavioral health that a student may take per academic year. Exempts an absence due to the student's mental or behavioral health from the enforcement of penalties relating to compulsory school attendance.
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