HB 367

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 367 amends Section 25.087 of the Texas Education Code to expand the categories of excused absences from public schools to include students who are unable to attend due to serious or life-threatening illnesses. Under this legislation, a student’s absence will be excused if a licensed Texas physician certifies the nature of the illness, affirms that it is serious or life-threatening, estimates the length of the anticipated absence, and confirms that attendance is medically infeasible during that period.

The bill requires each school district to adopt a standardized certification form for this purpose and prohibits districts from demanding additional documentation beyond what is specified on the form. This streamlines the administrative process and reduces burdens on families managing complex health circumstances. The goal is to ensure that students with significant medical needs are not penalized academically or procedurally for absences outside of their control.

HB 367 aims to ensure equity in school attendance policies by formally protecting the rights of students facing major health challenges. By enshrining a simple, physician-verified process into law, the bill enhances consistency across districts and prevents potential disparities or administrative overreach. The legislation is set to take effect starting with the 2025–2026 school year.
Author (5)
Jon Rosenthal
Tom Oliverson
Lauren Simmons
Mihaela Plesa
Helen Kerwin
Sponsor (1)
Jose Menendez
Co-Sponsor (2)
Nathan Johnson
Borris Miles
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 367 is not expected to have any fiscal impact on the State of Texas. The Texas Education Agency (TEA) has indicated that any administrative duties required under the bill, such as guiding districts to implement the new certification form for excused absences, can be managed using existing agency resources without the need for additional funding or staffing.

At the local level, the bill does impose a minor administrative requirement on school districts (Local Education Agencies or LEAs). Specifically, districts will be required to adopt a standardized form for verifying excused absences due to serious or life-threatening illness. However, the fiscal note suggests that the cost of adopting and using these forms is minimal and can also be absorbed within the normal operating budgets of the districts.

In summary, while HB 367 introduces a procedural change in how excused absences for medical reasons are verified, it does so without creating significant new financial obligations for either the state or local governments. The bill is thus fiscally neutral and should not impact school finance formulas, operational funding, or staffing levels.

Vote Recommendation Notes

HB 367 is a clarifying and rights-affirming measure that strengthens procedural fairness for public school students with serious or life-threatening illnesses. Building on the policy framework established by HB 699 (87th Legislature), this bill addresses confusion in school districts by requiring the use of a standardized physician certification form and prohibiting additional documentation requirements beyond what is specified on the form. These changes ensure that students and their families have a clear, consistent, and fair process to document absences for medical reasons, reducing arbitrary or inconsistent district-level practices.

The bill upholds several foundational liberty principles. It affirms individual liberty by protecting the educational rights of medically vulnerable students. It supports personal responsibility by maintaining physician verification, preserving accountability, and integrity in the process. Most notably, the bill supports limited government by placing strict limits on what school districts may demand from families, thereby reducing administrative overreach and unnecessary regulatory hurdles.

From a fiscal and regulatory standpoint, HB 367 is minimalistic and efficient. According to the Legislative Budget Board, the bill will have no fiscal implication for the state, and local school districts can implement the required form using existing resources. It does not grow the size or scope of government, create new bureaucracies, or impose new mandates on businesses or individuals. In fact, it reduces regulatory burden by explicitly preventing districts from requiring more than the physician-certified form.

In summary, HB 367 simplifies existing law, enhances fairness and clarity, imposes no new costs, and aligns with key constitutional principles. As such, Texas Policy Research recommends that lawmakers vote YES on HB 367.

  • Individual Liberty: The bill protects the rights of medically vulnerable students by ensuring that their absences from school due to serious or life-threatening illnesses are excused without excessive bureaucratic obstacles. It empowers families and physicians to make health-related decisions without requiring them to navigate inconsistent or arbitrary documentation demands from school districts. This affirms the principle that individuals, not government entities, should control personal and family medical decisions.
  • Personal Responsibility: The bill maintains the requirement that a licensed physician must certify the student’s condition and the anticipated absence period. This ensures the system is not abused while placing the onus for verification on a qualified medical professional. Parents and guardians remain responsible for coordinating with healthcare providers and submitting the form. The balance of compassion and accountability reinforces a responsible approach to education and health.
  • Free Enterprise: The bill has no direct effect on businesses or economic activity. It does not impose new regulations on private entities or alter the functioning of the healthcare or education markets. While it relies on licensed physicians to complete the required forms, it does so using existing practices and within the scope of their regular duties.
  • Private Property Rights: The bill does not touch on property rights. It neither regulates nor reassigns property ownership or use, and has no implications for eminent domain, zoning, or land use.
  • Limited Government: One of the clearest benefits of the bill is its limitation on government overreach. By explicitly prohibiting school districts from demanding documentation beyond what is included in the adopted form, the bill curtails excessive administrative discretion. This guards against the imposition of burdensome, inconsistent, or invasive local policies and promotes a streamlined, uniform process statewide.
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