Bill > A4318

Introduced Session

This bill requires that school districts, educational services commissions, and approved private schools for students with disabilities follow specific procedures when the district, educational services commission, or approved private school for students with disabilities makes a determination to remove a student from school for mental health clearance by a licensed mental health clinician in order to return to school. A mental health clearance is defined as an assessment conducted by a licensed mental health clinician to determine, at the time of the assessment, whether a student is substantially likely to injure themselves or others if returned to school. Under the bill, school districts, educational services commissions, and approved private schools for students with disabilities are required to adopt a policy that complies with the regulations promulgated by the State Board of Education under the bill, and also includes the following: 1) removal for mental health clearance is only used in an emergency in which the student is exhibiting behavior at the time of removal that places the student or others in immediate physical danger; 2) the removal is documented in writing in sufficient detail to be used in the mental health clearance and to enable staff to address student behavior. In the case of a classified student, consultation with the child study team will occur prior to removal; 3) upon the student's return to school, in the case of a classified student, the child study team is to review and update the student's Individualized Education Program (IEP), and in the case of a student with a 504 plan, the 504 team is to review and update the 504 plan. In the case of a general education student, the student is to be evaluated to determine if the student is eligible for special education programs and services or a 504 plan; 3) the student's parent or guardian is immediately notified by telephone or electronically when the decision is made to remove the student. A full written report of the incident is to be provided to the parent or guardian within 48 hours of the removal decision; 4) appropriate instruction is provided to a student who is removed from school for more than five days. In the case of a student with an IEP or a 504 plan, the instruction is to be consistent with that plan; 5) the family will bear no cost for the mental health clearance except in certain circumstances; and 6) every reasonable effort is made to ensure the student's prompt return to school. The policy is to be provided to the parent or guardian of a student who is removed from school, and be posted on the website of the school district, educational services commission, or approved private school for students with disabilities. The website also is to include a list of employees who will serve as a point of contact on the removal of students for mental health clearance. The State Board of Education, in consultation with the Division of Mental Health and Addiction Services in the Department of Human Services and the Department of Children and Families, is directed to promulgate regulations that are to include: 1) a definition of what constitutes cause for the removal of a student for mental health clearance; 2) any limitations on the use of removal of a student for mental health clearance, including other interventions that are required before removal, and that the removal is consistent with the IDEA; 3) the maximum period of time that a student may be removed from school awaiting the mental health clearance before the student is returned to school or an alternate educational placement is provided; 4) the establishment of criteria that a mental health clearance is to meet and the school district, educational services commission, and approved school for students with disabilities is required to accept as an appropriate evaluation; 5) the development of a Statewide list of licensed mental health clinicians available to conduct mental health clearances that meet the criteria; 6) the actions to be taken by the school district, educational services commission, and approved private school for students with disabilities if the student's evaluation indicates that the student should not return to school, including the standards for a hearing that will provide the student and the student's parent or guardian with an opportunity to challenge the decision; and 7) the actions to be taken by the school district, educational services commission, and approved private school for students with disabilities upon the return of the student to school, and the resources to be provided to the student and the parent or guardian. A school district, educational services commission, and approved private school for students with disabilities is required to provide the parent or guardian of a student removed from school for mental health clearance with the Statewide list of licensed mental health clinicians available to conduct the evaluation of the student as developed by the State board under its regulations. The school district, educational services commission, and approved private school for students with disabilities is to also provide the parent or guardian with a list of licensed mental health clinicians employed by, or under contract with, the school district, educational services commission, or approved private school for students with disabilities available to conduct the mental health clearance. A parent or guardian may select a licensed mental health clinician who is not on either of these lists to conduct the student's mental health clearance, but in this case the parent or guardian will bear the cost of the clearance. The bill directs the department to annually collect data on the number of students that were removed from school for a mental health clearance, the duration of the student's removals, the number of students who were returned to school with a mental health clearance, and the number of students who were not cleared for return to school. The department is required to publish the data on its website in a manner that protects student privacy. The data is to be disaggregated by general education students and students with disabilities, by county, and by race, gender, and age of the student.

AI Summary

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Shanique Speight (D)*, 

Introduced, Referred to Assembly Education Committee (on 02/19/2026)

Official Document