Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Establishes requirements for removal of students from public school pending mental health clearance.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mental health clearances for public school students and supplementing chapter 37 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Licensed mental health clinician means a licensed clinical social worker, licensed psychologist, licensed professional counselor, psychiatric advanced practice nurse, or psychiatrist.
Mental health clearance means 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.
School district means a local or regional school district, county special services school district, county vocational school district, charter school, and renaissance school project.
2. a. A school district, an educational services commission, and an approved private school for students with disabilities that removes a student from school and requires the student to undergo a mental health clearance shall adopt a policy that complies with the regulations adopted by the State Board of Education pursuant to section 7 of this act and also provides that:
(1) removal for a mental health clearance is used only 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. In the case of a student classified as eligible for special education programs and services, the school district, educational services commission, or approved private school for students with disabilities shall consult with the child study team prior to removal;
(2) the removal is documented in writing in sufficient detail to enable the information to be used in the mental health clearance and by staff to address student behavior;
(3) upon the students return to school, in the case of a classified student, the child study team shall review and update the students Individual Education Program (IEP), and in the case of a student with a plan prepared pursuant to section 504 of the federal Rehabilitation Act of 1973, (504) 29 U.S.C. s.794, the 504 team shall review and update the students 504 plan. In the case of a general education student, the school district, educational services commission, or approved private school for students with disabilities shall evaluate the student in accordance with the provisions of the Individuals with Disabilities Education Act, (IDEA) 20 U.S.C. s.1400 et seq. If the evaluation determines that the student is not eligible for classification under the IDEA, the student shall be referred for evaluation under the federal Rehabilitation Act of 1973, 29 U.S.C. s.794;
(4) the students parent or guardian is immediately notified when the decision is made to remove a student from school for a mental health clearance, which notification may be by telephone or electronic communication. A full written report of the incident leading to the students removal shall be provided to the parent or guardian within 48 hours of when the decision was made;
(5) 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 504 plan, the instruction shall be consistent with that plan;
(6) the family bears no cost for the mental health clearance necessary for the students return to school, except as otherwise provided pursuant to subsection a. of section 3 of this act; and
(7) every reasonable effort is made to ensure a students prompt return to school.
The school district, educational services commission, and approved private school for students with disabilities shall post the policy on its website. The website shall also include a list of employees who serve as a point of contact on the removal of students for a mental health clearance.
b. A school district, an educational services commission, and an approved private school for students with disabilities shall provide the parent or guardian of a student who is removed from school for a mental health clearance with:
(1) a copy of the policy developed pursuant to subsection a. of this section;
(2) the New Jersey Department of Educations Parental Rights in Special Education document; and
(3) any other information and resources necessary to support the students mental and behavioral health.
The school district, educational services commission, and approved private school for students with disabilities shall also provide the parent or guardian with information on the return of the student to school following the mental health clearance. The school district, educational services commission, and approved private school for students with disabilities shall not impose any conditions other than the mental health clearance on the students return to school, and other than any actions required under the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. s.1400 et seq., the federal Rehabilitation Act of 1973, 29 U.S.C. s.794, or State law and regulations concerning student discipline.
c. Any communication with a students parent or guardian concerning the students removal from school and required mental health clearance, including the provision of information provided pursuant to this section, shall be documented in writing.
d. A school district, an educational services commission, and an approved private school for students with disabilities shall minimize the use of the removal of students from school for mental health clearance through the use of other available student intervention programs.
3. a. A school district, an educational services commission, and an approved private school for students with disabilities shall provide the parent or guardian of a student removed from school for a 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 of Education pursuant to subsection d. of section 7 of this act. The school district, educational services commission, and approved private school for students with disabilities shall also provide a students parent or guardian with a list of licensed mental health clinicians who are employed by, or under contract with, the school district, educational services commission, or approved private school for students with disabilities who are also available to conduct the evaluation of the student.
A students parent or guardian may select a licensed mental health clinician who is not included on the lists provided by the school district, educational services commission, or approved private schools for students with disabilities to conduct the students mental health clearance, and the school district, educational services commission, or approved private school for students with disabilities shall accept the mental health clearance provided that it meets the criteria established by the State Board of Education pursuant to subsection d. of section 7 of this act. In the event that a parent or guardian selects a licensed mental health clinician who is not included on the lists, the parent or guardian shall bear the cost of the mental health clearance.
b. A school