SB 561, as introduced, Fuller. Pupil discipline: expelled pupils: mental health evaluation.
(1) Existing law requires that a pupil expelled from school for any of several specified offenses is prohibited from enrolling in any other school or school district during the period of expulsion unless the school he or she enrolls in is a county community school, a juvenile court school, or a community day school.
This bill would impose a state-mandated local program by further requiring that a pupil expelled from school for any of these offenses undergo a mental health evaluation conducted by a licensed clinical psychologist in order to enroll in one of these schools.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(3) This bill would express the intent of the Legislature that any state-mandated costs incurred pursuant to the bill be backfilled with an appropriation from the Mental Health Services Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 48915.2 of the Education Code is
2amended to read:
(a) A pupil expelled from school for any of the
4offenses listed in subdivision (a) or (c) of Section 48915begin delete,end delete shall not
5be permitted to enroll in any other school or school district during
6the period of expulsion unlessbegin delete itend deletebegin insert he or she has undergone a mental
7health evaluation conducted by a licensed clinical psychologist,
8and the school at which he or she enrollsend insert is a county community
9school pursuant to subdivision (c) of Section 1981, or a juvenile
10court school, as described in Section 48645.1, or a community day
11school
pursuant to Article 3 (commencing with Section 48660) of
12Chapter 4begin delete of Part 27end delete.
13(b) After a determination has been made, pursuant to a hearing
14under Section 48918, that an individual expelled from another
15school district for any act described in subdivision (a) or (c) of
16Section 48915 does not pose a danger to either the pupils or
17employees of the school district, the governing board of a school
18district may permit the individual to enroll in the school district
19after the term of expulsion, subject to one of the following
20conditions:
21(1) He or she has established legal residence in the school
22district, pursuant to Section 48200.
23(2) He or she is enrolled in the school pursuant to an interdistrict
24agreement executed between the affected
school districts pursuant
25to Chapter 5 (commencing with Section 46600) of Part 26.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
It is the intent of the Legislature that any
32state-mandated costs incurred pursuant to this act shall be
33backfilled with an appropriation from the Mental Health Services
34Fund established by Section 5890 of the Welfare and Institutions
35Code.
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