BILL NUMBER: SB 561	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 22, 2013

   An act to amend Section 48915.2 of the Education Code, relating to
pupil discipline.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 48915.2 of the Education Code is amended to
read:
   48915.2.  (a) A pupil expelled from school for any of the offenses
listed in subdivision (a) or (c) of Section 48915  ,
 shall not be permitted to enroll in any other school or
school district during the period of expulsion unless  it
  he or she has undergone a mental health evaluation
conducted by a licensed clinical psychologist, and the school at
which he or she enrolls is a county community school pursuant to
subdivision (c) of Section 1981, or a juvenile court school, as
described in Section 48645.1, or a community day school pursuant to
Article 3 (commencing with Section 48660) of Chapter 4  of
Part 27  .
   (b) After a determination has been made, pursuant to a hearing
under Section 48918, that an individual expelled from another school
district for any act described in subdivision (a) or (c) of Section
48915 does not pose a danger to either the pupils or employees of the
school district, the governing board of a school district may permit
the individual to enroll in the school district after the term of
expulsion, subject to one of the following conditions:
   (1) He or she has established legal residence in the school
district, pursuant to Section 48200.
   (2) He or she is enrolled in the school pursuant to an
interdistrict agreement executed between the affected school
districts pursuant to Chapter 5 (commencing with Section 46600) of
Part 26.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 3.  It is the intent of the Legislature that any
state-mandated costs incurred pursuant to this act shall be
backfilled with an appropriation from the Mental Health Services Fund
established by Section 5890 of the Welfare and Institutions Code.