BILL NUMBER: SB 561INTRODUCED 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 unlessithe 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 4of 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.