Establishes requirements for removal of students from public school pending mental health clearance.

A4318

ASSEMBLY, No. 4318

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

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 student�s return
to school, in the case of a classified student, the child study team shall
review and update the student�s 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 student�s 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 student�s 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 student�s 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 student�s 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 student�s 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 Education�s �Parental Rights in Special Education� document; and

���� (3)� any other information and
resources necessary to support the student�s 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 student�s 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 student�s parent or guardian concerning the student�s 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
student�s 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 student�s 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 student�s 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 district,
educational services commission, and 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 contact information of an
employee who shall be available to provide information to the parent or
guardian on the process for removal and return to school, and to address any
questions the parent or guardian may have in regard to that process.� The
employee shall work with the family to expedite the scheduling of the mental
health clearance and to make any documentation necessary to conduct the
clearance promptly available to the licensed mental health clinician.

���� 4.��� The Department of
Education shall post on its website training materials and resources available
to the employees of school districts, educational services commissions, and
approved private schools for students with disabilities who are involved in
determining if a student requires to be removed from school for a mental health
clearance.� The training materials shall address, at a minimum, the issues of
adverse childhood experiences, childhood trauma, cultural competency, and
implicit bias which may impact student behavior.

���� 5.��� A student shall not be
removed from school for a mental health clearance without proper documentation
of the reason for the removal.�
Nothing in this act
shall be construed as affecting any requirements established in State and
federal law concerning students with disabilities.

���� 6.��� a.� The Department of
Education shall annually collect data from school districts, educational
services commissions, and approved private schools for students with
disabilities 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. For any students
who were removed from school more than once for a mental health clearance
during the reporting period, the number of those students shall be reported and
disaggregated by the number of times each was removed in addition to the
disaggregation required by subsection b. of this section.

���� b.��� The department shall
annually publish the data collected pursuant to subsection a. of this section
on its website in a manner that protects student privacy and each school
district, educational services commission, and approved private school for
students with disabilities shall annually publish its own data on its website
in the same manner. The data published on the websites shall be disaggregated
by general education students and students with disabilities, by school
district, and by race, gender, and age of the student.

����� 7.����� 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, shall adopt rules and regulation pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the
provisions of this act.� The rules and regulations shall include, but not be
limited to, the following:

���� a.���� a definition of what
constitutes cause for the removal of a student from school for a� mental health
clearance, provided that the definition limits those causes to emergencies in
which the student is exhibiting behavior at the time that the decision for
removal is made that places the student or others in immediate physical danger;

���� b.��� any limitations on the
use of removal of a student from school for mental health clearance, including
other interventions that are required prior to removal, and that the removal is
consistent with the provisions of the �Individuals with Disabilities Education
Act� (IDEA), 20 U.S.C. 1400 et seq., as applicable, and the notification, home
instruction, and mental health clearance cost requirements established pursuant
to sections 2 and 3 of this act.

���� c.���� the maximum period of
time that a student may be removed from school awaiting a mental health
clearance before the student is returned to school or provided with an
alternate educational placement;

���� d.��� the establishment of
criteria that a mental health clearance is required to meet and that a school
district, an educational services commission, and an approved private school
for students with disabilities is required to accept as an appropriate
evaluation for clearance to return to school.� The regulations shall provide
that a school district, educational services commission, and approved private
school for students with disabilities shall accept a mental health clearance
that meets the established criteria and allows for the immediate return of the
student from school if the mental health clearance indicates that return;

���� e.���� the development of a
Statewide list of licensed mental health clinicians available to conduct mental
health clearances that meet the criteria established pursuant to subsection d.
of this section;

���� f.���� the actions to be taken
by a school district, an educational services commission, and an approved
private school for students with disabilities if a student�s mental health
clearance indicates that at the time of the mental health clearance, the
student is substantially likely to injure themselves or others and should not
return to school.� The regulations shall include the standards for a hearing
that will provide the student and the student�s parent or guardian an
opportunity to challenge a decision to continue the student�s removal from
school based on the evaluation.� Nothing shall preclude a classified student
from pursuing an expedited hearing under the �Individuals with Disabilities
Education Act� (IDEA), 20 U.S.C. s.1400 et seq. and its implementing
regulations; and

���� g.��� the actions to be taken
by a school district, an educational services commission, and an approved
private school for students with disabilities upon the return of the student to
school, and the resources to be provided by the school district, educational
services commission, and approved private school for students with disabilities
to the student and the student�s parent or guardian upon the student�s return.

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� 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.