New Jersey S 2598: Establishes requirements for removal of students from public school pending mental health clearance.

Bill Text

S2598 

SENATE, No. 2598 

STATE OF NEW JERSEY

222nd LEGISLATURE

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PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

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 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

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.

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