[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1811
To increase the recruitment and retention of school-based mental health
services providers by low-income local educational agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2021
Mr. Tester introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To increase the recruitment and retention of school-based mental health
services providers by low-income local educational agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Access to Mental Health
in Schools Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Best practices.--The term ``best practices'' means a
technique or methodology that, through experience and research
related to professional practice in a school-based mental
health field, has proven to reliably lead to a desired result.
(2) Eligible graduate institution.--The term ``eligible
graduate institution'' means an institution of higher education
that offers a program of study that leads to a masters or other
graduate degree--
(A) in school psychology that is accredited or
approved by the National Association of School
Psychologists' Program Approval Board (or its
successor) or the Commission on Accreditation of the
American Psychological Association and that prepares
students in such program for the State licensing or
certification examination in school psychology;
(B) in school counseling that prepares students in
such program for the State licensing or certification
examination in school counseling;
(C) in school social work that is accredited by the
Council on Social Work Education and that prepares
students in such program for the State licensing or
certification examination in school social work;
(D) in another school-based mental health field
that prepares students in such program for the State
licensing or certification examination in such field,
if applicable; or
(E) in any combination of study described in
subparagraphs (A) through (D).
(3) Eligible partnership.--The term ``eligible
partnership'' means--
(A) a partnership between 1 or more low-income
local educational agencies and 1 or more eligible
graduate institutions; or
(B) in any region in which local educational
agencies may not have a sufficient elementary school
and secondary school student population to support the
placement of all participating graduate students, a
partnership between a State educational agency, on
behalf of 1 or more low-income local educational
agencies, and 1 or more eligible graduate institutions.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), but excludes any institution of higher education
described in section 102(a)(1)(C) of such Act.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Low-income local educational agency.--The term ``low-
income local educational agency'' means a local educational
agency--
(A) for which not less than 20 percent of the
students served by such agency are from families with
incomes below the poverty line as determined by the
Bureau of the Census on the basis of the most recent
satisfactory data available; and
(B) that, as of the date of application for a grant
under this Act, has ratios of school counselors, school
social workers, and school psychologists to students
served by the agency that are not more than 1 school
counselor per 275 students, not more than 1 school
psychologist per 770 students, and not more than 1
school social worker per 250 students.
(7) Participating eligible graduate institution.--The term
``participating eligible graduate institution'' means an
eligible graduate institution that is part of an eligible
partnership awarded a grant under section 3.
(8) Participating graduate.--The term ``participating
graduate'' means an individual who--
(A) has received a masters or other graduate degree
in a school-based mental health field from a
participating eligible graduate institution and has
obtained a State license or credential in the school-
based mental health field; and
(B) as a graduate student of a school-based mental
health field, was placed in a school served by a
participating low-income local educational agency to
complete required field work, credit hours,
internships, or related training as applicable.
(9) Participating low-income local educational agency.--The
term ``participating low-income local educational agency''
means a low-income local educational agency that is part of an
eligible partnership awarded a grant under section 3.
(10) School-based mental health field.--The term ``school-
based mental health field'' means each of the following fields:
(A) School counseling.
(B) School social work.
(C) School psychology.
(D) Any other field of study that leads to
employment as a school-based mental health services
provider.
(11) School-based mental health services provider.--The
term ``school-based mental health services provider'' has the
meaning given the term in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(13) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(14) Student support personnel target ratios.--The term
``student support personnel target ratios'' means the ratios of
school-based mental health services providers to students
recommended to enable such personnel to effectively address the
needs of students, including--
(A) at least 1 school counselor for every 250
students (as recommended by the American School
Counselor Association and American Counseling
Association);
(B) at least 1 school psychologist for every 500-
700 students (as recommended by the National
Association of School Psychologists); and
(C) at least 1 school social worker for every 250
students (as recommended by the School Social Work
Association of America).
(15) Unaccompanied youth.--The term ``unaccompanied youth''
has the meaning given such term in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
SEC. 3. GRANT PROGRAM TO INCREASE THE NUMBER OF SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS EMPLOYED BY LOW-INCOME LOCAL
EDUCATIONAL AGENCIES.
(a) Grant Program Authorized.--From amounts made available to carry
out this section, the Secretary shall award grants, on a competitive
basis and after input from the peer review panel under subsection (d),
to eligible partnerships, to enable the eligible partnerships to carry
out pipeline programs to increase the number of school-based mental
health services providers employed by low-income local educational
agencies by carrying out any of the activities described by subsection
(f).
(b) Grant Period.--A grant awarded under this section shall be for
a 5-year period and may be renewed for additional 5-year periods upon a
showing of adequate progress, as determined by the Secretary.
(c) Application.--To be eligible to receive a grant under this
section, an eligible graduate institution, on behalf of an eligible
partnership, shall submit to the Secretary a grant application. The
application shall contain such information as the Secretary may
require, including--
(1) an assessment of the existing (as of the date of
application) ratios of school-based mental health services
providers (in the aggregate and disaggregated by profession) to
students enrolled in schools in each low-income local
educational agency that is part of the eligible partnership;
and
(2) a detailed description of--
(A) a plan to carry out a pipeline program to
train, place, and retain school-based mental health
services providers in low-income local educational
agencies; and
(B) the proposed allocation and use of grant funds
to carry out activities described in subsection (f).
(d) Peer Review Panel.--
(1) Establishment of panel.--The Secretary shall establish
a peer review panel to evaluate applications submitted under
subsection (c) and make recommendations to the Secretary
regarding such applications.
(2) Evaluation of applications.--In making its
recommendations, the peer review panel shall take into account
the purpose of this Act and the application requirements under
subsection (c), including the quality of the proposed pipeline
program described in subsection (c)(2)(A).
(3) Consideration of panel's recommendation.--
(A) In general.--The Secretary may award grants
under this section to eligible partnerships only after
taking into consideration the recommendations of the
peer review panel provided under this subsection.
(B) Explanation.--In any case where the Secretary
decides to not follow the recommendations of the peer
review panel, the Secretary shall provide a written
explanation of the decision to the panel and to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of
the House of Representatives.
(4) Membership of panel.--
(A) In general.--The peer review panel shall
include at a minimum the following members:
(i) One clinical, tenured, or tenure track
faculty member at an institution of higher
education with a current appointment, as of the
time of service on the panel, to teach courses
in the subject area of school counselor
education.
(ii) One clinical, tenured, or tenure track
faculty member at an institution of higher
education with a current appointment, as of the
time of service on the panel, to teach courses
in the subject area of school social worker
education.
(iii) One clinical, tenured, or tenure
track faculty member at an institution of
higher education with a current appointment, as
of the time of service on the panel, to teach
courses in the subject area of school
psychology education.
(iv) One clinical, tenured, or tenure track
faculty member at an institution of higher
education with a current appointment to teach
courses in the subject area of teacher
education.
(v) One individual with expertise in school
counseling who works or has worked in public
schools.
(vi) One individual with expertise in
school social work who works or has worked in
public schools.
(vii) One individual with expertise in
school psychology who works or has worked in
public schools.
(viii) One administrator who works or has
worked for a low-income local educational
agency.
(ix) One qualified and effective teacher
who has substantial experience working for a
low-income local educational agency.
(x) One community mental health provider.
(B) Clinical faculty member.--At least 1 of the
members described in subparagraph (A) shall be a
clinical faculty member.
(e) Award Basis.--In awarding grants under this section, the
Secretary shall--
(1) award the first 5 grants to eligible partnerships from
5 different States; and
(2) give priority to eligible partnerships that--
(A) propose to use the grant funds to carry out the
activities described in paragraphs (1) through (3) of
subsection (f) in schools that have higher numbers or
percentages of low-income students and students not
achieving a proficient level of academic achievement,
as determined by the State, on the annual assessments
required under section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b))) in
comparison to other schools that are served by the low-
income local educational agency that is part of the
eligible partnership;
(B) include 1 or more low-income local educational
agencies that have fewer school-based mental health
services providers, in the aggregate or for a
particular school-based mental health field, per
student than other eligible partnerships;
(C) include 1 or more eligible graduate
institutions that offer the greatest number of graduate
programs in the greatest number of different school-
based mental health fields; and
(D) propose to collaborate with other institutions
of higher education with similar programs, including
sharing facilities, faculty members, and administrative
costs.
(f) Use of Grant Funds.--Grant funds awarded under this section may
be used--
(1) to pay the administrative costs (including supplies,
office and classroom space, supervision, mentoring, and
transportation stipends as necessary and appropriate) related
to--
(A) having graduate students of programs in school-
based mental health fields placed in schools served by
participating low-income local educational agencies to
complete required field work, credit hours,
internships, or related training as applicable for the
degree, license, or credential program of each such
student; and
(B) offering required graduate coursework for
students of a graduate program in a school-based mental
health services field on the site of a participating
low-income local educational agency;
(2) for not more than the first 3 years after a
participating graduate receives a masters or other graduate
degree from a program in a school-based mental health field, or
obtains a State license or credential in a school-based mental
health field, to hire and pay all or part of the salary of the
participating graduates working as a school-based mental health
services provider in a school served by a participating low-
income local educational agency;
(3) to increase the number of school-based mental health
services providers per student in schools served by
participating low-income local educational agencies, in order
to work toward the student support personnel target ratios;
(4) to recruit, hire, and retain culturally or
linguistically under-represented graduate students of programs
in school-based mental health fields for placement in schools
served by participating low-income educational agencies;
(5) to recruit, hire, and pay faculty as necessary to
increase the capacity of a participating eligible graduate
institution to train graduate students in school-based mental
health fields;
(6) to develop coursework that will--
(A) encourage a commitment by graduate students in
school-based mental health fields to work for low-
income local educational agencies;
(B) give participating graduates the knowledge and
skill sets necessary to meet the needs of--
(i) students and families served by low-
income local educational agencies; and
(ii) teachers, administrators, and other
staff who work for low-income local educational
agencies;
(C) enable participating graduates to meet the
unique needs of students at risk of negative
educational outcomes, including students who--
(i) are English language learners;
(ii) have a parent or caregiver who is a
migrant worker;
(iii) have a parent or caregiver who is a
member of the armed forces, including the
National Guard, who has been deployed or
returned from deployment;
(iv) are homeless, including unaccompanied
youth;
(v) have come into contact with the
juvenile justice system or adult criminal
justice system, including students currently or
previously held in juvenile detention
facilities or adult jails and students
currently or previously held in juvenile
correctional facilities or adult prisons;
(vi) have been identified as eligible for
services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) or the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.);
(vii) have been a victim to or witnessed
domestic violence or violence in their
community;
(viii) have been exposed to substance
misuse at home or in the community; or
(ix) are foster care youth, youth aging out
of foster care, or former foster youth; and
(D) utilize best practices determined by the
American School Counselor Association, National
Association of Social Workers, School Social Work
Association of America, and National Association of
School Psychologists and other relevant organizations;
(7) to provide tuition credits to graduate students
participating in the pipeline program;
(8) for student loan forgiveness for participating
graduates who are employed as school-based mental health
services providers by participating low-income local
educational agencies for a minimum of 5 consecutive years; and
(9) for similar activities to fulfill the purpose of this
Act, as the Secretary determines appropriate.
(g) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds available for the activities described in
subsection (f).
(h) Reporting Requirements.--
(1) In general.--Each eligible partnership that receives a
grant under this section shall prepare and submit to the
Secretary an annual report on the progress of the eligible
partnership in carrying out the grant. Such report shall
include a description of--
(A) actual service delivery provided through the
grant funds, including--
(i) characteristics of the participating
eligible graduate institution, including
descriptive information on the educational
model used and the actual academic program
performance;
(ii) characteristics of graduate students
participating in the pipeline program supported
under the grant, including--
(I) performance on any examinations
required by the State for credentialing
or licensing;
(II) demographic characteristics;
and
(III) graduate student retention
rates;
(iii) characteristics of students of the
participating low-income local educational
agency, including performance on any tests
required by the State educational agency,
demographic characteristics, and promotion,
persistence, and graduation rates, as
appropriate;
(iv) an estimate of the annual
implementation costs of the pipeline program;
and
(v) the numbers of students, schools, and
graduate students participating in the pipeline
program;
(B) outcomes that are consistent with the purpose
of the grant program under this Act, including--
(i) internship and post-graduation
placement of the participating graduate
students;
(ii) graduation and professional career
readiness indicators; and
(iii) characteristics of the participating
low-income local educational agency, including
changes in the hiring and retention of
qualified and effective teachers and school-
based mental health services providers;
(C) the instruction, materials, and activities
being funded under the grant; and
(D) the effectiveness of any training and ongoing
professional development provided--
(i) to students and faculty in the
appropriate departments or schools of the
participating eligible graduate institution;
(ii) to the faculty, administration, and
staff of the participating low-income local
educational agency; and
(iii) to the broader community of providers
of social, emotional, behavioral, and related
support to students and to those individuals
who train such providers.
(2) Publication.--The Secretary shall publish the annual
reports submitted under paragraph (1) on the website of the
Department of Education.
(i) Evaluations.--
(1) Interim evaluations.--The Secretary may conduct interim
evaluations to determine whether each eligible partnership
receiving a grant under this section is making adequate
progress as the Secretary considers appropriate. The contents
of the annual report submitted to the Secretary under
subsection (h) may be used by the Secretary to determine
whether an eligible partnership receiving a grant is
demonstrating adequate progress.
(2) Final evaluation.--The Secretary shall conduct a final
evaluation to--
(A) determine the effectiveness of the grant
program in carrying out the purpose of this Act; and
(B) compare the relative effectiveness of each of
the various activities described in subsection (f) for
which grant funds may be used.
(j) Report.--Not earlier than 5 years nor later than 6 years after
the date of enactment of this Act, the Secretary shall submit to
Congress a report containing--
(1) the findings of the evaluation conducted under
subsection (i)(2); and
(2) such recommendations as the Secretary considers
appropriate.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the program under this section,
$200,000,000 for fiscal year 2022 and for each succeeding
fiscal year.
(2) Reservation for evaluation.--From the total amount
appropriated to carry out this section each fiscal year, the
Secretary shall reserve not more than 3 percent for evaluations
under subsection (i).
SEC. 4. STUDENT LOAN FORGIVENESS FOR INDIVIDUALS WHO ARE EMPLOYED FOR 5
OR MORE CONSECUTIVE SCHOOL YEARS AS SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS.
(a) Establishment of Program.--The Secretary shall establish a
program to provide student loan forgiveness for loans issued under
parts B, D, and E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals
who--
(1) are not, and have never been, participants in the grant
program established under section 3; and
(2) have been employed for 5 or more consecutive school
years as school-based mental health services providers by low-
income local educational agencies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the program under this section.
SEC. 5. FUTURE DESIGNATION STUDY.
(a) In General.--The Secretary shall conduct a study to identify a
formula for future designation of regions with a shortage of school-
based mental health services providers to use in implementing grant
programs and other programs such as the programs established under this
Act or for other purposes related to any such designation.
(b) Basis of Formula.--The formula described in subsection (a)
shall be based on the latest available data regarding an area served by
a low-income local educational agency on--
(1) the number of residents under the age of 18 in such
area;
(2) the percentage of the population of such area with
incomes below the poverty line;
(3) the percentage of residents age 18 or older in such
area who have earned secondary school diplomas;
(4) the percentage of students in such area who are
identified as eligible for special education services;
(5) the youth crime rate in such area;
(6) the current number of full-time-equivalent and active
school-based mental health services providers employed by the
low-income local educational agency in such area, in the
aggregate and disaggregated by profession;
(7) the number of students in such area in military
families with parents in the armed forces (including the
National Guard and Reserves) who have been alerted for
deployment, are currently deployed, or have returned from a
deployment in the previous school year; and
(8) such other criteria as the Secretary considers
appropriate.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing
the findings of the study conducted under subsection (a).
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