[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7108 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7108
To support States and high-need local educational agencies in
increasing the number of mental health services providers in schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Ms. DeLauro (for herself, Mr. Fitzpatrick, and Mrs. Hayes) introduced
the following bill; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
A BILL
To support States and high-need local educational agencies in
increasing the number of mental health services providers in schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Expanding Access
to Mental Health Services in Schools Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. School-based mental health services grant program.
Sec. 5. Rule.
SEC. 2. PURPOSES.
The purpose of this Act is to increase the number of school-based
mental health services providers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible agency.--The term ``eligible agency'' means--
(A) a high-need local educational agency;
(B) an educational service agency acting on behalf
of 1 or more high-need local educational agencies; or
(C) a State educational agency.
(2) ESEA definitions.--The terms ``child with a
disability'', ``educational service agency'', ``elementary
school'', ``English learner'', ``evidence-based'',
``institution of higher education'', ``local educational
agency'', ``other staff'', ``outlying area'',
``paraprofessional'', ``professional development'', ``school
leader'', ``secondary school'', ``specialized instructional
support personnel'', ``Secretary'', ``State'', and ``State
educational agency'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(3) High-need local educational agency.--The term ``high-
need local educational agency'' means a local education agency
that, as the date of application for this Act--
(A) is among the highest 15 percent of all local
educational agencies in the State, as determined by the
Secretary, based on either--
(i) the number of children in each such
agency counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)); or
(ii) the percentage of children in each
such agency counted under section 1124(c) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6333(c)); and
(B) does not meet at least two of the following:
(i) A ratio of 1 full-time equivalent
school counselor for every 250 students.
(ii) A ratio of 1 full-time equivalent
school psychologist for every 500 students.
(iii) A ratio of 1 full-time equivalent
school social worker for every 250 students.
(4) ISDA definitions.--The term ``Indian Tribe'' means any
indian tribe identified as such by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a-1).
(5) 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).
SEC. 4. SCHOOL-BASED MENTAL HEALTH SERVICES GRANT PROGRAM.
(a) Purpose.--The purpose of this section is to increase the number
of school-based mental health professionals by supporting high-need
local educational agencies in recruiting, hiring, retaining, and
diversifying school-based mental health services providers to expand
access to school-based mental health services for students enrolled in
elementary schools and secondary schools served by such agencies.
(b) Authorization of Grants.--
(1) In general.--From amounts made available under
subsection (g) and after making the reservations described in
paragraph (2), the Secretary shall award grants, on a
competitive basis, to eligible agencies, in accordance with
this section.
(2) Reservations.--From the total amount made available
under subsection (g) for a fiscal year, the Secretary shall--
(A) reserve not more than 2 percent of such amount
for program administration, technical assistance, and
data collection;
(B) reserve 1 percent for the Secretary of the
Interior for schools operated or funded by the Bureau
of Indian Education, in accordance with the purpose of
this section; and
(C) reserve 1 percent for allotments for payments
to the outlying areas, to be distributed among those
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this section.
(3) Duration and renewals.--
(A) Duration.--A grant awarded under this section
shall be for a period of not more than 5 years.
(B) Renewal.--The Secretary may renew a grant
awarded under this section for a period of not more
than 2 years.
(4) Diversity of projects.--
(A) In general.--In awarding grants under paragraph
(1), the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible
agencies that will serve geographically diverse areas,
including urban, suburban, and rural areas.
(B) Local educational agencies.--In awarding grants
under paragraph (1), the Secretary shall ensure that
not less than 50 percent of the amounts made available
under subsection (g) that remain after making
reservations under paragraph (2) are awarded to high-
quality applications submitted by high-need local
educational agencies identified in clauses (i) and (ii)
of section 3(3)(A).
(5) Sufficient size and scope.--Each grant awarded under
paragraph (1) shall be of sufficient size and scope to allow
the eligible agency receiving the grant to carry out the
purpose of this section.
(c) Application.--An eligible agency applying for a grant under
subsection (b)(1) shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, which may include--
(1) a description of the prevalent mental health or
substance use and misuse concerns facing students enrolled in
schools served by participating high-need local educational
agencies;
(2) a description of current shortage of school-based
mental health services providers, including lack of diversity,
if applicable, in high-need local educational agencies that
will be served under the grant;
(3) a description of the applicant's plan to support
recruiting, hiring, retaining, or diversifying school-based
mental health services providers in high-need local educational
agencies to be served under the grant; and
(4) an assurance that any school-based mental health
services provider, including any provider offering telehealth
services, provides services in a manner consistent with section
444 of the General Education Provisions Act (20 U.S.C. 1232g;
commonly known as the ``Family Educational Rights and Privacy
Act of 1974'') and the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), as well as all applicable
Federal, State, and local laws.
(d) Use of Funds.--An eligible agency that receives a grant under
subsection (b)(1) shall use such funds to carry out one or more of the
following:
(1) Hiring school-based mental health services providers
to--
(A) provide school-based mental health services to
students enrolled in schools served by high-need local
educational agencies; and
(B) implement evidence-based practices to improve
school climate to support positive student mental
health.
(2) Implementing strategies to recruit school-based mental
health services providers in high-need local educational
agencies to help mitigate shortages of such providers, such
as--
(A) salary stipends;
(B) relocation benefits;
(C) student loan repayment; or
(D) other financial incentives.
(3) Implementing strategies to retain school-based mental
health services providers in high-need local educational
agencies, which may include--
(A) providing incentives described in paragraph
(2); or
(B) providing ongoing professional development,
induction, mentorship, or peer support for school-based
mental health services providers.
(e) Rules.--
(1) Matching requirement.--Eligible agencies who receive a
grant under this Act must contribute non-Federal matching funds
to the amount of not less than 25 percent of the project
budget.
(2) Supplement, not supplant.--Funds made available under
this Act shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
described under this Act.
(3) Disaggregation of data.--Disaggregation of data
required under this section shall not be required when the
number is insufficient to yield statistically reliable
information or the results would reveal personally identifiable
information about an individual.
(f) Reporting Requirements.--Each eligible agency that receives a
grant under subsection (b)(1) shall submit a report to the Secretary on
an annual basis and publish such report in a clear and easily
accessible format on the website of the eligible agency. Such report
shall contain any information required by the Secretary and, at a
minimum, the following:
(1) The number of school-based mental health services
providers employed by high-need local educational agencies
served under the grant and any increases from the prior year,
disaggregated by--
(A) the number of each type of such providers who
was recruited, hired, or retained, with support under
this grant; and
(B) the demographics of such providers.
(2) The ratio of students to school-based mental health
services providers in high-need local educational agencies
served under the grant and the extent to which such ratio has
decreased since the start of the grant period.
(3) The reduction in the annual attrition rate of school-
based mental health services providers employed by high-need
local educational agencies served under the grant, and the
extent to which such attrition rate has decreased since the
start of the grant period.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2025 through 2029.
SEC. 5. RULE.
The requirements of section 4001 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7101) shall apply to a State
educational agency, local educational agency, or other entity receiving
a grant or subgrant under this Act in the same manner as those
requirements apply to an entity receiving an award under title IV of
such Act.
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