No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7489 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7489
To increase the recruitment and retention of school-based mental health
services providers by low-income local educational agencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 29, 2024
Ms. Chu (for herself, Mr. Fitzpatrick, Ms. Brown, Mr. Panetta, Mr.
Grijalva, Ms. Dean of Pennsylvania, Mr. Soto, Mr. Courtney, Ms.
Pingree, Mr. DeSaulnier, Mr. Lynch, Mrs. Napolitano, Mr. Kildee, Mr.
Garcia of Illinois, Ms. Tokuda, Ms. Kuster, Mr. Bacon, Mr. Payne, Mr.
Thompson of Mississippi, Ms. McClellan, Ms. Craig, Mrs. Cherfilus-
McCormick, Mr. Krishnamoorthi, Mr. Trone, Mrs. Hayes, Ms. Strickland,
Mrs. Ramirez, Mr. Thanedar, and Ms. Lee of California) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
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.--
(A) In general.--The term ``local educational
agency'' means a public board of education or other
public authority legally constituted within a State for
either administrative control or direction of, or to
perform a service function for, public elementary
schools or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a combination of
school districts or counties that is recognized in a
State as an administrative agency for its public
elementary schools or secondary schools.
(B) Administrative control and direction.--The term
includes any other public institution or agency having
administrative control and direction of a public
elementary school or secondary school.
(C) Bureau of indian education schools.--The term
includes an elementary school or secondary school
funded by the Bureau of Indian Education but only to
the extent that including the school makes the school
eligible for programs for which specific eligibility is
not provided to the school in another provision of law
and the school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that the
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Education.
(D) Educational service agencies.--The term
includes educational service agencies and consortia of
those agencies.
(E) State educational agency.--The term includes
the State educational agency in a State in which the
State educational agency is the sole educational agency
for all public schools.
(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 500 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
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 the
Workforce 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 under 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; and
(8) 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 by 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 REPAYMENT FOR SCHOOL-BASED MENTAL HEALTH SERVICES
PROVIDERS.
(a) Establishment of Program.--The Secretary shall establish and
carry out a program to provide repayment of student loans made,
insured, or guaranteed 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 are employed by low-income local
educational agencies as school-based mental health services providers.
(b) Agreement.--In carrying out subsection (a), the Secretary shall
enter into agreements with individuals to make payments in accordance
with this section on the principal of, and interest on, any eligible
loan and the individuals agree to complete a 5-year period of
consecutive employment by a low-income local educational agency as a
school-based mental health services provider and facilitate
verification of such employment annually by the Secretary.
(c) Eligible Individual.--In order to be eligible under this
section, an individual shall--
(1) be a recent graduate of an institution of higher
education or a mid-career professional newly embarking on a
career as a school-based mental health provider; and
(2) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(d) Eligible Loans.--The loans eligible for repayment under this
section include the following:
(1) Any Federal Family Education Loan under part B of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.).
(2) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)).
(3) Any Federal Perkins Loan under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(4) Any other Federal loan made, insured, or guaranteed
under part B, D, or 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.).
(e) Payments.--
(1) In general.--The Secretary shall pay--
(A) for each of the first 4 consecutive school
years of employment as a school-based mental health
services provider by a low-income local educational
agency completed, \1/5\ of the principal of, and
interest on, each eligible loan of the individual which
is outstanding on the date the individual began such
employment; and
(B) for the 5th consecutive year of such employment
completed, the remainder of such principal and
interest.
(2) Maximum aggregate.--The total amount of payments under
this section to any individual shall not exceed $200,000 in the
aggregate.
(3) Limitation.--The failure by an individual to complete
the full period of employment obligated pursuant to an
agreement under subsection (b), taken alone, shall not
constitute a breach of the agreement, so long as the individual
completed in good faith any year or years of employment for
which payments were made to the individual under paragraph (1).
An individual who fails to complete the full period of
employment obligated pursuant to an agreement under subsection
(b) shall not be asked or required to pay back a payment
received under such paragraph solely due to such failure.
(f) Additional Eligibility Provisions.--
(1) Continued eligibility.--Any individual who is employed
by a local educational agency that meets the requirements of
section 2(6) in the 1st year of the 5-year period of
consecutive employment required under this section, but in a
subsequent year fails to meet such requirements, may continue
employment by such local educational agency and shall be
eligible for loan repayment under this section.
(2) Double benefits.--A borrower may, for the same
employment, receive a benefit under both this section and the
public service loan forgiveness program under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)). Each
year of receipt of a benefit under this section shall be
considered 12 months of payments for the purposes of such
public service loan forgiveness program.
(3) Reconsideration.--In any case where the Secretary has
determined that a recipient of assistance under this section
has failed or refused to comply with the employment obligation
in the agreement under subsection (b), the recipient may
request that the Secretary reconsider such initial
determination and may submit additional information to
demonstrate satisfaction of the employment obligation. Upon
receipt of such a request, the Secretary shall reconsider the
determination in accordance with this paragraph not later than
90 days after the date that such request was received.
(g) Directory.--The Secretary shall maintain a directory that lists
the local educational agencies that meet the requirements of section
2(6).
(h) 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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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