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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8524 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8524
To effectively staff the high-need public elementary schools and
secondary schools of the United States with school-based mental health
services providers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2024
Ms. Clark of Massachusetts (for herself, Mrs. Hayes, Mr. Lieu, Ms.
Sanchez, and Ms. Underwood) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To effectively staff the high-need public elementary schools and
secondary schools of the United States with school-based mental health
services providers.
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 ``Elementary and Secondary School
Counseling Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One in 5 children ages 13 through 18 has, or will have,
a serious mental illness.
(2) 11 percent of youth have a mood disorder, 10 percent of
youth have a behavior or conduct disorder, and 8 percent of
youth have an anxiety disorder.
(3) 50 percent of all lifetime cases of mental illness
begin by age 14. 37 percent of students with a mental health
condition age 14 and older drop out of school, which is the
highest school dropout rate of any disability group.
(4) 70 percent of youth in State and local juvenile systems
have a mental illness.
(5) Youth with access to mental health services in school-
based health centers are 10 times more likely to seek care for
mental health or substance abuse than youth without access.
(6) The leading counseling, guidance, and mental health
organizations, including the American School Counselor
Association, the National Association of School Psychologists,
the National Association of Social Workers, and the School
Social Work Association of America, recommend that schools
maintain--
(A) a maximum student to school counselor ratio of
250 to 1;
(B) a maximum student to school psychologist ratio
of 500 to 1; and
(C) a maximum student to school social worker ratio
of 250 to 1.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', ``secondary school'', ``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).
(2) High-need school.--The term ``high-need school'' has
the meaning given the term in section 2211(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
(3) Outlying area.--The term ``outlying area'' means an
outlying area specified in section 8101(36)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(36)(A)).
(4) School-based mental health services provider.--The term
``school-based mental health services provider'' includes a
State-licensed or State certified school counselor, school
psychologist, school social worker, community-based mental
health provider organization, or other State licensed or
certified mental health professional qualified under State law
to provide mental health services to children and adolescents.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANTS AND SUBGRANTS TO INCREASE ACCESS TO SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS AT HIGH-NEED SCHOOLS.
(a) Reservations and Grants.--
(1) Reservations.--From the total amount made available
under section 5 for a fiscal year, the Secretary shall
reserve--
(A) one-half of 1 percent for the Secretary of the
Interior for the activities described in subsection
(e)(1) in schools operated or funded by the Bureau of
Indian Education;
(B) one-half of 1 percent for allotments for the
outlying areas to be distributed among the outlying
areas on the basis of their relative need for
assistance in carrying out the activities described in
subsection (e)(1), as determined by the Secretary; and
(C) not more than 2 percent for the administration
of this Act, and to provide technical assistance
relating to this Act.
(2) Grants.--
(A) In general.--From the total amount made
available under section 5 for a fiscal year and
remaining after funds are reserved under paragraph (1)
of this subsection, the Secretary shall award grants to
States in accordance with subparagraph (B) to enable
the States to award subgrants to local educational
agencies in order to increase access to school-based
mental health services providers at high-need schools
served by the local educational agencies.
(B) Formula.--Subject to subparagraph (C), the
Secretary shall award a grant to each State with an
approved application under subsection (d) in an amount
that bears the same relationship to the remaining
amount described in subparagraph (A) as the amount such
State received under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), as determined on the basis of the
most recent fiscal year for which data are available,
bears to the amount received under such part (20 U.S.C.
6311 et seq.) by all States with such an approved
application, as so determined.
(C) Small state minimum.--No State receiving a
grant under this paragraph shall receive less than one-
half of 1 percent of the total grant amount awarded
under this paragraph.
(b) Duration.--An allotment 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 on meeting the goals of the allotment, as
determined by the Secretary.
(c) Matching Requirements.--In order to receive a grant under this
Act, a State shall agree to provide matching funds, in an amount equal
to 20 percent of the amount of the grant amount, toward the costs of
the activities carried out under the grant.
(d) Application.--For any State desiring to receive a grant under
this Act, the State educational agency shall submit an application at
such time, in such manner, and containing such information as the
Secretary may require. Each application shall include, at a minimum--
(1) an assurance that the State will use the allotment only
for the activities described in subsection (e)(1);
(2) a description of how the State will award subgrants to
local educational agencies under subsection (e);
(3) a description of how the State will disseminate, in a
timely manner, information regarding the subgrants and the
application process for such subgrants to local educational
agencies; and
(4) the ratios, as of the date of application, of students
to school-based mental health services providers in each public
elementary school and secondary school in the State, in the
aggregate and disaggregated to include--
(A) the ratios of students to school counselors,
school psychologists, and school social workers; and
(B) as applicable, the ratios of students to other
school-based mental health services providers not
described in subparagraph (A), in the aggregate and
disaggregated by type of provider.
(e) Subgrants.--
(1) In general.--A State receiving a grant under this Act
shall use such grant to award subgrants, on a competitive
basis, to local educational agencies in the State, to enable
the local educational agencies to--
(A) recruit and retain school-based mental health
services providers or contract with community mental
health centers to work at high-need schools served by
the local educational agency; and
(B) work toward effectively staffing the high-need
schools served by the local educational agency with
school-based mental health services providers,
including by meeting the recommended maximum ratios
of--
(i) 250 students per school counselor;
(ii) 500 students per school psychologist;
and
(iii) 250 students per school social
worker.
(2) Priority.--In awarding subgrants under this subsection,
a State shall give priority to local educational agencies that
serve a significant number of high-need schools.
(3) Application.--A local educational agency desiring a
subgrant under this subsection shall submit an application to
the applicable State at such time, in such manner, and
containing such information as the State may require, including
information on how the local educational agency will prioritize
assisting high-need schools with the largest numbers or
percentages of students from low-income families.
(f) Allotment and Subgrant Requirements.--
(1) Supplement, not supplant.--Amounts provided as a grant
to a State or as a subgrant to a local educational agency under
this section shall supplement, and not supplant, any other
funds available to such State or local educational agency for
school-based mental health services.
(2) Combining funds allowed.--A State receiving a grant
under this section may combine funds made available under this
section with State or local funds to carry out the activities
described in subsection (e)(1).
(g) Reports.--
(1) Local educational agencies.--A local educational agency
that receives a subgrant under this section shall submit an
annual report to the State that awarded such subgrant on the
activities carried out with the subgrant funds. Each such
report shall--
(A) describe the activities carried out using
subgrant funds;
(B) enumerate the number of school-based mental
health services providers (in the aggregate and
disaggregated by each type of provider listed in
subsection (d)(4)) who--
(i) were employed by or otherwise served in
high-need public elementary and secondary
schools under the jurisdiction of the local
educational agency for the year covered by the
report; and
(ii) were supported with funds from the
subgrant or matching funds during such year;
and
(C) include the most recent student to school-based
mental health services provider ratios listed in
subsection (d)(4) for each high-need school under the
jurisdiction of the local educational agency that was
supported with the subgrant.
(2) State educational agencies.--A State receiving a grant
under this section shall annually prepare and submit a report
to the Secretary that--
(A) evaluates the progress made in achieving the
recommended maximum student to school-based mental
health services provider ratios described in subsection
(e)(1)(B);
(B) includes the most recent student to provider
ratios, in the aggregate and disaggregated as provided
in subsection (d)(4), for public elementary schools and
secondary schools in the State that were assisted with
such allotment; and
(C) describes any other resources needed to meet
the recommended maximum student to school-based mental
health services provider ratios described in subsection
(e)(1)(B).
(3) Public availability.--The Secretary shall--
(A) submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, each report received under paragraph (2);
and
(B) make such reports available to the public,
including through the website of the Department of
Education.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $5,000,000,000 for fiscal year 2025; and
(2) such sums as may be necessary for each succeeding
fiscal year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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