Higher Education Mental Health Act of 2023
This bill requires the Department of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education.
The commission must conduct a study and report on
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1665 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1665
To authorize the Secretary of Education to establish an Advisory
Commission on Serving and Supporting Students with Mental Health
Disabilities in Institutions of Higher Education, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Casey (for himself, Mr. Kaine, Ms. Smith, Mr. Blumenthal, Ms.
Klobuchar, Mr. Padilla, Mr. Wyden, Mr. Van Hollen, Mr. Murphy, Ms.
Baldwin, Mr. Merkley, and Mr. Fetterman) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Education to establish an Advisory
Commission on Serving and Supporting Students with Mental Health
Disabilities in Institutions of Higher Education, and for other
purposes.
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 ``Higher Education Mental Health Act
of 2023''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) More than 75 percent of mental health conditions begin
before the age of 24.
(2) More than 25 percent of students between the ages of 18
and 24 reported a mental health concern.
(3) More than 50 percent of students between the ages of 18
and 24 reported having a severe psychological problem.
(4) More than 50 percent of students between the ages of 18
and 24 reported feelings of hopelessness.
(5) Higher education counseling centers are devoting more
time to rapid-response treatment with more than 25 percent of
students who sought help reporting they had intentionally hurt
themselves.
(6) Over a 5-year period, counseling center utilization
increased by an average of 30 to 40 percent, while enrollment
increased by only 5 percent, forcing institutions to stretch
mental health services to more students without increasing
resources.
(b) Purposes.--The purposes of this Act are the following:
(1) To ensure States and institutions of higher education
are provided with accurate information on the mental health
concerns facing students.
(2) To provide detailed recommendations that institutions
of higher education, States, and the Federal Government can
take to improve the mental health services available to
students and properly treat the rising number of students with
mental health issues.
SEC. 3. ADVISORY COMMISSION ON SERVING AND SUPPORTING STUDENTS WITH
MENTAL HEALTH DISABILITIES IN INSTITUTIONS OF HIGHER
EDUCATION.
(a) In General.--The Secretary of Education shall establish a
commission to be known as the Advisory Commission on Serving and
Supporting Students with Mental Health Disabilities in Institutions of
Higher Education (referred to in this section as the ``Commission'').
(b) Membership.--
(1) Total number of members.--The Commission shall include
not more than 20 members, who shall be appointed by the
Secretary of Education in accordance with paragraphs (2) and
(3).
(2) Members of the commission.--The Commission shall
include 1 representative from each of the following:
(A) The Office of Postsecondary Education of the
Department of Education.
(B) The Office of Special Education and
Rehabilitative Services of the Department of Education.
(C) The Office for Civil Rights of the Department
of Education.
(D) The Office for Civil Rights of the Department
of Justice.
(E) The National Council on Disability.
(F) A membership association for administrative and
personnel professionals focused on creating an
inclusive higher education environment for individuals
with disabilities, as determined by the Secretary of
Education.
(G) An organization that represents the Protection
and Advocacy for Individuals with Mental Illness
program.
(H) An organization operated by and representing
secondary and postsecondary education students with
mental health disabilities advocating for mental health
services and suicide prevention.
(I) An organization representing counseling
directors at institutions of higher education.
(3) Additional members of the commission.--In addition to
the members included under paragraph (2), the Commission shall
include the following:
(A) Four members from leadership of institutions of
higher education who have demonstrated experience in
successfully supporting the retention and graduation of
students with mental health disabilities, including
from counseling and psychiatric services staff. With
respect to such 4 members, 1 member shall be a staff
member of a 2-year degree-granting institution of
higher education, 1 member shall be a staff member from
a 4-year degree-granting institution of higher
education, 1 member shall be a member of campus law
enforcement, and 1 member shall serve as a general
counsel. Such 4 members shall represent institutions of
differing sizes.
(B) Three members from family members of
individuals who are--
(i) enrolled in an institution of higher
education on the date such family member is
appointed to the Commission; or
(ii) former students with a mental health
disability.
(C) Four members from individuals with mental
health disabilities, including not less than 2
individuals enrolled in an institution of higher
education on the date of appointment to the Commission.
Any remaining member shall be an individual with a
mental health disability who has attended an
institution of higher education.
(4) Timing.--The Secretary of Education shall establish the
Commission and appoint the members of the Commission not later
than 60 days after the date of enactment of this Act.
(c) Chairperson and Vice Chairperson.--The Commission shall select
a chairperson and vice chairperson from among the members of the
Commission. Either the chairperson or the vice chairperson shall be a
student or former student with a mental health disability.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairperson, but not less often than 8 times.
(2) First meeting.--Not later than 60 days after the
appointment of the members of the Commission under subsection
(b), the Commission shall hold the Commission's first meeting.
(e) Duties.--The Commission shall conduct a study, using the
highest quality and most representative data and research available,
and prepare a report for the Secretary of Education that includes the
following:
(1) Findings from stakeholders, including through
solicitation of public testimony, related to the challenges
faced by students with mental health disabilities in
institutions of higher education, including--
(A) the services available to students with mental
health disabilities in institutions of higher education
and their effectiveness in supporting these students;
(B) the impact of policies and procedures that help
or hinder the goal of providing equal opportunity for
students with mental health disabilities, such as
reasonable accommodation policies, mandatory and
voluntary leave policies, and disciplinary policies;
(C) the use of protected health information of
students with mental health disabilities by
institutions of higher education, including the extent
to which campus-based mental health providers share
this information with institution officials without
student consent; and
(D) the impact of providing mental health services
on a student's academic performance, well-being, and
ability to complete postsecondary education.
(2) Conclusions on the major challenges facing students
with mental health disabilities in institutions of higher
education.
(3) Recommendations to improve the overall education, and
retention and graduation, of students with mental health
disabilities in institutions of higher education, with the goal
of helping these students access educational opportunities
equal to those of their non-disabled peers.
(f) Commission Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
not receive compensation for the performance of services for
the Commission, but shall be allowed reasonable travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission. Notwithstanding section 1342 of
title 31, United States Code, the Secretary of Education may
accept the voluntary and uncompensated services of members of
the Commission.
(2) Staff.--The Secretary of Education may designate such
personnel as may be necessary to enable the Commission to
perform its duties.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption of
loss of civil service status or privilege.
(4) Facilities, equipment, and services.--The Secretary of
Education shall make available to the Commission, under such
arrangements as may be appropriate, necessary equipment,
supplies, and services.
(g) Reports.--
(1) Interim and final reports.--The Commission shall
prepare and submit to the Secretary of Education, as well as
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives--
(A) an interim report that summarizes the progress
of the Commission, along with any interim findings,
conclusions, and recommendations as described in
subsection (e); and
(B) a final report that states final findings,
conclusions, and recommendations as described in such
subsection.
(2) Preparation and submission.--The reports described in
paragraph (1) shall be prepared and submitted--
(A) in the case of the interim report, not later
than 1 year after the date on which all the members of
the Commission are appointed; and
(B) in the case of the final report, not later than
2 years after the date on which all the members of the
Commission are appointed.
(h) Termination.--The Commission shall terminate on the day after
the date on which the Commission submits the final report under
subsection (g).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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