[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1332

 To amend the Public Health Service Act to revise and extend projects 
  relating to children and violence to provide access to school-based 
                 comprehensive mental health programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2007

 Mr. Reid (for Mr. Kennedy) (for himself, Mr. Domenici, Mr. Dodd, and 
   Mr. Enzi) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to revise and extend projects 
  relating to children and violence to provide access to school-based 
                 comprehensive mental health programs.

    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 ``Mental Health in Schools Act of 
2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Approximately 1 in 5 children have a diagnosable mental 
        disorder.
            (2) Approximately 1 in 10 children have a serious emotional 
        or behavioral disorder that is severe enough to cause 
        substantial impairment in functioning at home, at school, or in 
        the community. It is estimated that about 75 percent of 
        children with emotional and behavioral disorders do not receive 
        specialty mental health services.
            (3) Only half of schools across the United States report 
        having formal partnerships with community mental health 
        providers to deliver mental health services.
            (4) If a school is going to respond to the mental health 
        needs of its students, it must have access to resources that 
        provide family-centered, culturally and linguistically 
        appropriate supports and services.
            (5) Effective school mental health programs reflect the 
        collaboration and commitment of families, students, educators, 
        and other community partners.

SEC. 3. PURPOSES.

    It is the purpose of this Act to--
            (1) revise, increase funding for, and expand the scope of 
        the Safe Schools-Healthy Students program in order to provide 
        access to more comprehensive school-based mental health 
        services and supports; and
            (2) provide for in-service training to all school personnel 
        in--
                    (A) the techniques and supports needed to identify 
                early children with, or at risk of, mental illness;
                    (B) the use of referral mechanisms that effectively 
                link such children to treatment intervention services; 
                and
                    (C) strategies that promote a school-wide positive 
                environment.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Technical Amendments.--The second part G (relating to services 
provided through religious organizations) of title V of the Public 
Health Service Act (42 U.S.C. 290kk et seq.) is amended--
            (1) by redesignating such part as part J; and
            (2) by redesignating sections 581 through 584 as sections 
        596 through 596C, respectively.
    (b) Purpose and Authority.--Subsection (a) of section 581 of the 
Public Health Service Act (42 U.S.C. 290hh(a)) is amended to read as 
follows:
    ``(a) In General.--The Secretary, in collaboration with the 
Secretary of Education and in consultation with the Attorney General, 
shall, directly or through grants, contracts or cooperative agreements 
awarded to public entities and local education agencies, assist local 
communities and schools in applying a public health approach to mental 
health services both in schools and in the community. Such approach 
should provide comprehensive services and supports, be linguistically 
and culturally appropriate, and incorporate strategies of positive 
behavioral interventions and supports. A comprehensive school mental 
health program funded under this section shall assist children in 
dealing with violence.''.
    (c) Activities.--Section 581(b) of the Public Health Service Act 
(42 U.S.C. 290hh(b)) is amended--
            (1) in paragraph (1), by striking ``implement programs'' 
        and inserting ``implement a comprehensive culturally and 
        linguistically appropriate school mental health program that 
        incorporates positive behavioral interventions and supports'';
            (2) in paragraph (3), by inserting ``child and adolescent 
        mental health issues and'' after ``address''; and
            (3) by striking paragraph (4) and inserting the following:
            ``(4) facilitate community partnerships among families, 
        students, law enforcement agencies, education systems, mental 
        health and substance abuse service systems, family-based mental 
        health service systems, welfare agencies, healthcare service 
        systems, and other community-based systems;''.
    (d) Requirements.--Subsection (c) of section 581 of the Public 
Health Service Act (42 U.S.C. 290hh(c)) is amended to read as follows:
    ``(c) Requirements.--
            ``(1) In general.--To be eligible for a grant, contract, or 
        cooperative agreement under subsection (a) an entity shall--
                    ``(A) be a partnership between a local education 
                agency and at least one community program or agency 
                that is involved in mental health; and
                    ``(B) submit an application, that is endorsed by 
                all members of the partnership, that makes the 
                assurances described in paragraph (2).
            ``(2) Required assurances.--An application under paragraph 
        (1) shall assure the following:
                    ``(A) That the applicant will ensure that, in 
                carrying out activities under this section, the local 
                educational agency involved will enter into a 
                memorandum of understanding--
                            ``(i) with, at a minimum, public or private 
                        mental health entities, healthcare entities, 
                        law enforcement or juvenile justice entities, 
                        child welfare agencies, family-based mental 
                        health entities, families and family 
                        organizations, and other community-based 
                        entities; and
                            ``(ii) that clearly states--
                                    ``(I) the responsibilities of each 
                                partner with respect to the activities 
                                to be carried out;
                                    ``(II) how each such partner will 
                                be accountable for carrying out such 
                                responsibilities; and
                                    ``(III) the amount of non-Federal 
                                funding or in-kind contributions that 
                                each such partner will contribute in 
                                order to sustain the program.
                    ``(B) That the comprehensive school-based mental 
                health program carried out under this section support 
                the flexible use of funds to address--
                            ``(i) the promotion of the social, 
                        emotional, and behavioral health of all 
                        students in an environment that is conducive to 
                        learning;
                            ``(ii) the reduction in the likelihood of 
                        at risk students developing social, emotional, 
                        or behavioral health problems;
                            ``(iii) the treatment or referral for 
                        treatment of students with existing social, 
                        emotional, or behavioral health problems;
                            ``(iv) the early identification of social, 
                        emotional, or behavioral problems and the 
                        provision of early intervention services; and
                            ``(v) the development and implementation of 
                        programs to assist children in dealing with 
                        violence.
                    ``(C) That the comprehensive mental health program 
                carried out under this section will provide for 
                culturally and linguistically appropriate in-service 
                training of all school personnel, including ancillary 
                staff and volunteers, in--
                            ``(i) the techniques and support needed to 
                        identify early children with, or at risk of, 
                        mental illness;
                            ``(ii) the use of referral mechanisms that 
                        effectively link such children to treatment 
                        intervention services; and
                            ``(iii) strategies that promote a 
                        schoolwide positive environment, and includes 
                        an on-going training component.
                    ``(D) That the comprehensive school-based mental 
                health programs carried out under this section will 
                demonstrate the measures to be taken to sustain the 
                program after funding under this section terminates.
                    ``(E) That the local education agency partnership 
                involved is supported by the State educational and 
                mental health system to ensure that the sustainability 
                of the programs is established after funding under this 
                section terminates.
                    ``(F) That the comprehensive school-based mental 
                health program carried out under this section is based 
                on evidence-based practices.
                    ``(G) That the comprehensive school-based mental 
                health program carried out under this section is 
                coordinated with early intervening activities carried 
                out under the Individuals with Disabilities Education 
                Act (20 U.S.C. 1400 et seq.).
                    ``(H) That the comprehensive school-based mental 
                health program carried out under this section is 
                culturally and linguistically appropriate.''.
    (e) Duration.--Section 581(e) of the Public Health Service Act (42 
U.S.C. 290hh(e)) is amended--
            (1) by striking ``may not exceed'' and inserting ``shall 
        be''; and
            (2) by adding at the end the following: ``An entity may 
        only receive one award under this section, except that an 
        entity that is providing services and supports on a regional 
        basis may receive additional funding after the expiration of 
        the preceding grant period.''.
    (f) Evaluation.--Subsection (f) of section 581 of the Public Health 
Service Act (42 U.S.C. 290kk(f)) is amended to read as follows:
    ``(f) Evaluation and Measures of Outcomes.--
            ``(1) Development of process.--The Administrator shall 
        develop a process for evaluating activities carried out under 
        this section. Such process shall include--
                    ``(A) the development of guidelines for the 
                submission of program data by such recipients;
                    ``(B) the development of measures of outcomes (in 
                accordance with paragraph (2)) to be applied by such 
                recipients in evaluating programs carried out under 
                this section; and
                    ``(C) the submission of annual reports by such 
                recipients concerning the effectiveness of programs 
                carried out under this section.
            ``(2) Measures of outcomes.--
                    ``(A) In general.--The Administrator shall develop 
                measures of outcomes to be applied by recipients of 
                assistance under this section, and the Administrator, 
                in evaluating the effectiveness of programs carried out 
                under this section. Such measures shall include student 
                and family measures as provided for in subparagraph (B) 
                and local educational measures as provided for under 
                subparagraph (C).
                    ``(B) Student and family measures of outcomes.--The 
                measures of outcomes developed under paragraph (1)(B) 
                relating to students and families shall, with respect 
                to activities carried out under a program under this 
                section, at a minimum include provisions to evaluate--
                            ``(i) whether the program resulted in an 
                        increase in social and emotional competency;
                            ``(ii) whether the program resulted in an 
                        increase in academic competency;
                            ``(iii) whether the program resulted in a 
                        reduction in disruptive and aggressive 
                        behaviors;
                            ``(iv) whether the program resulted in 
                        improved family functioning;
                            ``(v) whether the program resulted in a 
                        reduction in substance abuse;
                            ``(vi) whether the program resulted in a 
                        reduction in suspensions, truancy, expulsions 
                        and violence;
                            ``(vii) whether the program resulted in 
                        increased graduation rates; and
                            ``(viii) whether the program resulted in 
                        improved access to care for mental health 
                        disorders.
                    ``(C) Local educational outcomes.--The outcome 
                measures developed under paragraph (1)(B) relating to 
                local educational systems shall, with respect to 
                activities carried out under a program under this 
                section, at a minimum include provisions to evaluate--
                            ``(i) the effectiveness of comprehensive 
                        school mental health programs established under 
                        this section;
                            ``(ii) the effectiveness of formal 
                        partnership linkages among child and family 
                        serving institutions, community support 
                        systems, and the educational system;
                            ``(iii) the progress made in sustaining the 
                        program once funding under the grant has 
                        expired; and
                            ``(iv) the effectiveness of training and 
                        professional development programs for all 
                        school personnel that incorporate indicators 
                        that measure cultural and linguistic 
                        competencies under the program in a manner that 
                        incorporates appropriate cultural and 
                        linguistic training.
            ``(3) Submission of annual data.--An entity that receives a 
        grant, contract, or cooperative agreement under this section 
        shall annually submit to the Administrator a report that 
        include data to evaluate the success of the program carried out 
        by the entity based on whether such program is achieving the 
        purposes of the program. Such reports shall utilize the 
        measures of outcomes under paragraph (2) in a reasonable manner 
        to demonstrate the progress of the program in achieving such 
        purposes.
            ``(4) Evaluation by administrator.--Based on the data 
        submitted under paragraph (3), the Administrator shall annually 
        submit to Congress a report concerning the results and 
        effectiveness of the programs carried out with assistance 
        received under this section.''.
    (g) Authorization of Appropriations and Amount of Grants.--
Subsection (h) of section 581 of the Public Health Service Act (42 
U.S.C. 290hh(h)) is amended to read as follows:
    ``(h) Amount of Grants and Authorization of Appropriations.--
            ``(1) Amount of grants.--A grant under this section shall 
        be in an amount that is not more than $1,000,000 for each of 
        grant years 2008 through 2012. The Secretary shall determine 
        the amount of each such grant based on the population of 
        children between the ages of 0 to 21 of the area to be served 
        under the grant.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section, $200,000,000 for 
        each of fiscal years 2008 through 2012.''.
    (h) Conforming Amendments.--Part G of title V of the Public Health 
Service Act (42 U.S.C. 290hh et seq.), as amended by this section, is 
further amended--
            (1) by striking the part heading and inserting the 
        following:

             ``PART VII--SCHOOL-BASED MENTAL HEALTH''; and

            (2) in section 581, by striking the section heading and 
        inserting the following:

``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.''.

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