[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3800 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3800

To establish an Office of Specialized Instructional Support Services in 
the Department of Education and to provide grants to State educational 
                agencies to reduce barriers to learning.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2009

  Mr. Loebsack (for himself, Ms. Shea-Porter, Mr. Braley of Iowa, Mr. 
   Boswell, Mr. Kennedy, Mr. Langevin, Ms. McCollum, Mr. Sires, Mr. 
  Courtney, and Mr. Waxman) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To establish an Office of Specialized Instructional Support Services in 
the Department of Education and to provide grants to State educational 
                agencies to reduce barriers to learning.

    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 ``Reducing Barriers to Learning Act of 
2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Interventions to increase students' bonding to school 
        promote academic success by reducing barriers to learning.
            (2) Interventions that foster students' engagement in 
        school have been shown to reduce high school dropout rates.
            (3) Interventions that strengthen students' social, 
        emotional, and decisionmaking skills also positively impact 
        their academic achievement, both in terms of higher 
        standardized test scores and better grades.
            (4) Prevention and early intervention programs that target 
        elementary school-aged students who are academically and 
        socially at risk have been shown to produce declines in special 
        education referrals and placement, suspension, grade retention, 
        and disciplinary referrals.
            (5) Students with barriers to learning, such as low levels 
        of resilience assets (such as high expectations and caring 
        relationships at school), have lower levels of academic 
        achievement both in low- and high-performing schools.
            (6) Increasing students' engagement and sense of community 
        in the school produces reductions in problem behaviors, 
        increased associations with prosocial peers, and better 
        academic performance.
            (7) School mental health programs improve educational 
        outcomes by decreasing absences and discipline referrals and 
        improving test scores.
            (8) Students who receive social-emotional support and 
        prevention services achieve better academically in school.
            (9) While it is well recognized that mental health directly 
        affects children's learning and development, in a recent study 
        one-third of school districts reported decreased funding for 
        school mental health services at the same time that two-thirds 
        reported increased need for such services.
            (10) School counseling programs are essential for students 
        to achieve optimal personal growth, acquire positive social 
        skills and values, set appropriate career goals, and realize 
        full academic potential to become productive, contributing 
        members of the world community.
            (11) Seventy percent of children receiving services from 
        speech-language pathologists make progress in emergent literacy 
        skills, and 75 percent make progress in word recognition, an 
        important component of literacy skills; over two-thirds of 
        classroom teachers report that students receiving these 
        services show improved reading skills in the classroom.
            (12) Use of creative arts therapies (including art therapy, 
        dance/movement therapy, and music therapy) promote learning and 
        skill acquisition (including enhanced literacy skills), 
        increased attention, improved behavior, increased 
        socialization, improved receptive/expressive language, self-
        expression, and a more positive attitude for learning.
            (13) Ninety-seven percent of children in the United States 
        spend their days at school. Therefore, the school can be an 
        important site where health and education risks (such as 
        depression, absenteeism, and substance use) may be identified 
        and timely interventions initiated.
            (14) Whole-school interventions using positive behavior 
        support have been shown to decrease behavior problems while 
        improving academic performance, as measured by standardized 
        tests in reading and mathematics.
            (15) Branches of Federal agencies need to re-evaluate 
        policies aimed at enhancing school-based mental health and 
        become more proactive in providing leadership to achieve 
        integrated, collaborative, and effective programs aimed at 
        improving the mental health of America's children.
            (16) Twenty percent of the 53 million children attending 
        school in the United States will, at some point, meet the 
        criteria for a diagnosable mental illness at a level of 
        impairment that requires some type of intervention. Thus, there 
        is the potential that over 10 million children will need some 
        type of help to meet the goals relating to emotional well-being 
        in the No Child Left Behind Act of 2001.
            (17) More than three-quarters of schools have a coordinator 
        of mental health and social services in the school; nearly two-
        thirds of school districts have a coordinator who serves this 
        role; and one-half of the States have a coordinator of school 
        mental health and social services. However, there is currently 
        no person responsible for overseeing or promoting these 
        services and supports in the Department of Education.

SEC. 3. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.

    (a) In General.--The Department of Education Organization Act (20 
U.S.C. 3401 et seq.) is amended by redesignating sections 219 and 220 
as sections 220 and 221, respectively, and by inserting after section 
218 the following new section:

``SEC. 219. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.

    ``(a) Establishment.--There shall be, in the Department, an Office 
of Specialized Instructional Support Services (referred to in this 
section as the `Office').
    ``(b) Director.--
            ``(1) Appointment and reporting.--The Office shall be under 
        the direction of the Director of Specialized Instructional 
        Support Services who shall be appointed by the Secretary and 
        who shall report directly to the Deputy Secretary.
            ``(2) Functions.--The Director of Specialized Instructional 
        Support Services, through the Office, shall carry out the 
        following activities:
                    ``(A) Improve specialized instructional support 
                services in schools in order to better address barriers 
                to student learning and improve academic achievement 
                and educational results for students.
                    ``(B) Identify scientifically based practices in 
                specialized instructional support services that 
                effectively address barriers to education and improve 
                both academic achievement and educational results for 
                students.
                    ``(C) Provide continuous training and professional 
                development opportunities for specialized instructional 
                support services personnel and other personnel in the 
                use of effective techniques to address academic, 
                behavioral, and functional needs.
                    ``(D) Provide technical assistance to State 
                specialized instructional support coordinators, if any, 
                as well as to local and State educational agencies in 
                the provision of effective, scientifically based 
                specialized instructional support services.
                    ``(E) Coordinate specialized instructional support 
                services programs and services in schools between the 
                Department and other Federal agencies, as 
                appropriate.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by redesignating the items relating to sections 219 and 220 as 
relating to sections 220 and 221, respectively, and by inserting after 
the item relating to section 218 the following new item:

``Sec. 219. Office of Specialized Instructional Support Services.''.

SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES TO REDUCE BARRIERS TO 
              LEARNING.

    (a) In General.--Title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I 
as part J and by inserting after part H the following new part:

                 ``PART I--REDUCED BARRIERS TO LEARNING

``SEC. 1901. PURPOSES.

    ``The purposes of this part are--
            ``(1) to build the capacity of States to identify and 
        respond to the need for specialized instructional support 
        services at the district level in order to promote student 
        success for all students;
            ``(2) to promote comprehensive and coordinated delivery of 
        services within and across Federal, State, and local 
        educational agencies and in collaboration with available 
        community agencies supports and services;
            ``(3) to promote evidenced-based practices that have 
        demonstrated effectiveness in reducing barriers to learning and 
        improving student outcomes;
            ``(4) to monitor the access, use, availability, and 
        adequacy of resources, services, and personnel designed to 
        specifically address barriers to learning at the district and 
        individual school level;
            ``(5) to assist in the recruitment, retention, and adequate 
        staffing of specialized instructional support services to meet 
        the needs of students experiencing barriers to learning at the 
        district and individual school level; and
            ``(6) to improve shared accountability for student outcomes 
        by all school personnel.

``SEC. 1902. GRANTS TO STATE EDUCATIONAL AGENCIES.

    ``(a) Grants.--
            ``(1) In general.--The Secretary may award competitive 
        grants under this part to State educational agencies--
                    ``(A) to establish or expand specialized 
                instructional support services and programs at the 
                State level that are designed to provide technical 
                assistance, and coordinate and support specialized 
                instructional support services and programs, for the 
                purpose of addressing barriers to learning within local 
                educational agencies and individual schools; and
                    ``(B) to hire and support specialized instructional 
                support services coordinators to provide such 
                assistance, coordination, and support.
            ``(2) Barriers to learning.--For purposes of this part, the 
        term `barriers to learning' include any social, emotional, 
        behavioral, physical, environmental, or academic factor that 
        substantially interferes with a student's ability to achieve 
        academically at proficient levels and successfully complete 
        high school. Such factors may include acute or transitional 
        factors such as family conflict, homelessness, geographic 
        relocation, grief and loss, emotional stress, mental or 
        physical illness, or mild learning problems, and more chronic 
        or severe factors commonly associated with a disability.
    ``(b) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications that demonstrate--
            ``(1) the greatest financial need based upon the number of 
        students identified as requiring specialized instructional 
        support services and programs in order to overcome barriers to 
        learning and academic achievement;
            ``(2) the greatest need based upon the limited amount of 
        resources, services, or personnel (within local educational 
        agencies and individual schools) available to specifically 
        address barriers to learning and academic achievement; and
            ``(3) the greatest potential for program sustainability 
        following the completion of the grant's duration.
    ``(c) Matching Requirement.--To be eligible to receive a grant 
under this section, a State educational agency shall provide non-
Federal matching funds equal to not less than 50 percent of the amount 
of the grant.
    ``(d) Duration.--Grants under this section shall be awarded for a 
period of not more than 5 years.
    ``(e) Administrative Costs.--A State educational agency that 
receives a grant under this part may reserve not more than 15 percent 
of the grant funds for administrative expenses.
    ``(f) Supplement; Not Supplant.--Funds made available under this 
part shall be used to supplement, and not supplant, any other Federal, 
State, or local funds that would otherwise be available to carry out 
the activities assisted under this part.

``SEC. 1903. STATE APPLICATIONS.

    ``(a) In General.--Each State educational agency seeking a grant 
under this part shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.
    ``(b) Contents.--Each application for a grant under this section 
shall also describe--
            ``(1) the needs of the State in meeting the purposes of 
        this part;
            ``(2) if a State intends to hire a specialized 
        instructional support services coordinator, the qualifications 
        of the specialized instructional support services coordinators 
        demonstrating that personnel are knowledgeable and experienced 
        in school systems, operations, and the specific role and 
        function of specialized instructional support services;
            ``(3) the specific leadership activities to be performed by 
        the coordinators in order to address such purposes;
            ``(4) the school population to be targeted for services by 
        the specialized instructional support services;
            ``(5) the specific student outcomes expected as a result of 
        delivering these services;
            ``(6) the adequacy of staffing as compared to student needs 
        for specialized instructional support services personnel, 
        especially personnel representing diverse cultural populations;
            ``(7) the proposed strategies for recruiting and retaining 
        specialized instructional support services personnel, including 
        professional development, mentoring, and hiring incentives;
            ``(8) the methods to be used to evaluate the outcomes and 
        effectiveness of the program; and
            ``(9) how the State and local educational agencies will 
        involve community groups, social service agencies, and other 
        public and private entities in coordinated, collaborative 
        efforts to reduce barriers to learning.

``SEC. 1904. EVALUATION AND REPORTING.

    ``(a) In General.--The Secretary shall evaluate the programs 
assisted under this part.
    ``(b) Reporting.--Not later than 3 years after grants are awarded 
under this part to the State educational agencies, the Secretary shall 
make publicly available a report--
            ``(1) detailing the results of the Secretary's evaluation 
        of each program assisted pursuant to a grant under this part;
            ``(2) demonstrating how each State educational agency 
        receiving a grant under this part reduced barriers to learning 
        for students; and
            ``(3) demonstrating how each State educational agency 
        receiving a grant under this part improved the coordination and 
        collaboration of specialized instructional support services at 
        the local and individual school level and with community 
        groups, social services agencies, or other public or private 
        service agencies working to reduce barriers to learning.

``SEC. 1905. AUTHORIZATIONS.

    ``There are authorized to carry out this part such sums as may be 
necessary for fiscal year 2008 and each of the 5 succeeding fiscal 
years.''.
    (b) References to Public Services and Personnel.--
            (1) The Elementary and Secondary Education Act of 1965 is 
        amended--
                    (A) by striking ``pupil services'' each place it 
                appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), 
                and 4152(2) and inserting ``specialized instructional 
                support services'', and
                    (B) by striking ``pupil services personnel'' each 
                place it appears and inserting ``specialized 
                instructional support personnel''.
            (2) Paragraph (36) of section 9101 of such Act (20 U.S.C. 
        7801) is amended to read as follows:
            ``(36) Specialized instructional support personnel; 
        specialized instructional support services.--
                    ``(A) Specialized instructional support 
                personnel.--The term `specialized instructional support 
                personnel' means school counselors, school social 
                workers, school psychologists, and other qualified 
                professional personnel involved in providing 
                assessment, diagnosis, counseling, educational, 
                therapeutic, and other necessary services (including 
                related services as that term is defined in section 602 
                of the Individuals with Disabilities Education Act) as 
                part of a comprehensive program to meet student needs.
                    ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized 
                instructional support personnel.''.
    (c) Clerical Amendments.--
            (1) Sections 1901 through 1908 of part J of title I of the 
        Elementary and Secondary Education Act of 1965 (as redesignated 
        by subsection (a)) are redesignated as sections 1921 through 
        1928, respectively.
            (2) The table of contents for the Elementary and Secondary 
        Education Act of 1965 is amended by striking the items relating 
        to part I of title I and inserting the following new items:

                 ``Part I--Reduced Barriers to Learning

``Sec. 1901. Purposes.
``Sec. 1902. Grants to State educational agencies.
``Sec. 1903. State applications.
``Sec. 1904. Evaluation and reporting.
``Sec. 1905. Authorizations.
                      ``Part J--General Provisions

``Sec. 1921. Federal regulations.
``Sec. 1922. Agreements and records.
``Sec. 1923. State administration.
``Sec. 1924. Local educational agency spending audits.
``Sec. 1925. Prohibition against Federal mandates, direction, or 
                            control.
``Sec. 1926. Rule of construction on equalized spending.
``Sec. 1927. State report on dropout data.
``Sec. 1928. Regulations for sections 1111 and 1116.''.
            (3) Section 1922 of such Act, as redesignated by paragraph 
        (1), is amended by striking ``1901'' and inserting ``1921''.
            (4) Paragraph (11) of section 1111(c) of such Act is 
        amended by striking ``1903(b)'' and inserting ``1923(b)''.
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