[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3427 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3427

   To effectively staff the public elementary schools and secondary 
 schools of the United States with school-based mental health services 
                               providers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

 Mr. Merkley (for himself, Mr. Wyden, Mr. Blumenthal, Mr. Bennet, Mr. 
Van Hollen, and Mr. King) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
   To effectively staff the 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 have, 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 500-700 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) 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).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. GRANTS.

    (a) Program Authorized.--
            (1) In general.--From the amounts made available under 
        section 5 for a fiscal year, the Secretary shall award grants, 
        in amounts determined under subsection (b), to State 
        educational agencies to enable the State educational agencies 
        to award subgrants to local educational agencies in order to 
        provide school-based mental health services providers at public 
        elementary schools and secondary schools served by the local 
        educational agencies.
            (2) Duration.--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.
    (b) Amounts of Grants.--
            (1) Base amount allotment.--
                    (A) Base amount.--The Secretary shall use 
                $2,000,000,000 of the amounts made available under 
                section 5 for a fiscal year to provide a base grant for 
                such fiscal year to each State educational agency that 
                submits a complete application, on a proportional basis 
                based on the number of elementary school and secondary 
                school students in each State, subject to subparagraph 
                (C).
                    (B) Ratable reduction.--If the amounts made 
                available under section 5 are less than $2,000,000,000, 
                the Secretary shall ratably reduce the amount provided 
                under subparagraph (A) to each State, subject to 
                subparagraph (C).
                    (C) Mandatory minimum.--No State shall receive less 
                than $1,000,000 under subparagraph (A) for a fiscal 
                year.
            (2) Need-based additional funding.--
                    (A) In general.--In any fiscal year for which the 
                funds made available under section 5 are greater than 
                $2,000,000,000, the Secretary shall use such additional 
                funds to provide, on a competitive basis, additional 
                amounts for the grants provided under this section to 
                State educational agencies that agree to meet the 
                matching requirement under subparagraph (B).
                    (B) Matching requirements.--In order to receive 
                additional funding under this paragraph, a State 
                educational agency shall agree to provide matching 
                funds, in an amount equal to not less than one-half of 
                the additional amount provided under subparagraph (A), 
                toward the costs of the activities carried out under 
                this grant.
                    (C) Award basis.--The Secretary shall award the 
                additional amounts under subparagraph (A) based on the 
                need for school-based mental health services providers 
                in the public elementary schools and secondary schools 
                in the State and the Secretary's assessment of the 
                ratios included in each application under subsection 
                (c)(3).
            (3) Amount limitation.--In no case shall the total amount 
        awarded under this subsection exceed the amount needed to meet 
        the recommended maximum student-to-provider ratios described in 
        subsection (d)(1)(B) in all public elementary schools and 
        secondary schools in the State.
    (c) Application.--A State educational agency desiring a grant under 
this section shall submit an application at such time, in such manner, 
and containing such information as the Secretary may require. Each 
application shall include--
            (1) a description of how the State educational agency will 
        award subgrants to local educational agencies under subsection 
        (d) consistent with the consideration described in subsection 
        (b)(2)(C);
            (2) a description of how the State educational agency will 
        disseminate, in a timely manner, information regarding the 
        subgrants and the application process for such subgrants to 
        eligible local educational agencies; and
            (3) 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.
    (d) Subgrants.--
            (1) In general.--A State educational agency receiving a 
        grant under this section shall use grant funds to award 
        subgrants, on a competitive basis, to local educational 
        agencies in the State, to enable the local educational agencies 
        to--
                    (A) employ a school-based mental health services 
                provider at each public elementary school and secondary 
                school served by the local educational agency; and
                    (B) work toward effectively staffing the public 
                elementary schools and secondary schools of the State 
                with school-based mental health services providers, 
                including by meeting the recommended maximum ratios 
                of--
                            (i) 250 students per school counselor;
                            (ii) 500 to 700 students per school 
                        psychologist; and
                            (iii) 250 students per school social 
                        worker.
            (2) Application.--A local educational agency desiring a 
        subgrant under this subsection shall submit an application to 
        the State educational agency at such time, in such manner, and 
        containing such information as the State educational agency may 
        require.
    (e) Grant and Subgrant Requirements.--
            (1) Supplement, not supplant.--Amounts provided under a 
        grant or subgrant under this section shall supplement, and not 
        supplant, any other funds available to a State educational 
        agency or local educational agency for school-based mental 
        health services.
            (2) Combining funds allowed.--A State educational agency 
        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 (d)(1).
    (f) Report.--
            (1) In general.--A State educational agency 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 
                purposes of the grant;
                    (B) includes the most recent student to provider 
                ratios, in the aggregate and disaggregated as provided 
                in subsection (c)(3), for public elementary schools and 
                secondary schools in the State that were assisted under 
                the grant under this section; and
                    (C) describes any other resources needed to meet 
                the required recommended maximum student to school-
                based mental health services provider ratios.
            (2) Public availability.--The Secretary shall make all 
        reports submitted under paragraph (1) available to the public, 
        including through the website of the Department.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    In order to provide school-based mental health services providers 
in public elementary schools and secondary schools in the States, there 
are authorized to be appropriated to carry out this section--
            (1) $5,000,000,000 for fiscal year 2019; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.
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