[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1811

To increase the recruitment and retention of school-based mental health 
      services providers by low-income local educational agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2021

  Mr. Tester introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To increase the recruitment and retention of school-based mental health 
      services providers by low-income local educational agencies.

    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 ``Increasing Access to Mental Health 
in Schools Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Best practices.--The term ``best practices'' means a 
        technique or methodology that, through experience and research 
        related to professional practice in a school-based mental 
        health field, has proven to reliably lead to a desired result.
            (2) Eligible graduate institution.--The term ``eligible 
        graduate institution'' means an institution of higher education 
        that offers a program of study that leads to a masters or other 
        graduate degree--
                    (A) in school psychology that is accredited or 
                approved by the National Association of School 
                Psychologists' Program Approval Board (or its 
                successor) or the Commission on Accreditation of the 
                American Psychological Association and that prepares 
                students in such program for the State licensing or 
                certification examination in school psychology;
                    (B) in school counseling that prepares students in 
                such program for the State licensing or certification 
                examination in school counseling;
                    (C) in school social work that is accredited by the 
                Council on Social Work Education and that prepares 
                students in such program for the State licensing or 
                certification examination in school social work;
                    (D) in another school-based mental health field 
                that prepares students in such program for the State 
                licensing or certification examination in such field, 
                if applicable; or
                    (E) in any combination of study described in 
                subparagraphs (A) through (D).
            (3) Eligible partnership.--The term ``eligible 
        partnership'' means--
                    (A) a partnership between 1 or more low-income 
                local educational agencies and 1 or more eligible 
                graduate institutions; or
                    (B) in any region in which local educational 
                agencies may not have a sufficient elementary school 
                and secondary school student population to support the 
                placement of all participating graduate students, a 
                partnership between a State educational agency, on 
                behalf of 1 or more low-income local educational 
                agencies, and 1 or more eligible graduate institutions.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), but excludes any institution of higher education 
        described in section 102(a)(1)(C) of such Act.
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) Low-income local educational agency.--The term ``low-
        income local educational agency'' means a local educational 
        agency--
                    (A) for which not less than 20 percent of the 
                students served by such agency are from families with 
                incomes below the poverty line as determined by the 
                Bureau of the Census on the basis of the most recent 
                satisfactory data available; and
                    (B) that, as of the date of application for a grant 
                under this Act, has ratios of school counselors, school 
                social workers, and school psychologists to students 
                served by the agency that are not more than 1 school 
                counselor per 275 students, not more than 1 school 
                psychologist per 770 students, and not more than 1 
                school social worker per 250 students.
            (7) Participating eligible graduate institution.--The term 
        ``participating eligible graduate institution'' means an 
        eligible graduate institution that is part of an eligible 
        partnership awarded a grant under section 3.
            (8) Participating graduate.--The term ``participating 
        graduate'' means an individual who--
                    (A) has received a masters or other graduate degree 
                in a school-based mental health field from a 
                participating eligible graduate institution and has 
                obtained a State license or credential in the school-
                based mental health field; and
                    (B) as a graduate student of a school-based mental 
                health field, was placed in a school served by a 
                participating low-income local educational agency to 
                complete required field work, credit hours, 
                internships, or related training as applicable.
            (9) Participating low-income local educational agency.--The 
        term ``participating low-income local educational agency'' 
        means a low-income local educational agency that is part of an 
        eligible partnership awarded a grant under section 3.
            (10) School-based mental health field.--The term ``school-
        based mental health field'' means each of the following fields:
                    (A) School counseling.
                    (B) School social work.
                    (C) School psychology.
                    (D) Any other field of study that leads to 
                employment as a school-based mental health services 
                provider.
            (11) 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).
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (13) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (14) Student support personnel target ratios.--The term 
        ``student support personnel target ratios'' means the ratios of 
        school-based mental health services providers to students 
        recommended to enable such personnel to effectively address the 
        needs of students, including--
                    (A) at least 1 school counselor for every 250 
                students (as recommended by the American School 
                Counselor Association and American Counseling 
                Association);
                    (B) at least 1 school psychologist for every 500-
                700 students (as recommended by the National 
                Association of School Psychologists); and
                    (C) at least 1 school social worker for every 250 
                students (as recommended by the School Social Work 
                Association of America).
            (15) Unaccompanied youth.--The term ``unaccompanied youth'' 
        has the meaning given such term in section 725 of the McKinney-
        Vento Homeless Assistance Act (42 U.S.C. 11434a).

SEC. 3. GRANT PROGRAM TO INCREASE THE NUMBER OF SCHOOL-BASED MENTAL 
              HEALTH SERVICES PROVIDERS EMPLOYED BY LOW-INCOME LOCAL 
              EDUCATIONAL AGENCIES.

    (a) Grant Program Authorized.--From amounts made available to carry 
out this section, the Secretary shall award grants, on a competitive 
basis and after input from the peer review panel under subsection (d), 
to eligible partnerships, to enable the eligible partnerships to carry 
out pipeline programs to increase the number of school-based mental 
health services providers employed by low-income local educational 
agencies by carrying out any of the activities described by subsection 
(f).
    (b) Grant Period.--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.
    (c) Application.--To be eligible to receive a grant under this 
section, an eligible graduate institution, on behalf of an eligible 
partnership, shall submit to the Secretary a grant application. The 
application shall contain such information as the Secretary may 
require, including--
            (1) an assessment of the existing (as of the date of 
        application) ratios of school-based mental health services 
        providers (in the aggregate and disaggregated by profession) to 
        students enrolled in schools in each low-income local 
        educational agency that is part of the eligible partnership; 
        and
            (2) a detailed description of--
                    (A) a plan to carry out a pipeline program to 
                train, place, and retain school-based mental health 
                services providers in low-income local educational 
                agencies; and
                    (B) the proposed allocation and use of grant funds 
                to carry out activities described in subsection (f).
    (d) Peer Review Panel.--
            (1) Establishment of panel.--The Secretary shall establish 
        a peer review panel to evaluate applications submitted under 
        subsection (c) and make recommendations to the Secretary 
        regarding such applications.
            (2) Evaluation of applications.--In making its 
        recommendations, the peer review panel shall take into account 
        the purpose of this Act and the application requirements under 
        subsection (c), including the quality of the proposed pipeline 
        program described in subsection (c)(2)(A).
            (3) Consideration of panel's recommendation.--
                    (A) In general.--The Secretary may award grants 
                under this section to eligible partnerships only after 
                taking into consideration the recommendations of the 
                peer review panel provided under this subsection.
                    (B) Explanation.--In any case where the Secretary 
                decides to not follow the recommendations of the peer 
                review panel, the Secretary shall provide a written 
                explanation of the decision to the panel and to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Education and Labor of 
                the House of Representatives.
            (4) Membership of panel.--
                    (A) In general.--The peer review panel shall 
                include at a minimum the following members:
                            (i) One clinical, tenured, or tenure track 
                        faculty member at an institution of higher 
                        education with a current appointment, as of the 
                        time of service on the panel, to teach courses 
                        in the subject area of school counselor 
                        education.
                            (ii) One clinical, tenured, or tenure track 
                        faculty member at an institution of higher 
                        education with a current appointment, as of the 
                        time of service on the panel, to teach courses 
                        in the subject area of school social worker 
                        education.
                            (iii) One clinical, tenured, or tenure 
                        track faculty member at an institution of 
                        higher education with a current appointment, as 
                        of the time of service on the panel, to teach 
                        courses in the subject area of school 
                        psychology education.
                            (iv) One clinical, tenured, or tenure track 
                        faculty member at an institution of higher 
                        education with a current appointment to teach 
                        courses in the subject area of teacher 
                        education.
                            (v) One individual with expertise in school 
                        counseling who works or has worked in public 
                        schools.
                            (vi) One individual with expertise in 
                        school social work who works or has worked in 
                        public schools.
                            (vii) One individual with expertise in 
                        school psychology who works or has worked in 
                        public schools.
                            (viii) One administrator who works or has 
                        worked for a low-income local educational 
                        agency.
                            (ix) One qualified and effective teacher 
                        who has substantial experience working for a 
                        low-income local educational agency.
                            (x) One community mental health provider.
                    (B) Clinical faculty member.--At least 1 of the 
                members described in subparagraph (A) shall be a 
                clinical faculty member.
    (e) Award Basis.--In awarding grants under this section, the 
Secretary shall--
            (1) award the first 5 grants to eligible partnerships from 
        5 different States; and
            (2) give priority to eligible partnerships that--
                    (A) propose to use the grant funds to carry out the 
                activities described in paragraphs (1) through (3) of 
                subsection (f) in schools that have higher numbers or 
                percentages of low-income students and students not 
                achieving a proficient level of academic achievement, 
                as determined by the State, on the annual assessments 
                required under section 1111(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b))) in 
                comparison to other schools that are served by the low-
                income local educational agency that is part of the 
                eligible partnership;
                    (B) include 1 or more low-income local educational 
                agencies that have fewer school-based mental health 
                services providers, in the aggregate or for a 
                particular school-based mental health field, per 
                student than other eligible partnerships;
                    (C) include 1 or more eligible graduate 
                institutions that offer the greatest number of graduate 
                programs in the greatest number of different school-
                based mental health fields; and
                    (D) propose to collaborate with other institutions 
                of higher education with similar programs, including 
                sharing facilities, faculty members, and administrative 
                costs.
    (f) Use of Grant Funds.--Grant funds awarded under this section may 
be used--
            (1) to pay the administrative costs (including supplies, 
        office and classroom space, supervision, mentoring, and 
        transportation stipends as necessary and appropriate) related 
        to--
                    (A) having graduate students of programs in school-
                based mental health fields placed in schools served by 
                participating low-income local educational agencies to 
                complete required field work, credit hours, 
                internships, or related training as applicable for the 
                degree, license, or credential program of each such 
                student; and
                    (B) offering required graduate coursework for 
                students of a graduate program in a school-based mental 
                health services field on the site of a participating 
                low-income local educational agency;
            (2) for not more than the first 3 years after a 
        participating graduate receives a masters or other graduate 
        degree from a program in a school-based mental health field, or 
        obtains a State license or credential in a school-based mental 
        health field, to hire and pay all or part of the salary of the 
        participating graduates working as a school-based mental health 
        services provider in a school served by a participating low-
        income local educational agency;
            (3) to increase the number of school-based mental health 
        services providers per student in schools served by 
        participating low-income local educational agencies, in order 
        to work toward the student support personnel target ratios;
            (4) to recruit, hire, and retain culturally or 
        linguistically under-represented graduate students of programs 
        in school-based mental health fields for placement in schools 
        served by participating low-income educational agencies;
            (5) to recruit, hire, and pay faculty as necessary to 
        increase the capacity of a participating eligible graduate 
        institution to train graduate students in school-based mental 
        health fields;
            (6) to develop coursework that will--
                    (A) encourage a commitment by graduate students in 
                school-based mental health fields to work for low-
                income local educational agencies;
                    (B) give participating graduates the knowledge and 
                skill sets necessary to meet the needs of--
                            (i) students and families served by low-
                        income local educational agencies; and
                            (ii) teachers, administrators, and other 
                        staff who work for low-income local educational 
                        agencies;
                    (C) enable participating graduates to meet the 
                unique needs of students at risk of negative 
                educational outcomes, including students who--
                            (i) are English language learners;
                            (ii) have a parent or caregiver who is a 
                        migrant worker;
                            (iii) have a parent or caregiver who is a 
                        member of the armed forces, including the 
                        National Guard, who has been deployed or 
                        returned from deployment;
                            (iv) are homeless, including unaccompanied 
                        youth;
                            (v) have come into contact with the 
                        juvenile justice system or adult criminal 
                        justice system, including students currently or 
                        previously held in juvenile detention 
                        facilities or adult jails and students 
                        currently or previously held in juvenile 
                        correctional facilities or adult prisons;
                            (vi) have been identified as eligible for 
                        services under the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1400 et 
                        seq.) or the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.);
                            (vii) have been a victim to or witnessed 
                        domestic violence or violence in their 
                        community;
                            (viii) have been exposed to substance 
                        misuse at home or in the community; or
                            (ix) are foster care youth, youth aging out 
                        of foster care, or former foster youth; and
                    (D) utilize best practices determined by the 
                American School Counselor Association, National 
                Association of Social Workers, School Social Work 
                Association of America, and National Association of 
                School Psychologists and other relevant organizations;
            (7) to provide tuition credits to graduate students 
        participating in the pipeline program;
            (8) for student loan forgiveness for participating 
        graduates who are employed as school-based mental health 
        services providers by participating low-income local 
        educational agencies for a minimum of 5 consecutive years; and
            (9) for similar activities to fulfill the purpose of this 
        Act, as the Secretary determines appropriate.
    (g) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, not supplant, other Federal, 
State, or local funds available for the activities described in 
subsection (f).
    (h) Reporting Requirements.--
            (1) In general.--Each eligible partnership that receives a 
        grant under this section shall prepare and submit to the 
        Secretary an annual report on the progress of the eligible 
        partnership in carrying out the grant. Such report shall 
        include a description of--
                    (A) actual service delivery provided through the 
                grant funds, including--
                            (i) characteristics of the participating 
                        eligible graduate institution, including 
                        descriptive information on the educational 
                        model used and the actual academic program 
                        performance;
                            (ii) characteristics of graduate students 
                        participating in the pipeline program supported 
                        under the grant, including--
                                    (I) performance on any examinations 
                                required by the State for credentialing 
                                or licensing;
                                    (II) demographic characteristics; 
                                and
                                    (III) graduate student retention 
                                rates;
                            (iii) characteristics of students of the 
                        participating low-income local educational 
                        agency, including performance on any tests 
                        required by the State educational agency, 
                        demographic characteristics, and promotion, 
                        persistence, and graduation rates, as 
                        appropriate;
                            (iv) an estimate of the annual 
                        implementation costs of the pipeline program; 
                        and
                            (v) the numbers of students, schools, and 
                        graduate students participating in the pipeline 
                        program;
                    (B) outcomes that are consistent with the purpose 
                of the grant program under this Act, including--
                            (i) internship and post-graduation 
                        placement of the participating graduate 
                        students;
                            (ii) graduation and professional career 
                        readiness indicators; and
                            (iii) characteristics of the participating 
                        low-income local educational agency, including 
                        changes in the hiring and retention of 
                        qualified and effective teachers and school-
                        based mental health services providers;
                    (C) the instruction, materials, and activities 
                being funded under the grant; and
                    (D) the effectiveness of any training and ongoing 
                professional development provided--
                            (i) to students and faculty in the 
                        appropriate departments or schools of the 
                        participating eligible graduate institution;
                            (ii) to the faculty, administration, and 
                        staff of the participating low-income local 
                        educational agency; and
                            (iii) to the broader community of providers 
                        of social, emotional, behavioral, and related 
                        support to students and to those individuals 
                        who train such providers.
            (2) Publication.--The Secretary shall publish the annual 
        reports submitted under paragraph (1) on the website of the 
        Department of Education.
    (i) Evaluations.--
            (1) Interim evaluations.--The Secretary may conduct interim 
        evaluations to determine whether each eligible partnership 
        receiving a grant under this section is making adequate 
        progress as the Secretary considers appropriate. The contents 
        of the annual report submitted to the Secretary under 
        subsection (h) may be used by the Secretary to determine 
        whether an eligible partnership receiving a grant is 
        demonstrating adequate progress.
            (2) Final evaluation.--The Secretary shall conduct a final 
        evaluation to--
                    (A) determine the effectiveness of the grant 
                program in carrying out the purpose of this Act; and
                    (B) compare the relative effectiveness of each of 
                the various activities described in subsection (f) for 
                which grant funds may be used.
    (j) Report.--Not earlier than 5 years nor later than 6 years after 
the date of enactment of this Act, the Secretary shall submit to 
Congress a report containing--
            (1) the findings of the evaluation conducted under 
        subsection (i)(2); and
            (2) such recommendations as the Secretary considers 
        appropriate.
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the program under this section, 
        $200,000,000 for fiscal year 2022 and for each succeeding 
        fiscal year.
            (2) Reservation for evaluation.--From the total amount 
        appropriated to carry out this section each fiscal year, the 
        Secretary shall reserve not more than 3 percent for evaluations 
        under subsection (i).

SEC. 4. STUDENT LOAN FORGIVENESS FOR INDIVIDUALS WHO ARE EMPLOYED FOR 5 
              OR MORE CONSECUTIVE SCHOOL YEARS AS SCHOOL-BASED MENTAL 
              HEALTH SERVICES PROVIDERS.

    (a) Establishment of Program.--The Secretary shall establish a 
program to provide student loan forgiveness for loans issued under 
parts B, D, and E of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals 
who--
            (1) are not, and have never been, participants in the grant 
        program established under section 3; and
            (2) have been employed for 5 or more consecutive school 
        years as school-based mental health services providers by low-
        income local educational agencies.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out the program under this section.

SEC. 5. FUTURE DESIGNATION STUDY.

    (a) In General.--The Secretary shall conduct a study to identify a 
formula for future designation of regions with a shortage of school-
based mental health services providers to use in implementing grant 
programs and other programs such as the programs established under this 
Act or for other purposes related to any such designation.
    (b) Basis of Formula.--The formula described in subsection (a) 
shall be based on the latest available data regarding an area served by 
a low-income local educational agency on--
            (1) the number of residents under the age of 18 in such 
        area;
            (2) the percentage of the population of such area with 
        incomes below the poverty line;
            (3) the percentage of residents age 18 or older in such 
        area who have earned secondary school diplomas;
            (4) the percentage of students in such area who are 
        identified as eligible for special education services;
            (5) the youth crime rate in such area;
            (6) the current number of full-time-equivalent and active 
        school-based mental health services providers employed by the 
        low-income local educational agency in such area, in the 
        aggregate and disaggregated by profession;
            (7) the number of students in such area in military 
        families with parents in the armed forces (including the 
        National Guard and Reserves) who have been alerted for 
        deployment, are currently deployed, or have returned from a 
        deployment in the previous school year; and
            (8) such other criteria as the Secretary considers 
        appropriate.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the findings of the study conducted under subsection (a).
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