[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7108 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7108

     To support States and high-need local educational agencies in 
 increasing the number of mental health services providers in schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2024

 Ms. DeLauro (for herself, Mr. Fitzpatrick, and Mrs. Hayes) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL


 
     To support States and high-need local educational agencies in 
 increasing the number of mental health services providers in schools.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Expanding Access 
to Mental Health Services in Schools Act of 2024''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. School-based mental health services grant program.
Sec. 5. Rule.

SEC. 2. PURPOSES.

    The purpose of this Act is to increase the number of school-based 
mental health services providers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible agency.--The term ``eligible agency'' means--
                    (A) a high-need local educational agency;
                    (B) an educational service agency acting on behalf 
                of 1 or more high-need local educational agencies; or
                    (C) a State educational agency.
            (2) ESEA definitions.--The terms ``child with a 
        disability'', ``educational service agency'', ``elementary 
        school'', ``English learner'', ``evidence-based'', 
        ``institution of higher education'', ``local educational 
        agency'', ``other staff'', ``outlying area'', 
        ``paraprofessional'', ``professional development'', ``school 
        leader'', ``secondary school'', ``specialized instructional 
        support personnel'', ``Secretary'', ``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).
            (3) High-need local educational agency.--The term ``high-
        need local educational agency'' means a local education agency 
        that, as the date of application for this Act--
                    (A) is among the highest 15 percent of all local 
                educational agencies in the State, as determined by the 
                Secretary, based on either--
                            (i) the number of children in each such 
                        agency counted under section 1124(c) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6333(c)); or
                            (ii) the percentage of children in each 
                        such agency counted under section 1124(c) of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6333(c)); and
                    (B) does not meet at least two of the following:
                            (i) A ratio of 1 full-time equivalent 
                        school counselor for every 250 students.
                            (ii) A ratio of 1 full-time equivalent 
                        school psychologist for every 500 students.
                            (iii) A ratio of 1 full-time equivalent 
                        school social worker for every 250 students.
            (4) ISDA definitions.--The term ``Indian Tribe'' means any 
        indian tribe identified as such by the Secretary of the 
        Interior under section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 479a-1).
            (5) 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).

SEC. 4. SCHOOL-BASED MENTAL HEALTH SERVICES GRANT PROGRAM.

    (a) Purpose.--The purpose of this section is to increase the number 
of school-based mental health professionals by supporting high-need 
local educational agencies in recruiting, hiring, retaining, and 
diversifying school-based mental health services providers to expand 
access to school-based mental health services for students enrolled in 
elementary schools and secondary schools served by such agencies.
    (b) Authorization of Grants.--
            (1) In general.--From amounts made available under 
        subsection (g) and after making the reservations described in 
        paragraph (2), the Secretary shall award grants, on a 
        competitive basis, to eligible agencies, in accordance with 
        this section.
            (2) Reservations.--From the total amount made available 
        under subsection (g) for a fiscal year, the Secretary shall--
                    (A) reserve not more than 2 percent of such amount 
                for program administration, technical assistance, and 
                data collection;
                    (B) reserve 1 percent for the Secretary of the 
                Interior for schools operated or funded by the Bureau 
                of Indian Education, in accordance with the purpose of 
                this section; and
                    (C) reserve 1 percent for allotments for payments 
                to the outlying areas, to be distributed among those 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this section.
            (3) Duration and renewals.--
                    (A) Duration.--A grant awarded under this section 
                shall be for a period of not more than 5 years.
                    (B) Renewal.--The Secretary may renew a grant 
                awarded under this section for a period of not more 
                than 2 years.
            (4) Diversity of projects.--
                    (A) In general.--In awarding grants under paragraph 
                (1), the Secretary shall ensure that, to the extent 
                practicable, grants are distributed among eligible 
                agencies that will serve geographically diverse areas, 
                including urban, suburban, and rural areas.
                    (B) Local educational agencies.--In awarding grants 
                under paragraph (1), the Secretary shall ensure that 
                not less than 50 percent of the amounts made available 
                under subsection (g) that remain after making 
                reservations under paragraph (2) are awarded to high-
                quality applications submitted by high-need local 
                educational agencies identified in clauses (i) and (ii) 
                of section 3(3)(A).
            (5) Sufficient size and scope.--Each grant awarded under 
        paragraph (1) shall be of sufficient size and scope to allow 
        the eligible agency receiving the grant to carry out the 
        purpose of this section.
    (c) Application.--An eligible agency applying for a grant under 
subsection (b)(1) shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require, which may include--
            (1) a description of the prevalent mental health or 
        substance use and misuse concerns facing students enrolled in 
        schools served by participating high-need local educational 
        agencies;
            (2) a description of current shortage of school-based 
        mental health services providers, including lack of diversity, 
        if applicable, in high-need local educational agencies that 
        will be served under the grant;
            (3) a description of the applicant's plan to support 
        recruiting, hiring, retaining, or diversifying school-based 
        mental health services providers in high-need local educational 
        agencies to be served under the grant; and
            (4) an assurance that any school-based mental health 
        services provider, including any provider offering telehealth 
        services, provides services in a manner consistent with section 
        444 of the General Education Provisions Act (20 U.S.C. 1232g; 
        commonly known as the ``Family Educational Rights and Privacy 
        Act of 1974'') and the Individuals with Disabilities Education 
        Act (20 U.S.C. 1400 et seq.), as well as all applicable 
        Federal, State, and local laws.
    (d) Use of Funds.--An eligible agency that receives a grant under 
subsection (b)(1) shall use such funds to carry out one or more of the 
following:
            (1) Hiring school-based mental health services providers 
        to--
                    (A) provide school-based mental health services to 
                students enrolled in schools served by high-need local 
                educational agencies; and
                    (B) implement evidence-based practices to improve 
                school climate to support positive student mental 
                health.
            (2) Implementing strategies to recruit school-based mental 
        health services providers in high-need local educational 
        agencies to help mitigate shortages of such providers, such 
        as--
                    (A) salary stipends;
                    (B) relocation benefits;
                    (C) student loan repayment; or
                    (D) other financial incentives.
            (3) Implementing strategies to retain school-based mental 
        health services providers in high-need local educational 
        agencies, which may include--
                    (A) providing incentives described in paragraph 
                (2); or
                    (B) providing ongoing professional development, 
                induction, mentorship, or peer support for school-based 
                mental health services providers.
    (e) Rules.--
            (1) Matching requirement.--Eligible agencies who receive a 
        grant under this Act must contribute non-Federal matching funds 
        to the amount of not less than 25 percent of the project 
        budget.
            (2) Supplement, not supplant.--Funds made available under 
        this Act shall be used to supplement, and not supplant, non-
        Federal funds that would otherwise be used for activities 
        described under this Act.
            (3) Disaggregation of data.--Disaggregation of data 
        required under this section shall not be required when the 
        number is insufficient to yield statistically reliable 
        information or the results would reveal personally identifiable 
        information about an individual.
    (f) Reporting Requirements.--Each eligible agency that receives a 
grant under subsection (b)(1) shall submit a report to the Secretary on 
an annual basis and publish such report in a clear and easily 
accessible format on the website of the eligible agency. Such report 
shall contain any information required by the Secretary and, at a 
minimum, the following:
            (1) The number of school-based mental health services 
        providers employed by high-need local educational agencies 
        served under the grant and any increases from the prior year, 
        disaggregated by--
                    (A) the number of each type of such providers who 
                was recruited, hired, or retained, with support under 
                this grant; and
                    (B) the demographics of such providers.
            (2) The ratio of students to school-based mental health 
        services providers in high-need local educational agencies 
        served under the grant and the extent to which such ratio has 
        decreased since the start of the grant period.
            (3) The reduction in the annual attrition rate of school-
        based mental health services providers employed by high-need 
        local educational agencies served under the grant, and the 
        extent to which such attrition rate has decreased since the 
        start of the grant period.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2025 through 2029.

SEC. 5. RULE.

    The requirements of section 4001 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7101) shall apply to a State 
educational agency, local educational agency, or other entity receiving 
a grant or subgrant under this Act in the same manner as those 
requirements apply to an entity receiving an award under title IV of 
such Act.
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