[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4407 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4407

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2024

 Mr. Merkley (for himself, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. 
Brown, Ms. Butler, Mr. Casey, Mr. Coons, Mr. Durbin, Mr. Fetterman, Mr. 
 Heinrich, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. Murphy, 
Mr. Padilla, Mr. Reed, Mrs. Shaheen, Ms. Smith, Mr. Van Hollen, and Mr. 
Wyden) 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 high-need 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 has, 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 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) High-need school.--The term ``high-need school'' has 
        the meaning given the term in section 2211(b) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
            (3) Outlying area.--The term ``outlying area'' means an 
        outlying area specified in section 8101(36)(A) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(36)(A)).
            (4) School-based mental health services provider.--The term 
        ``school-based mental health services provider'' includes a 
        State-icensed or State certified school counselor, school 
        psychologist, school social worker, community-based mental 
        health provider organization, or other State licensed or 
        certified mental health professional qualified under State law 
        to provide mental health services to children and adolescents.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. GRANTS AND SUBGRANTS TO INCREASE ACCESS TO SCHOOL-BASED MENTAL 
              HEALTH SERVICES PROVIDERS AT HIGH-NEED SCHOOLS.

    (a) Reservations and Grants.--
            (1) Reservations.--From the total amount made available 
        under section 5 for a fiscal year, the Secretary shall 
        reserve--
                    (A) one-half of 1 percent for the Secretary of the 
                Interior for the activities described in subsection 
                (e)(1) in schools operated or funded by the Bureau of 
                Indian Education;
                    (B) one-half of 1 percent for allotments for the 
                outlying areas to be distributed among the outlying 
                areas on the basis of their relative need for 
                assistance in carrying out the activities described in 
                subsection (e)(1), as determined by the Secretary; and
                    (C) not more than 2 percent for the administration 
                of this Act, and to provide technical assistance 
                relating to this Act.
            (2) Grants.--
                    (A) In general.--From the total amount made 
                available under section 5 for a fiscal year and 
                remaining after funds are reserved under paragraph (1) 
                of this subsection, the Secretary shall award grants to 
                States in accordance with subparagraph (B) to enable 
                the States to award subgrants to local educational 
                agencies in order to increase access to school-based 
                mental health services providers at high-need schools 
                served by the local educational agencies.
                    (B) Formula.--Subject to subparagraph (C), the 
                Secretary shall award a grant to each State with an 
                approved application under subsection (d) in an amount 
                that bears the same relationship to the remaining 
                amount described in subparagraph (A) as the amount such 
                State received under part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.), as determined on the basis of the 
                most recent fiscal year for which data are available, 
                bears to the amount received under such part (20 U.S.C. 
                6311 et seq.) by all States with such an approved 
                application, as so determined.
                    (C) Small state minimum.--No State receiving a 
                grant under this paragraph shall receive less than one-
                half of 1 percent of the total grant amount awarded 
                under this paragraph.
    (b) Duration.--An allotment 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 on meeting the goals of the allotment, as 
determined by the Secretary.
    (c) Matching Requirements.--In order to receive a grant under this 
Act, a State shall agree to provide matching funds, in an amount equal 
to 20 percent of the amount of the grant amount, toward the costs of 
the activities carried out under the grant.
    (d) Application.--For any State desiring to receive a grant under 
this Act, the State educational agency shall submit an application at 
such time, in such manner, and containing such information as the 
Secretary may require. Each application shall include, at a minimum--
            (1) an assurance that the State will use the allotment only 
        for the activities described in subsection (e)(1);
            (2) a description of how the State will award subgrants to 
        local educational agencies under subsection (e);
            (3) a description of how the State will disseminate, in a 
        timely manner, information regarding the subgrants and the 
        application process for such subgrants to local educational 
        agencies; and
            (4) 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.
    (e) Subgrants.--
            (1) In general.--A State receiving a grant under this Act 
        shall use such grant to award subgrants, on a competitive 
        basis, to local educational agencies in the State, to enable 
        the local educational agencies to--
                    (A) recruit and retain school-based mental health 
                services providers or contract with community mental 
                health centers to work at high-need schools served by 
                the local educational agency; and
                    (B) work toward effectively staffing the high-need 
                schools served by the local educational agency with 
                school-based mental health services providers, 
                including by meeting the recommended maximum ratios 
                of--
                            (i) 250 students per school counselor;
                            (ii) 500 students per school psychologist; 
                        and
                            (iii) 250 students per school social 
                        worker.
            (2) Priority.--In awarding subgrants under this subsection, 
        a State shall give priority to local educational agencies that 
        serve a significant number of high-need schools.
            (3) Application.--A local educational agency desiring a 
        subgrant under this subsection shall submit an application to 
        the applicable State at such time, in such manner, and 
        containing such information as the State may require, including 
        information on how the local educational agency will prioritize 
        assisting high-need schools with the largest numbers or 
        percentages of students from low-income families.
    (f) Allotment and Subgrant Requirements.--
            (1) Supplement, not supplant.--Amounts provided as a grant 
        to a State or as a subgrant to a local educational agency under 
        this section shall supplement, and not supplant, any other 
        funds available to such State or local educational agency for 
        school-based mental health services.
            (2) Combining funds allowed.--A State 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 (e)(1).
    (g) Reports.--
            (1) Local educational agencies.--A local educational agency 
        that receives a subgrant under this section shall submit an 
        annual report to the State that awarded such subgrant on the 
        activities carried out with the subgrant funds. Each such 
        report shall--
                    (A) describe the activities carried out using 
                subgrant funds;
                    (B) enumerate the number of school-based mental 
                health services providers (in the aggregate and 
                disaggregated by each type of provider listed in 
                subsection (d)(4)) who--
                            (i) were employed by or otherwise served in 
                        high-need public elementary and secondary 
                        schools under the jurisdiction of the local 
                        educational agency for the year covered by the 
                        report; and
                            (ii) were supported with funds from the 
                        subgrant or matching funds during such year; 
                        and
                    (C) include the most recent student to school-based 
                mental health services provider ratios listed in 
                subsection (d)(4) for each high-need school under the 
                jurisdiction of the local educational agency that was 
                supported with the subgrant.
            (2) State educational agencies.--A State 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 
                recommended maximum student to school-based mental 
                health services provider ratios described in subsection 
                (e)(1)(B);
                    (B) includes the most recent student to provider 
                ratios, in the aggregate and disaggregated as provided 
                in subsection (d)(4), for public elementary schools and 
                secondary schools in the State that were assisted with 
                such allotment; and
                    (C) describes any other resources needed to meet 
                the recommended maximum student to school-based mental 
                health services provider ratios described in subsection 
                (e)(1)(B).
            (3) Public availability.--The Secretary shall--
                    (A) submit to the Committee on Health, Education, 
                Labor, and Pensions of the Senate and the Committee on 
                Education and the Workforce of the House of 
                Representatives, each report received under paragraph 
                (2); and
                    (B) make such reports available to the public, 
                including through the website of the Department.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $5,000,000,000 for fiscal year 2025; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.
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