[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[Senate]
[Pages S5731-S5733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Mr. Kennedy (for himself, Mr. Domenici, Mr. 
        Dodd, and Mr. Enzi)):
  S. 1332. A bill to amend the Public Health Service Act to revise and 
extend projects relating to children and violence to provide access to 
school-based comprehensive mental health programs; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues 
Senator Dodd, Senator Domenici and Senator Ensign in introducing the 
Mental Health in Schools Act of 2007 to assist the Nation's public 
schools in providing better access to mental health services for their 
students.
  The need for these services has never been greater. The tragic events 
at Columbine, Nickel Mines, and Virginia Tech underscore the fact that 
when left untreated, childhood mental disorders can lead to academic 
failure, family conflicts, substance abuse, violence, and suicide.
  Comprehensive school mental health program should be designed for all 
students. They should obviously include both identification and 
referral of specific individuals for treatment, but they should also 
include programs and services that promote positive mental health and 
prevent mental health problems for a broader population of students.
  Strong mental health, similar to strong physical health, makes it 
possible for children to develop socially, emotionally, and 
intellectually. We know that mental illnesses often appear for the 
first time during childhood and adolescence. One in five children has a 
diagnosable mental disorder, yet three-quarters of children and youth 
who need mental health services do not receive them. With proper care 
and treatment, approximately 80 percent of people with mental illness 
experience a significant reduction of symptoms and a better quality of 
life.
  Our schools are important settings for recognizing and addressing 
children's mental disorders. In fact schools often function as the de 
facto mental health system for children and adolescents. Especially in 
rural areas, schools are likely to provide the only mental health 
services available, for children.
  Effective school mental health programs reflect the cooperation and 
commitment of families, students, educators, and other community 
partners.
  However, of the 95,000 public schools in the United States, only half 
report having formal partnerships with community mental health 
providers to deliver mental health services.
  The services and support provided through these partnerships should 
be family-centered and community-centered, and should also be 
culturally and linguistically appropriate.
  The goal of the Mental Health in Schools Act is to assist local 
communities in developing comprehensive school mental health programs 
that provide a continuum of services for students.
  I urge the Senate to join us in supporting schools and communities in 
expanding their mental health programs to make them more comprehensive, 
so that our school children across the nation can receive the proper 
support and services they need in order to thrive in our society and 
become productive citizens.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1332

       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 ``Mental Health in Schools Act 
     of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Approximately 1 in 5 children have a diagnosable mental 
     disorder.
       (2) Approximately 1 in 10 children have a serious emotional 
     or behavioral disorder that is severe enough to cause 
     substantial impairment in functioning at home, at school, or 
     in the community. It is estimated that about 75 percent of 
     children with emotional and behavioral disorders do not 
     receive specialty mental health services.
       (3) Only half of schools across the United States report 
     having formal partnerships with community mental health 
     providers to deliver mental health services.
       (4) If a school is going to respond to the mental health 
     needs of its students, it must have access to resources that 
     provide family-centered, culturally and linguistically 
     appropriate supports and services.
       (5) Effective school mental health programs reflect the 
     collaboration and commitment of families, students, 
     educators, and other community partners.

     SEC. 3. PURPOSES.

       It is the purpose of this Act to--
       (1) revise, increase funding for, and expand the scope of 
     the Safe Schools-Healthy Students program in order to provide 
     access to more comprehensive school-based mental health 
     services and supports; and
       (2) provide for in-service training to all school personnel 
     in--
       (A) the techniques and supports needed to identify early 
     children with, or at risk of, mental illness;
       (B) the use of referral mechanisms that effectively link 
     such children to treatment intervention services; and
       (C) strategies that promote a school-wide positive 
     environment.

     SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

       (a) Technical Amendments.--The second part G (relating to 
     services provided through religious organizations) of title V 
     of the Public Health Service Act (42 U.S.C. 290kk et seq.) is 
     amended--

[[Page S5732]]

       (1) by redesignating such part as part J; and
       (2) by redesignating sections 581 through 584 as sections 
     596 through 596C, respectively.
       (b) Purpose and Authority.--Subsection (a) of section 581 
     of the Public Health Service Act (42 U.S.C. 290hh(a)) is 
     amended to read as follows:
       ``(a) In General.--The Secretary, in collaboration with the 
     Secretary of Education and in consultation with the Attorney 
     General, shall, directly or through grants, contracts or 
     cooperative agreements awarded to public entities and local 
     education agencies, assist local communities and schools in 
     applying a public health approach to mental health services 
     both in schools and in the community. Such approach should 
     provide comprehensive services and supports, be 
     linguistically and culturally appropriate, and incorporate 
     strategies of positive behavioral interventions and supports. 
     A comprehensive school mental health program funded under 
     this section shall assist children in dealing with 
     violence.''.
       (c) Activities.--Section 581(b) of the Public Health 
     Service Act (42 U.S.C. 290hh(b)) is amended--
       (1) in paragraph (1), by striking ``implement programs'' 
     and inserting ``implement a comprehensive culturally and 
     linguistically appropriate school mental health program that 
     incorporates positive behavioral interventions and 
     supports'';
       (2) in paragraph (3), by inserting ``child and adolescent 
     mental health issues and'' after ``address''; and
       (3) by striking paragraph (4) and inserting the following:
       ``(4) facilitate community partnerships among families, 
     students, law enforcement agencies, education systems, mental 
     health and substance abuse service systems, family-based 
     mental health service systems, welfare agencies, healthcare 
     service systems, and other community-based systems;''.
       (d) Requirements.--Subsection (c) of section 581 of the 
     Public Health Service Act (42 U.S.C. 290hh(c)) is amended to 
     read as follows:
       ``(c) Requirements.--
       ``(1) In general.--To be eligible for a grant, contract, or 
     cooperative agreement under subsection (a) an entity shall--
       ``(A) be a partnership between a local education agency and 
     at least one community program or agency that is involved in 
     mental health; and
       ``(B) submit an application, that is endorsed by all 
     members of the partnership, that makes the assurances 
     described in paragraph (2).
       ``(2) Required assurances.--An application under paragraph 
     (1) shall assure the following:
       ``(A) That the applicant will ensure that, in carrying out 
     activities under this section, the local educational agency 
     involved will enter into a memorandum of understanding--
       ``(i) with, at a minimum, public or private mental health 
     entities, healthcare entities, law enforcement or juvenile 
     justice entities, child welfare agencies, family-based mental 
     health entities, families and family organizations, and other 
     community-based entities; and
       ``(ii) that clearly states--

       ``(I) the responsibilities of each partner with respect to 
     the activities to be carried out;
       ``(II) how each such partner will be accountable for 
     carrying out such responsibilities; and
       ``(III) the amount of non-Federal funding or in-kind 
     contributions that each such partner will contribute in order 
     to sustain the program.

       ``(B) That the comprehensive school-based mental health 
     program carried out under this section support the flexible 
     use of funds to address--
       ``(i) the promotion of the social, emotional, and 
     behavioral health of all students in an environment that is 
     conducive to learning;
       ``(ii) the reduction in the likelihood of at risk students 
     developing social, emotional, or behavioral health problems;
       ``(iii) the treatment or referral for treatment of students 
     with existing social, emotional, or behavioral health 
     problems;
       ``(iv) the early identification of social, emotional, or 
     behavioral problems and the provision of early intervention 
     services; and
       ``(v) the development and implementation of programs to 
     assist children in dealing with violence.
       ``(C) That the comprehensive mental health program carried 
     out under this section will provide for culturally and 
     linguistically appropriate in-service training of all school 
     personnel, including ancillary staff and volunteers, in--
       ``(i) the techniques and support needed to identify early 
     children with, or at risk of, mental illness;
       ``(ii) the use of referral mechanisms that effectively link 
     such children to treatment intervention services; and
       ``(iii) strategies that promote a schoolwide positive 
     environment, and includes an on-going training component.
       ``(D) That the comprehensive school-based mental health 
     programs carried out under this section will demonstrate the 
     measures to be taken to sustain the program after funding 
     under this section terminates.
       ``(E) That the local education agency partnership involved 
     is supported by the State educational and mental health 
     system to ensure that the sustainability of the programs is 
     established after funding under this section terminates.
       ``(F) That the comprehensive school-based mental health 
     program carried out under this section is based on evidence-
     based practices.
       ``(G) That the comprehensive school-based mental health 
     program carried out under this section is coordinated with 
     early intervening activities carried out under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).
       ``(H) That the comprehensive school-based mental health 
     program carried out under this section is culturally and 
     linguistically appropriate.''.
       (e) Duration.--Section 581(e) of the Public Health Service 
     Act (42 U.S.C. 290hh(e)) is amended--
       (1) by striking ``may not exceed'' and inserting ``shall 
     be''; and
       (2) by adding at the end the following: ``An entity may 
     only receive one award under this section, except that an 
     entity that is providing services and supports on a regional 
     basis may receive additional funding after the expiration of 
     the preceding grant period.''.
       (f) Evaluation.--Subsection (f) of section 581 of the 
     Public Health Service Act (42 U.S.C. 290kk(f)) is amended to 
     read as follows:
       ``(f) Evaluation and Measures of Outcomes.--
       ``(1) Development of process.--The Administrator shall 
     develop a process for evaluating activities carried out under 
     this section. Such process shall include--
       ``(A) the development of guidelines for the submission of 
     program data by such recipients;
       ``(B) the development of measures of outcomes (in 
     accordance with paragraph (2)) to be applied by such 
     recipients in evaluating programs carried out under this 
     section; and
       ``(C) the submission of annual reports by such recipients 
     concerning the effectiveness of programs carried out under 
     this section.
       ``(2) Measures of outcomes.--
       ``(A) In general.--The Administrator shall develop measures 
     of outcomes to be applied by recipients of assistance under 
     this section, and the Administrator, in evaluating the 
     effectiveness of programs carried out under this section. 
     Such measures shall include student and family measures as 
     provided for in subparagraph (B) and local educational 
     measures as provided for under subparagraph (C).
       ``(B) Student and family measures of outcomes.--The 
     measures of outcomes developed under paragraph (1)(B) 
     relating to students and families shall, with respect to 
     activities carried out under a program under this section, at 
     a minimum include provisions to evaluate--
       ``(i) whether the program resulted in an increase in social 
     and emotional competency;
       ``(ii) whether the program resulted in an increase in 
     academic competency;
       ``(iii) whether the program resulted in a reduction in 
     disruptive and aggressive behaviors;
       ``(iv) whether the program resulted in improved family 
     functioning;
       ``(v) whether the program resulted in a reduction in 
     substance abuse;
       ``(vi) whether the program resulted in a reduction in 
     suspensions, truancy, expulsions and violence;
       ``(vii) whether the program resulted in increased 
     graduation rates; and
       ``(viii) whether the program resulted in improved access to 
     care for mental health disorders.
       ``(C) Local educational outcomes.--The outcome measures 
     developed under paragraph (1)(B) relating to local 
     educational systems shall, with respect to activities carried 
     out under a program under this section, at a minimum include 
     provisions to evaluate--
       ``(i) the effectiveness of comprehensive school mental 
     health programs established under this section;
       ``(ii) the effectiveness of formal partnership linkages 
     among child and family serving institutions, community 
     support systems, and the educational system;
       ``(iii) the progress made in sustaining the program once 
     funding under the grant has expired; and
       ``(iv) the effectiveness of training and professional 
     development programs for all school personnel that 
     incorporate indicators that measure cultural and linguistic 
     competencies under the program in a manner that incorporates 
     appropriate cultural and linguistic training.
       ``(3) Submission of annual data.--An entity that receives a 
     grant, contract, or cooperative agreement under this section 
     shall annually submit to the Administrator a report that 
     include data to evaluate the success of the program carried 
     out by the entity based on whether such program is achieving 
     the purposes of the program. Such reports shall utilize the 
     measures of outcomes under paragraph (2) in a reasonable 
     manner to demonstrate the progress of the program in 
     achieving such purposes.
       ``(4) Evaluation by administrator.--Based on the data 
     submitted under paragraph (3), the Administrator shall 
     annually submit to Congress a report concerning the results 
     and effectiveness of the programs carried out with assistance 
     received under this section.''.
       (g) Authorization of Appropriations and Amount of Grants.--
     Subsection (h) of section 581 of the Public Health Service 
     Act (42 U.S.C. 290hh(h)) is amended to read as follows:

[[Page S5733]]

       ``(h) Amount of Grants and Authorization of 
     Appropriations.--
       ``(1) Amount of grants.--A grant under this section shall 
     be in an amount that is not more than $1,000,000 for each of 
     grant years 2008 through 2012. The Secretary shall determine 
     the amount of each such grant based on the population of 
     children between the ages of 0 to 21 of the area to be served 
     under the grant.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section, $200,000,000 
     for each of fiscal years 2008 through 2012.''.
       (h) Conforming Amendments.--Part G of title V of the Public 
     Health Service Act (42 U.S.C. 290hh et seq.), as amended by 
     this section, is further amended--
       (1) by striking the part heading and inserting the 
     following:

             ``PART VII--SCHOOL-BASED MENTAL HEALTH''; and

       (2) in section 581, by striking the section heading and 
     inserting the following:

     ``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND 
                   VIOLENCE.''.

  Mr. DOMENICI. Mr. President, I rise today with my colleagues Senator 
Kennedy and Senator Dodd to introduce the Mental Health in Schools Act 
of 2007. This bill amends the Safe Schools Healthy Students Act to 
reauthorize projects relating to children and violence and also expands 
the program to help provide access to school-based mental health 
programs.
  The mental health of our children is as important as their overall 
physical health. As a Nation, we have repeatedly seen tragic stories 
related to children whose mental health needs were not met. Recent 
studies indicate approximately 1 in 5 children have a diagnosable 
mental disorder and one in ten children have a serious emotional or 
behavioral disorder that is severe enough to cause substantial 
impairment in functioning at home, at school, or in the community.
  The Mental Health in Schools Act of 2007 provides funding to local 
education agencies, LEAs, in partnership with their communities to 
develop and implement mental health service programs in schools. The 
funding will also be used to provide for in-service training to all 
school personnel in the techniques and supports related to mental 
health. It is our belief that these programs have the potential to not 
only improve access to care for mental health disorders but also to 
help increase academic competency and improved family functioning.
  Investing in effective mental health treatment can mean the 
difference between a child's success and failure in school and in 
society. The most effective mental health care must be tailored to the 
child's and family's needs, and must be accessible and available when 
and where they need it. Children and their families' needs often cross 
multiple systems. Communities need sustainable tools to link or 
integrate those systems to meet those needs.
  We must recognize that children do not have to remain neglected when 
it comes to their mental health. The future of children's mental health 
care is very promising. Programs promoting mental health work, and when 
they do, the resilience of a child can grow while diminishing the 
challenging behaviors associated with mental health problems and 
emotional disturbances. It is important to recognize that as a Nation 
and as a society, we have come a long way in understanding mental 
illness and its impact on children and adolescents. Research has made 
extraordinary leaps forward, giving us a better understanding of the 
disorders and the evidence-based treatments, services and supports that 
build resilience and facilitate recovery for children and adolescents.
  We have seen over and over again that not offering effective mental 
health care has many ramifications, not the least of which is violence, 
substance abuse and poor academic performance. Much more is required of 
us as a Nation to secure the whole health and well-being of our future, 
our children and youth. Now is the time to begin a national debate on 
mental health care and its importance to our children. I think the bill 
we are introducing here is a great start and I look forward to working 
with my colleagues to pass this important legislation.
                                 ______