[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4857-S4860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2529. Mr. CORNYN (for himself, Mr. Tester, Mr. Tillis, Ms. Hassan,
and Ms. Sinema) submitted an amendment intended to be proposed by him
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--Creating Access and Resources in Education for Student
Mental Health Act
SEC. 1099. SHORT TITLE.
This subtitle may be cited as the ``Creating Access and
Resources in Education for Student Mental Health Act'' or the
``CARE for Student Mental Health Act''.
SEC. 1099A. PURPOSES.
The purposes of this subtitle are to address the student
mental health crisis by--
(1) increasing the number of, and diversifying, school-
based mental health services providers; and
(2) supporting local educational agencies in recruiting,
hiring, retaining, and diversifying school-based mental
health services providers to meet the mental health needs of
students.
SEC. 1099B. DEFINITIONS.
In this subtitle:
(1) 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 meaning given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Eligible institution.--The term ``eligible
institution'' means an institution of higher education that
offers a program of study in--
(A) school psychology that prepares students in such
program for a State credential as a school psychologist;
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(B) school counseling that prepares students in such
program for a State credential as a school counselor;
(C) school social work that prepares students in such
program for a State credential as a school social worker;
(D) another school-based mental health field that prepares
students in such program for a State license or credential as
a school-based mental health services provider under State
law or regulation, as determined by the Secretary; or
(E) any combination of study described in subparagraphs (A)
through (D) that prepares students in such program for a
State credential as a school based mental health services
provider.
(3) High-need local educational agency.--
(A) In general.--The term ``high-need local educational
agency'' means a local educational agency that, as of the
date on which an application is submitted for a grant under
this subtitle--
(i)(I) has a locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary; or
(II) is in the highest quartile of local educational
agencies, as determined by the State educational agency, in a
ranking of all local educational agencies in the State,
ranked in descending order by the number or 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
(ii) does not meet 2 or more of the following ratios:
(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.
(B) ESA.--The term ``high-need local educational agency''
includes an educational service agency acting on behalf of 1
or more local educational agencies described in subparagraph
(A).
(4) Indian tribe.--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. 5131).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education that is an eligible institution under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(6) School-based mental health partnership.--The term
``school-based mental health partnership'' means a
partnership that--
(A) is between an eligible institution and 1 or more local
educational agencies;
(B) prepares students enrolled in the eligible institution
to obtain a State credential as a school-based mental health
services provider; and
(C) is designed to increase the number or diversity of
school-based mental health services providers in schools
served by local educational agencies in order to meet
recommended ratios of students to full-time equivalent
school-based mental health services providers in those
schools, such as by--
(i) recruiting, preparing, or respecializing students
enrolled in the eligible institution's school-based mental
health provider program of study to obtain a State credential
as, and to be employed as, a school-based mental health
services provider;
(ii) expanding supervised opportunities for students
enrolled in such program of study to complete required field
work, credit hours, internships, or related training in order
to meet State credentialing requirements as a school-based
mental health services provider in schools served by a local
educational agency; and
(iii) recruiting and retaining graduates of eligible
institutions who have obtained a State credential as a
school-based mental health services provider, to provide
school-based mental health services related to prevention,
early identification, and individualized intervention in
schools served by a local educational agency.
(7) 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. 1099C. STRENGTHENING THE PIPELINE OF SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS.
(a) Purpose.--The purpose of this section is to increase
the number or diversity of school counselors, school social
workers, school psychologists, and other school-based mental
health services providers to serve students enrolled in
schools served by local educational agencies.
(b) Authorization of Grants.--
(1) In general.--From amounts made available to carry out
this section and not reserved under paragraph (2), the
Secretary shall award grants, on a competitive basis, to
eligible institutions to support school-based mental health
partnerships, in accordance with subsection (d).
(2) Reservations.--From the total amount made available to
carry out this section for any fiscal year, the Secretary
shall reserve not more than 2 percent to support program
administration, technical assistance, data collection, and
dissemination of best practices under 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 if the eligible institution demonstrates to the
Secretary that the eligible institution is effectively using
funds to significantly expand the pipeline of school
counselors, school social workers, school psychologists, and
other mental health professionals who meet State
credentialing standards as a school-based mental health
services provider.
(4) Geographic diversity.--In awarding grants under
paragraph (1), the Secretary shall ensure that, to the extent
practicable and in accordance with paragraph (6), grants are
distributed among eligible institutions that will serve
geographically diverse areas, including urban, suburban, and
rural areas.
(5) Sufficient size and scope.--Each grant awarded under
this section shall be of sufficient size and scope to allow
the grantee to carry out the purpose of this section.
(6) Priorities.--In awarding grants under paragraph (1),
the Secretary shall give priority to--
(A) minority-serving institutions, including historically
Black colleges and universities (defined as ``part B
institutions'' under section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061) and Tribal Colleges or Universities
(as defined in section 316 of such Act (20 U.S.C. 1059c));
and
(B) eligible institutions that seek to form a school-based
mental health partnership with a high need local educational
agency.
(7) Timeline.--In carrying out the competitive process
described in paragraph (1), the Secretary shall--
(A) to the greatest extent practicable, ensure that an
eligible institution receives not less than 90 days to submit
an application described in subsection (c); and
(B) to the greatest extent practicable, provide technical
assistance to eligible institutions and to local educational
agencies that are or may be part of a school-based mental
health partnership, in applying for grants under this
section, including by--
(i) disseminating the application under this section to all
State educational agencies and providing guidance, to the
extent practicable, to ensure accurate identification of
local educational agencies that may participate in a school-
based mental health partnership;
(ii) supporting eligible institutions in identifying
prospective local educational agencies with whom to partner
in a school-based mental health partnership that may be
supported by a grant under this section;
(iii) provide timely notice about the competitive process
under this section, on the same day that a notice inviting
applications is published in the Federal Register;
(iv) making publicly available templates for sample letters
of intent described in subsection (c)(5) and model
application materials on the same day that a notice inviting
applications is published in the Federal Register; and
(v) addressing questions or concerns from the field in a
timely manner, as well as offering multiple opportunities,
webinars, or other efforts to engage eligible institutions
and local educational agencies that are or may be part of a
school-based mental health partnership with an eligible
institution.
(c) Application.--An eligible institution 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 shall
include--
(1) a description of the prevalent mental health or
substance use and misuse concerns facing students enrolled in
schools served by local educational agencies that will be
part of the school-based mental health partnership (referred
to in this section as ``participating local educational
agencies''), and, if applicable, challenges related to high
rates of chronic absenteeism in those schools;
(2) the extent to which the proposed school-based mental
health partnership will address the challenges described in
paragraph (1);
(3) a description of how the eligible institution will
increase the number or diversity of school-based mental
health services providers in participating local educational
agencies through the establishment and operation of a school-
based mental health partnership, including a description of
such partnership's strategies to--
(A) recruit, prepare, respecialize, retrain, or diversify
the students enrolled in school-based mental health programs
of study in order to help such students to obtain a State
credential and be employed as school-based mental health
services providers in schools served by local educational
agencies; and
(B) provide supervised opportunities to place students
enrolled in the eligible institution in schools served by a
participating local educational agency to complete required
field work, credit hours, internships, or related training to
meet State credentialing requirements as a school-based
mental health services provider, including a description of
the factors the partnership will consider when determining
the schools in which to place those students;
(4) a description of how the school-based mental health
partnership will increase the capacity of participating local
educational agencies to provide evidence-based comprehensive
school-based mental health services, accessible to all
students, to address the concerns described in paragraph (1),
and, if applicable, how such services will best meet the
diverse population of students to be served;
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(5) if applicable, a description of how the school-based
mental health partnership will collaborate with State,
regional, and local public health agencies (including mental
health agencies), the State Medicaid agency, child welfare
agencies, or other related public and private agencies that
provide mental health services to support the activities of
the school-based mental health partnership; and
(6) a preliminary letter of intent, signed by each eligible
institution and each participating local educational agency
in the school-based mental health partnership described in
paragraph (3), that details the financial, programmatic, and
long-term commitment of the institution or agency, with
respect to the strategies described in the application.
(d) Use of Funds.--An eligible institution that receives a
grant under subsection (b)(1) shall use such funds to
establish and operate the school-based mental health
partnership described in subsection (c)(3) to increase the
number or diversity of school-based mental health services
providers and support the recruitment, preparation,
respecialization, retraining, or diversification of students
enrolled in school-based mental health programs of study, in
order to help such students to obtain a State credential and
be employed as school-based mental health services providers
in schools served by local educational agencies, by engaging
in 1 or more of the following:
(1) Establishing a new, or expanding an existing, program
of study in school psychology, school counseling, school
social work, or another school-based mental health field that
prepares students to obtain a State credential and be
employed as a school-based mental health services provider.
Funds may be used to--
(A) support recruitment and retention of new or additional
faculty;
(B) purchase training materials;
(C) develop and disseminate materials to recruit potential
students;
(D) offer financial support to enrolled students; or
(E) carry out any other activity necessary to establish or
expand such a program of study.
(2) Expanding supervised opportunities for students
enrolled in school-based mental health programs of study to
be placed in schools served by a participating local
educational agency in order to complete required field work,
credit hours, internships, or related training required to
obtain a State credential as a school-based mental health
service provider.
(3) Developing pathways for staff, particularly diverse and
multilingual staff, of local educational agencies to receive
necessary education and training to obtain a credential as a
school-based mental health services provider.
(4) Supporting activities to diversify the school-based
mental health services provider workforce, including
multilingual school-based mental health services providers.
(5) Providing stipends or other financial assistance for
students enrolled in school-based mental health programs of
study, and supporting required field work, credit hours,
internships, or related training in local educational
agencies.
(6) Supporting collaborations with State, regional, and
local public health agencies (such as State substance abuse
agencies and State mental health agencies), State Medicaid
agencies, community health centers, child welfare agencies,
and other related public and private agencies that provide
mental health services to support activities under this
subsection.
(e) Reporting Requirements.--
(1) Annual report.--Each eligible institution that receives
a grant under subsection (b)(1) shall submit a public 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 institution. Such report shall contain, at a
minimum, the following information:
(A) The number of postsecondary students enrolled in
relevant programs of study operated by the eligible
institution and any increases in student enrollment or
faculty in such programs of study from the prior year.
(B) The number of such postsecondary students supported
under the grant.
(C) If applicable, the number of such eligible institutions
that met their goal of increasing the diversity of school-
based mental health services providers.
(D) The number of such postsecondary students supported
under the grant who were placed in a school served by a
participating local educational agency--
(i) for training; or
(ii) for employment.
(E) The ratios of students to full-time equivalent school-
based mental health services providers, disaggregated by
profession to the extent practicable, at schools served by a
participating local educational agency in the school year
immediately preceding the first year of the grant and in the
most recent year of the grant.
(F) The number of school-based mental health services
providers employed by participating local educational
agencies, disaggregated by the number of such employees who
graduated from an eligible institution and obtained a
credential as and were placed into employment as a school-
based mental health services provider.
(2) Secretary's report.--Not later than 3 years after
receiving the reports described in paragraph (1), and every 2
years thereafter, the Secretary shall submit a report 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 and make the report publicly
available in a clear and easily accessible format on the
website of the Department of Education. Such report shall
include a summary of the reports submitted by eligible
institutions and identify best practices related to--
(A) improving, expanding, and diversifying preparation
programs for school counselors, school psychologists, school
social workers, and other school-based mental health services
providers; and
(B) supporting the recruitment and preparation of school-
based mental health services providers, including effective
respecialization and retraining programs.
(f) Disaggregation of Data.--Disaggregation of data shall
not be required under this section when the number is
insufficient to yield statistically reliable information or
the results would reveal personally identifiable information
about an individual.
(g) Supplement Not Supplant.--Funds made available to an
eligible institution through a grant under this section shall
be used only to supplement and not supplant, any State,
local, or non-Federal funds that would otherwise be used to
carry out the activities described under this section.
(h) Multiple Grants to Single Institution.--In awarding
grants under subsection (b)(1), the Secretary may award
multiple grants to a single eligible institution if the
Secretary determines that--
(1) the eligible institution submitted a high-quality
application for each distinct program of study, such as a
program related to school psychology or school social work;
and
(2) each award would support students enrolled in distinct
programs of study in related school-based mental health
services fields.
(i) Prohibition.--A local educational agency that enters a
school-based mental health partnership with an eligible
institution that receives funds under this section shall not
be eligible to participate in another school-based mental
health partnership with another eligible institution that
receives funds under this section until the original grant
period has ended.
(j) 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. 1099D. SCHOOL-BASED MENTAL HEALTH SERVICES GRANT
PROGRAM.
(a) Purpose.--The purpose of this section is to support
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 schools served by
such agencies.
(b) Authorization of Grants.--
(1) In general.--From amounts made available to carry out
this section and not reserved under paragraph (2), the
Secretary shall award grants, on a competitive basis, to
high-need local educational agencies, in accordance with this
section.
(2) Reservations.--From the total amount made available to
carry out this section 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.--Subject to subparagraph (B), in awarding
grants under paragraph (1), the Secretary shall ensure that,
to the extent practicable, grants are distributed among high-
need local educational agencies that will serve
geographically diverse areas, including urban, suburban, and
rural areas.
(B) Rural local educational agencies.--In awarding grants
under paragraph (1), the Secretary shall ensure that, to the
greatest extent practicable, not less than 30 percent of the
amounts made available to carry out this section that remain
after making reservations under paragraph (2) are awarded to
high-quality applications submitted by high-need local
educational agencies to support rural high-need local
educational agencies described in section 1099B(3)(A)(i)(I).
(5) Sufficient size and scope.--Each grant awarded under
paragraph (1) shall be of sufficient size and scope to allow
the high-need local educational agency receiving the grant to
carry out the purpose of this section.
(6) Timeline.--In carrying out the competitive process
under this subsection, the Secretary shall--
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(A) to the greatest extent practicable, ensure that high-
need local educational agencies have not less 90 days to
submit an application;
(B) to the greatest extent practicable, send a
communication to every high-need local educational agency
containing notice of the application and the award deadline;
and
(C) to the greatest extent practicable, provide technical
assistance to high-need local educational agencies, including
by--
(i) addressing questions or concerns from the field in a
timely manner, as well as offering multiple opportunities,
webinars, or other efforts to engage local educational
agencies about the application process; and
(ii) publishing not less than 3 examples of grant
applications from geographically diverse locales, including
not less than 1 such example from a rural high-need local
educational agency described in section 1099B(3)(A)(i)(I).
(c) Application.--A high-need local educational 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 the high-need local educational agency,
and, if applicable, challenges related to high rates of
chronic absenteeism in those schools;
(2) a description of the current shortage of school-based
mental health services providers in schools served by the
high-need local educational agency 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 schools served by the
high-need local educational agency to be served under the
grant;
(4) if applicable, a description of the high-need local
educational agency's plan to increase the capacity of
educators, school leaders, school-based mental health
services providers, and other relevant staff to address the
needs described in paragraph (1); and
(5) 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.--
(1) Recruiting, hiring, and retaining school-based mental
health services providers.--A high-need local educational
agency that receives a grant under subsection (b)(1) shall
use such funds to carry out 1 or more of the following:
(A) Implementing strategies to recruit school-based mental
health services providers in schools served by high-need
local educational agencies to help mitigate shortages of such
providers, such as--
(i) salary stipends or other financial incentives;
(ii) relocation benefits; and
(iii) opportunities for continuing professional
development.
(B) Hiring school-based mental health services providers
to--
(i) provide school-based mental health services to students
enrolled in schools served by high-need local educational
agencies; and
(ii) implement evidence-based practices to improve school
climate to support positive student mental health.
(C) Implementing strategies to retain school-based mental
health services providers in schools served by high-need
local educational agencies, which may include providing--
(i) incentives described in subparagraph (A); and
(ii) ongoing professional development, induction,
mentorship, or peer support for school-based mental health
services providers.
(2) Additional uses.--In addition to the activities
described in paragraph (1), a high-need local educational
agency that receives a grant under subsection (b)(1) may also
use such funds to increase the capacity of the high-need
local educational agency to address student needs described
in subsection (c)(1), through activities that may include--
(A) providing professional development to school-based
mental health services providers, teachers, principals, other
school leaders, specialized instructional support personnel,
paraprofessionals, other staff employed by each high-need
local educational agency, and to the extent practicable,
families, related to--
(i) meeting the needs of students at elevated risk of
suicide, mental health concerns, or substance use and misuse;
(ii) implementation of evidence-based school-based mental
health services with high fidelity, including such services
related to--
(I) prevention, early identification, and individualized
intervention;
(II) addressing substance use and misuse; and
(III) preventing and eliminating any existing stigma in
accessing such services;
(iii) mitigating indirect or secondary trauma experienced
by staff employed by the high-need local educational agency
and implementing evidence-based programs to promote mental
health among such staff;
(iv) supporting school-based mental health services
providers qualified to support students in languages other
than English and children with disabilities;
(v) understanding when and how to refer a student to a
school-based mental health services provider;
(vi) supporting the use of evidence-based practices to
address student mental health needs; and
(vii) addressing chronic absenteeism;
(B) supporting high-need local educational agencies in
billing and accessing reimbursements under the Medicaid
program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the Children's Health Insurance Program
under title XXI of the Social Security Act (42 U.S.C. 1397aa
et seq.); or
(C) other activities that support the development and
implementation of innovative strategies to increase access to
school-based mental health services in schools served by
high-need local educational agencies, which may include
increasing access to school-based mental health services
provided through telehealth, including ensuring any services
provided through telehealth are accessible for children with
disabilities.
(e) Disaggregation of Data.--Disaggregation of data shall
not be required under this section when the number is
insufficient to yield statistically reliable information or
the results would reveal personally identifiable information
about an individual.
(f) Reporting Requirements.--
(1) Reporting.--Each high-need local educational 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 high-need local educational agency. Such report shall
contain any information required by the Secretary and, at a
minimum, the following:
(A) 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--
(i) the number of each type of such providers who was
recruited, hired, or retained, with support under this grant;
and
(ii) the demographics of such providers.
(B) The ratio of students to school-based mental health
services providers in schools served by 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.
(C) 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.
(D) A description of the strategies used by high-need local
educational agencies served under the grant to implement
innovative evidenced-based strategies to increase access to
school-based mental health services and to improve school
climate for students enrolled in schools served by such
agencies.
(2) Secretary's reports.--
(A) In general.--Not later than 3 years after receiving the
reports described in paragraph (1), and every 2 years
thereafter, the Secretary shall submit a report 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 that--
(i) includes a summary of the reports submitted by grant
recipients under paragraph (1);
(ii) identifies effective practices related to the
activities supported by the grant program under this section;
and
(iii) includes an analysis of whether the recipient carried
out its plan described in subsection (c)(3).
(B) Publicly available.--Not later than 1 month after
submitting a report described in subparagraph (A), the
Secretary shall publish such report in a clear and easily
accessible format on the website of the Department of
Education.
(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. 1099E. RULE.
The requirements of section 4001 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101) shall apply
to an eligible institution, local educational agency, or
educational service agency receiving a grant under this
subtitle, or participating in a program that receives funds
under this subtitle, in the same manner as those requirements
apply to an entity receiving an award under title IV of such
Act.
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