[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47159-47167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16556]


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DEPARTMENT OF EDUCATION

RIN 1810-AB67

34 CFR Chapter II

[Docket ID ED-2022-OESE-0094]


Proposed Priorities, Requirements, and Definitions--Mental Health 
Service Professional Demonstration Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed priorities, requirements, and definitions.

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[[Page 47160]]

SUMMARY: The Department of Education (Department) proposes priorities, 
requirements, and definitions under the Mental Health Service 
Professional Demonstration Grant Program, Assistance Listing Number 
84.184X. We may use one or more of these priorities, requirements, and 
definitions for competitions in fiscal year (FY) 2022 and later years. 
We propose priorities, requirements, and definitions designed to 
provide competitive grants to support and demonstrate innovative 
partnerships to train school-based mental health services providers (as 
defined in section 4102 of the Elementary and Secondary Education Act 
of 1965, as amended (ESEA)) for employment in schools and local 
educational agencies (LEAs). The goal of the program is to increase the 
number of high-quality, trained providers to address the shortages of 
mental health services professionals in schools served by high-need 
LEAs.

DATES: We must receive your comments on or before September 1, 2022.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at www.regulations.gov. However, if you require an accommodation 
or cannot otherwise submit your comments via regulations.gov, please 
contact the program contact person listed under FOR FURTHER INFORMATION 
CONTACT. The Department will not accept comments by fax or by email, or 
comments submitted after the comment period closes. To ensure that the 
Department does not receive duplicate copies, please submit your 
comments only once. In addition, please include the Docket ID at the 
top of your comments.
    The Department strongly encourages you to submit any comments or 
attachments in Microsoft Word format. If you must submit a comment in 
Adobe Portable Document Format (PDF), the Department strongly 
encourages you to convert the PDF to ``print-to-PDF'' format, or to use 
some other commonly used searchable text format. Please do not submit 
the PDF in a scanned format. Using a print-to-PDF format allows the 
Department to electronically search and copy certain portions of your 
submissions to assist in the rulemaking process.
     Federal eRulemaking Portal: Please go to 
www.regulations.gov to submit your comments electronically. Information 
on using Regulations.gov, including instructions for finding a rule on 
the site and submitting comments, is available on the site under 
``FAQ.''
    Privacy Note: The Department's policy is to generally make comments 
received from members of the public available for public viewing on the 
Federal eRulemaking Portal at www.regulations.gov. Therefore, 
commenters should include in their comments only information about 
themselves that they wish to make publicly available. Commenters should 
not include in their comments any information that identifies other 
individuals or that permits readers to identify other individuals. If, 
for example, your comment describes an experience of someone other than 
yourself, please do not identify that individual or include information 
that would allow readers to identify that individual. The Department 
will not make comments that contain personally identifiable information 
(PII) about someone other than the commenter publicly available on 
www.regulations.gov for privacy reasons. This may include comments 
where the commenter refers to a third-party individual without using 
their name if the Department determines that the comment provides 
enough detail that could allow one or more readers to link the 
information to the third party. If your comment refers to a third-party 
individual, to help ensure that your comment is posted, please consider 
submitting your comment anonymously to reduce the chance that 
information in your comment about a third party could be linked to the 
third party. The Department will also not make comments that contain 
threats of harm to another person or to oneself available on 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Earl Myers, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E244, Washington, DC 20202. 
Telephone: (202) 453-6716. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priorities, requirements, and definitions. To ensure that 
your comments have maximum effect in developing the notice of final 
priorities, requirements, and definitions, we urge you to clearly 
identify the specific section of the proposed priorities, requirements, 
or definitions that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from the 
proposed priorities, requirements, and definitions. Please let us know 
of any further ways we could reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the program.
    During and after the comment period, you may inspect all public 
comments about the proposed priorities, requirements, and definitions 
by accessing Regulations.gov. You may also inspect the comments in 
person. Please contact the person listed under FOR FURTHER INFORMATION 
CONTACT to make arrangements to inspect the comments in person.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for the proposed priorities, requirements, and 
definitions. If you want to schedule an appointment for this type of 
accommodation or auxiliary aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The Mental Health Service Professional 
Demonstration Grant Program provides competitive grants to support and 
demonstrate innovative partnerships to train school-based mental health 
services providers for employment in schools and LEAs. The goal of this 
program is to increase the number of high-quality, trained providers to 
address the shortages of mental health services professionals in 
schools served by high-need LEAs. The partnerships must include (1) one 
or more high-need LEAs or a State educational agency (SEA) on behalf of 
one or more high-need LEAs; and (2) one or more eligible institutions 
of higher education (IHE). Partnerships must provide opportunities to 
place postsecondary graduate students in school-based mental health 
fields into high-need schools served by the participating high-need 
LEAs to complete required field work, credit hours, internships, or 
related training, as applicable, for the degree, license, or credential 
program of each student. In addition to the placement of graduate 
students, grantees may also develop mental health career pathways as 
early as secondary school, through career and technical education 
opportunities, or through paraprofessional support degree programs at 
local community or technical colleges.
    Program Authority: Section 4631(a)(1)(B) of the Elementary and

[[Page 47161]]

Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7281).

Proposed Priorities

    This document contains three proposed priorities. We may apply one 
or more of these priorities in any year in which this program is in 
effect.
    Background:
    Like good physical health, positive mental health promotes success 
in life. As defined by the Centers for Disease Control and Prevention 
(CDC), ``Mental health includes our emotional, psychological, and 
social well-being. It affects how we think, feel, and act. It also 
helps determine how we handle stress, relate to others, and make 
healthy choices. Mental health is important at every stage of life, 
from childhood and adolescence through adulthood.'' \1\
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    \1\ Centers for Disease Control and Prevention. https://www.cdc.gov/mentalhealth/learn/index.htm. Accessed on June 29, 2022.
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    Support for the mental health of children and youth advances 
educational opportunities by creating conditions where students can 
fully engage in learning. The Novel Coronavirus Disease 2019 (COVID-19) 
pandemic presented additional challenges to the well-being of children 
and youth. The disruption to routines, relationships, and the learning 
environment has led to increased stress and trauma, social isolation, 
and anxiety that can have both immediate and long-term adverse impacts 
on the physical, social, emotional, and academic well-being of children 
and youth.\2\ These challenges have only exacerbated existing 
challenges facing children and youth and have heightened the need to 
increase access to qualified school-based mental health services 
providers.
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    \2\ ``Fact Sheet: President Biden to Announce Strategy to 
Address Our National Mental Health Crisis, As Part of Unity Agenda 
in his First State of the Union.'' The White House. https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/01/fact-sheet-president-biden-to-announce-strategy-to-address-our-national-mental-health-crisis-as-part-of-unity-agenda-in-his-first-state-of-the-union/. Accessed June 29, 2022.
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    The Mental Health Service Professional Demonstration Grant program 
is designed to address several barriers to increasing mental health 
support for children and youth in our schools. First, there is a 
significant shortage of qualified school-based mental health services 
providers in all types of schools, whether urban, rural, or suburban, 
or elementary, middle, or high schools. Qualified professionals may 
need training and skill sets that include the capacity to conduct 
behavioral health assessments, identify youth who may need additional 
supports or pose a serious threat to themselves or others, and provide 
evidence-based interventions, particularly related to trauma- and 
grief-informed care. Qualified providers may also need to assist in the 
development of school environments and activities that promote 
behavioral wellness and foster resilience. According to recent national 
data, the ratios of students to providers are significantly greater 
than what experts recommend:
    (1) The student-to-counselor ratio is 415:1, compared to the 
recommended ratio of 250:1 by the American School Counselor 
Association; \3\ and
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    \3\ ``School Counselor Roles and Ratios.'' American School 
Counselor Association Home Page. https://www.schoolcounselor.org/About-School-Counseling/School-Counselor-Roles-Ratios. Accessed June 
29, 2022.
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    (2) The student-to-psychologist ratio is estimated at 1211:1, with 
some States approaching a ratio of 5000:1, compared to the recommended 
ratio of 500:1 for providing comprehensive school psychological 
services by the National Association of School Psychologists.\4\
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    \4\ ``Research Summary: Shortages in School Psychology.'' 
National Association of School Psychologists. https://www.nasponline.org/research-and-policy/policy-priorities/critical-policy-issues/shortage-of-school-psychologists. Accessed March 28, 
2022.
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    Second, in mental health services provider preparation and 
professional development programs, there is a need to expand 
pedagogical practices that prepare providers to create culturally and 
linguistically inclusive and identity-safe environments for students 
when providing services. In particular, the public stigmatization 
associated with mental health care, which can lead to fewer children 
and adolescents being willing to access care even when it is available, 
makes inclusive service environments even more important for 
underserved groups.\5\
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    \5\ ``Protecting Youth Mental Health'' https://www.hhs.gov/sites/default/files/surgeon-general-youth-mental-health-advisory.pdf. U.S. Surgeon General's Advisory. Accessed June 17, 
2022.
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    Third, there is a need for greater diversity in the profession, 
including more school-based mental health services providers from 
diverse backgrounds or from the communities they serve.\6\ Like the 
inclusive pedagogical practices described above, diversifying the 
pipeline of candidates is critical to improving access to and 
utilization of services for all students.
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    \6\ ''Demographics of the U.S. Psychology Workforce'' https://www.apa.org/workforce/data-tools/demographics. American 
Psychological Association. Accessed July 13, 2022.
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    In response to these barriers, the Department is proposing three 
priorities for the Mental Health Service Professional Demonstration 
Grant Program that aim to increase the number of school based mental 
health services providers, increase the number of providers from 
diverse backgrounds or from the communities they serve, and ensure that 
all providers are trained in inclusive practices, including supporting 
providers in ensuring access to services for children and youth who are 
English learners. Additionally, the Department proposes application 
requirements for the program, one of which requires applicants to 
describe how they will leverage available Federal, State, and local 
resources to achieve project goals and objectives. Specifically, the 
Department encourages applicants to utilize the American Rescue Plan's 
(ARP's) historic investment in children and youth by using available 
ARP funds in conjunction with other Federal, State, and local funds and 
Mental Health Service Professional Demonstration Grant Program funds to 
make investments that will create permanent support for an adequate 
pipeline of trained and diverse providers well beyond the life of the 
project.
    In addition to the competition under the Mental Health Service 
Professional Demonstration Grant Program described in this document, 
the Department is conducting a second grant competition this fiscal 
year also focused on school-based mental health services providers. The 
School-Based Mental Health Services Grant (SBMH) program provides 
competitive grants to SEAs, LEAs, and consortia of LEAs to increase the 
number of qualified mental health services providers providing school-
based mental health services to students in LEAs with demonstrated 
need. For more information about the SBMH program, visit the 
Department's website at: https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/school-based-mental-health-services-grant-program/. Together these two programs are intended to provide 
timely and necessary support to LEAs by increasing the number of 
school-based mental health services providers.
    Proposed Priorities:
    Proposed Priority 1--Expand Capacity of High-need LEAs.
    Projects that propose to expand the capacity of high-need LEAs (as 
defined in this notice) in partnership with IHEs to train school-based 
mental health services providers (as defined in this notice), with the 
goal of expanding the number of these professionals available to 
address the shortages of school-based mental health services providers 
in high-need schools.
    To meet this priority, the applicant must propose a school-based 
mental health partnership (as defined in this

[[Page 47162]]

notice) to place the IHE's graduate students in mental health services 
fields into schools served by the participating high-need LEAs for the 
purpose of completing required field work, credit hours, internships, 
or related training as applicable for their degree, license, or 
credential program.
    Proposed Priority 2--Increase the Number of Qualified School-Based 
Mental Health Services Providers in High-Need LEAs Who Are from Diverse 
Backgrounds or from communities Served by the High-Need LEAs.
    Projects that propose to increase the number of qualified school-
based mental health services providers in high-need LEAs who are from 
diverse backgrounds or who are from communities served by the high-need 
LEAs.\7\
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    \7\ All strategies to increase the diversity of providers must 
comply with applicable Federal civil rights laws, including Title VI 
of the Civil Rights Act of 1964.
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    Applicants must describe how their proposal to increase the number 
of school-based mental health services providers who are from diverse 
backgrounds or who are from the communities served by the high-need LEA 
will help increase access to mental health services for students within 
the high-need LEA and best meet the mental health needs of the diverse 
populations of students to be served.
    Proposed Priority 3--Promote Inclusive Practices.
    Projects that propose to provide pedagogical practices in mental 
health services provider preparation programs or professional 
development programs that are inclusive with regard to race, ethnicity, 
culture, language, disability, and for students who identify as 
LGBTQI+, and that prepare school-based mental health services providers 
to create culturally and linguistically inclusive and identity-safe \8\ 
environments for students when providing services.
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    \8\ An identity-safe enviornment is a place where every student 
feels physically and emotionally safe. Perceptions of safety often 
differ across different groups of students, and each intervention 
and support measure should be designed to ensure the safety and 
belonging of all students.
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    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Proposed Requirements

    The Department proposes the following program requirement and 
application requirements for this program. We may apply one or more of 
these requirements in any year in which the program is in effect.
    Proposed Program Requirement:
    Eligible Applicants:
    Eligible applicants for this program are high-need LEAs, SEAs on 
behalf of one or more high-need LEAs, and IHEs. High-need LEA 
applicants and SEA applicants on behalf of one or more high-need LEAs 
must propose to work in partnership with an eligible institution of 
higher education (eligible IHE), which may include institutions that 
serve diverse learners such as partnerships with a Historically Black 
College or University, Tribal College or University, and other Minority 
Serving Institutions. Eligible IHE applicants must propose to work in 
partnership with one or more high-need LEAs or an SEA.
    Proposed Application Requirements:
    (a) Identification of schools to be served by the proposed project.
    Applicants must identify or describe how they will identify the 
high-need schools to be served in each high-need LEA that is part of 
the school-based mental health partnership.
    (b) A description of the nature and magnitude of the problem.
    Applicants must describe how the lack of school-based mental health 
services providers is specifically affecting students in the high-need 
schools to be served by project activities. Applicants must describe 
the nature of the problem for the LEA, based on information including, 
but not limited to, the most recent available ratios of school-based 
mental health services providers to students enrolled in the schools in 
each high-need LEA that is part of the school-based mental health 
partnership (in the aggregate and disaggregated by profession (e.g., 
social workers, school psychologists)). The description may also 
include LEA and school-level demographic data, including chronic 
absenteeism and discipline data, school climate surveys, school 
violence/crime data, data related to suicide rates, and descriptions of 
barriers to hiring and retaining services providers in the LEA.
    (c) A plan to enhance LEA capacity to provide mental health 
services to students.
    Applicants must describe the specific activities they will conduct 
to expand and improve LEA capacity to provide mental health services to 
students in high-need LEAs and ensure that students receive 
appropriate, evidence-based (as defined in section 8101 of the ESEA), 
and culturally and linguistically inclusive mental health services. To 
meet this requirement, the applicant must propose a school-based mental 
health partnership (as defined in this notice) established for the 
purpose of placing the IHE's graduate students in school-based mental 
health fields into high-need schools served by the participating high-
need LEAs to complete required field work, credit hours, internships, 
or related training as applicable for the degree, license, or 
credential program of each student. If the applicant intends to 
establish a program that directly benefits an individual graduate 
student, such as through a stipend or tuition credit, the applicant 
must describe its approach to implementing a service obligation for 
such graduate student as a school-based mental health services provider 
in a high-need LEA commensurate with the level of support the graduate 
student receives.
    (d) A Memorandum of Understanding (MOU), a Memorandum of Agreement 
(MOA), or Letter of Agreement between the LEA or SEA, and the IHE.
    Applicants must include with their application an MOU, MOA, or 
letter of agreement that is signed by the authorized representatives of 
the LEA or SEA, and the IHE. The MOU, MOA, or letter of agreement must 
provide details regarding the roles and responsibilities of each entity 
in the partnership, to include a description of how the partnership 
will place graduate students into high-need schools served by the 
participating high-need LEAs to complete required field work, credit 
hours, internships, or related training, as applicable, for the degree, 
license, or credential program of each student. The MOU, MOA, or letter 
of agreement must also include the estimated number of mental health 
services providers that will be placed into employment in high-

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need schools and high-need LEAs on an annual basis.
    (e) A plan for collaboration and coordination with related Federal, 
State, and local initiatives.
    Applicants must propose a plan that describes one or more of the 
following:
    (1) How they will collaborate with at least one State and one local 
professional organization (to include a regional professional 
organization, if appropriate), such as a school social worker 
association, school psychologist association, or school counselor 
association;
    (2) The activities to be carried out in coordination with regional 
and local mental health, public health, child welfare, and other 
community agencies, which may include school-based health centers, to 
achieve the plan goals and objectives of establishing a pipeline 
program to train and expand the capacity of school-based mental health 
services providers in high-need LEAs;
    (3) How they will leverage other available Federal, State, and 
local resources to achieve project goals and objectives and sustain 
investments beyond the life of the project. Applicants must identify 
these other available resources and describe how they will be used to 
promote success across programs; and
    (4) How they will use the Mental Health Service Professional 
Demonstration Grant Program funds to expand and enhance existing 
efforts, or put in place new measures to increase the number of 
qualified school-based mental health services providers to be employed 
by eligible schools and LEAs qualified to provide school-based mental 
health services.
    Evidence of collaboration and coordination described in paragraphs 
(e)(1) and (2) must be provided through letters of support or MOAs/MOUs 
from State or local organizations or agencies, where applicable.
    (f) A description of the process to identify students for mental 
health services.
    Applicants must describe the specific process and activities they 
will use to ensure students in high-need LEAs who need school-based 
mental health services are properly identified, assessed, and provided 
the appropriate school-based mental health services. To meet this 
requirement, applicants must also describe how they will ensure that 
services are evidence-based and inclusive with regard to race, 
ethnicity, culture, language, disability, and for students who identify 
as LGBTQI+, and are accessible to all. Further, applicants must 
describe how LEAs will engage parents and families for the purposes of 
raising awareness about the availability of services and connecting 
students to services.

Proposed Definitions

    The Department proposes to establish definitions of ``eligible 
institution of higher education,'' ``high-need LEA,'' ``high-need 
school,'' ``school-based mental health partnership,'' and ``students/
children from low-income families,'' for use in this program. We may 
apply the definitions in any year in which this program is in effect.
    Eligible institution of higher education means an institution of 
higher education that offers a program of study that leads to a 
master's degree or other graduate degree--
    (a) In school psychology that prepares students in such program for 
the State licensing or certification examination in school-based 
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 prepares students in such program 
for the State licensing or certification examination in school social 
work;
    (d) In another school-based mental health field, including such 
fields as behavioral health aides, school nurses, and clinical 
psychologists employed by the schools or under contract with LEAs to 
provide evaluations, if applicable, that prepares students in such 
program for the State licensing or certification examination; or
    (e) In any combination of study described in paragraphs (a) through 
(d).
    High-need LEA means a local educational agency--
    (a)(1) For which at least 20 percent of the children served by the 
agency are children from low-income background;
    (2) That serves at least 10,000 children from low-income 
backgrounds;
    (3) That meets the eligibility requirements for funding under the 
Small, Rural School Achievement Program under section 56211(b) of the 
Elementary and Secondary Education Act of 1965; or
    (4) That meets the eligibility requirements for funding under the 
Rural and Low-Income School Program under section 56221(b) of the 
Elementary and Secondary Education Act of 1965; and
    (b) For which there is a high student to qualified mental health 
services provider ratio as compared to other LEAs statewide or 
nationally.
    High-need school means a school that, based on the most recent data 
available, meets at least one of the following:
    (a) The school is in the highest quartile of all schools served by 
an LEA ranked in descending order by percentage of students from low-
income families enrolled in such schools, as determined by the LEA 
based on one of the following measures of poverty:
    (1) The percentage of students aged 5 through 17 in poverty counted 
in the most recent census data approved by the Secretary.
    (2) The percentage of students eligible for a free or reduced-price 
school lunch under the Richard B. Russell National School Lunch Act 
based on the most recently available data.
    (3) The percentage of students in families receiving assistance 
under the State program funded under part A of title IV of the Social 
Security Act.
    (4) The percentage of students eligible to receive medical 
assistance under the Medicaid program.
    (5) A composite of two or more of the measures described in 
paragraphs (a)(1) through (4).
    (b) In the case of--
    (1) An elementary school, the school serves students not less than 
60 percent of whom are eligible for a free or reduced-price school 
lunch under the Richard B. Russell National School Lunch Act based on 
the most recently available data; or
    (2) Any other school that is not an elementary school, the other 
school serves students not less than 45 percent of whom are eligible 
for a free or reduced-price school lunch under the Richard B. Russell 
National School Lunch Act based on the most recently available data.
    School-based mental health partnership means the formal 
relationship, established for the purpose of training school-based 
mental health services providers for employment in schools and LEAs, 
between--
    (a) One or more high-need LEAs or an SEA on behalf of one or more 
high-need LEAs; and
    (b) One or more eligible IHEs.
    Students/children from low-income families means students whose 
families meet any of the poverty thresholds established in section 1113 
of the ESEA for the relevant grade level.
    Final Priorities, Requirements, and Definitions:
    We will announce the final priorities, requirements, and 
definitions in a document published in the Federal Register. We will 
determine the final priorities, requirements, and definitions after 
considering responses to the proposed priorities, requirements, and 
definitions and other information available to the Department. This 
document does not preclude us from proposing additional priorities, 
requirements, or definitions, subject to

[[Page 47164]]

meeting applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use the priorities, requirements, and definitions, 
we invite applications through a notice inviting applications in the 
Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
defines a ``significant regulatory action'' as an action likely to 
result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866 
because it has an annual effect on the economy of more than $100 
million. Approximately $145 million are available under this program 
from fiscal year 2022 appropriations actions, and $100 million are 
available each year from fiscal year 2023 to fiscal year 2026.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing the proposed priorities, requirements, and 
definitions only on a reasoned determination that their benefits would 
justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that would maximize net 
benefits. Based on an analysis of anticipated costs and benefits, we 
believe that the proposed priorities, requirements, and definitions are 
consistent with the principles in Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with the Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Potential Costs and Benefits

    The proposed priorities, requirements, and definitions are 
necessary for the implementation of the Mental Health Service 
Professional Demonstration Grant Program consistent with the 
requirements established by Congress in the Department of Education 
Appropriations Act, 2022, and the Explanatory Statement accompanying 
that Act. It is important to note that implementation of the Mental 
Health Service Professional Demonstration Grant Program would almost 
exclusively confer benefits on the recipients of Federal funds subject 
to the proposed priorities, requirements, and definitions, whose 
voluntary participation in the Mental Health Service Professional 
Demonstration Grant Program would entail minimal costs except for those 
paid with Federal funds, and the Paperwork Reduction Act (PRA) section 
of this document discusses the burden estimates for preparing an 
application. This program was established under a statute with broad 
authority and only non-binding report language establishing program 
purpose, eligibility, or requirements; consequently, this rulemaking 
action is necessary to ensure program funds are used for their intended 
purpose. More specifically, the proposed priorities, requirements, and 
definitions would ensure that the Department may collect from 
applicants for Mental Health Service Professional Demonstration Grant 
Program funding the information necessary for competitive review of 
applications by peer reviewers, and to fund high-quality applications 
that will lead to the implementation of projects consistent with 
Congressional intent. Absent this rulemaking action, there is no 
alternative means of meeting these objectives.
    The specific benefits of establishing a menu of proposed priorities 
include ensuring that funds are used consistent with Congressional 
intent and providing flexibility to the Department for supporting 
multiple strategies designed to address the shortage of mental health 
services providers in schools. The first strategy, embedded in proposed 
priority 1, is to focus grant activities on the expansion of school-
based mental health services providers on high-need LEAs. The 
definition of high-need LEA, incorporated into these priorities, was 
crafted to provide flexibility for an LEA to show need in various ways, 
including through poverty rates or size. Although the total number of 
LEAs is large (over 13,000 in school year 2018-19), the available 
funding will only support a limited number of multi-year projects. 
Absent the targeting of Mental Health Service Professional 
Demonstration Grant Program funds to high-need LEAs, the program may 
allocate scarce Federal resources to high-capacity LEAs that already 
meet the mental health needs of

[[Page 47165]]

their students. Moreover, ensuring that funds are targeted to high-need 
LEAs was a requirement of the fiscal year 2019 Mental Health Service 
Professional Demonstration Grant Program competition, and Congress 
directed the Department, through the Explanatory Statement accompanying 
the Department of Education Appropriations Act, 2022, to incorporate 
the same requirement into the fiscal year 2022 Mental Health Service 
Professional Demonstration Grant Program competition.
    Proposed priority 2 supports a strategy for expanding the workforce 
of school-based mental health services providers. Currently, the 
psychology \9\ and school counselor \10\ workforces are significantly 
less diverse than the student population.\11\ Increasing the number of 
qualified school-based mental health services providers who are from 
diverse backgrounds and from communities served by the high-need LEAs, 
and who can provide culturally and linguistically appropriate services, 
would expand not only the numbers of these providers but also provide 
better access to and improve the quality of mental health services 
available to students. This priority has the additional benefit of 
promoting equity for students, in keeping with the Administration's 
agenda \12\ and the Department's mission to support equity and 
excellence.
    Proposed priority 3 seeks to increase the number of school-based 
mental health services providers who can provide services that are 
culturally and linguistically inclusive and identity-safe environments 
for students. Given the diversity of the student population, every 
school-based mental health services provider should be able to 
implement inclusive practices and be able to provide services to any 
and all students. This priority also supports the Administration's 
equity agenda and the Department's mission to support equity and 
excellence.
    The Department believes that this proposed regulatory action would 
not impose significant costs on eligible entities, whose participation 
in our programs is voluntary, and whose costs can generally be covered 
with grant funds. As a result, the proposed priorities, requirements, 
and definitions would not impose a significant burden, except when an 
entity voluntarily elects to apply for a grant. Moreover,the Department 
believes the benefits associated with the grant application would 
outweigh any associated costs.
    The Paperwork Reduction Act (PRA) section of this document 
discusses the burden estimates for preparing an application. The 
potential benefits of receiving Federal funds under this program to 
expand the pool of and hire school-based mental health services 
providers will likely outweigh the application costs detailed in the 
PRA section. The costs of implementing the requirements established in 
this notice generally can be paid for with grant funds. Moreover, even 
an unsuccessful applicant may benefit from the effort of preparing an 
application, such as conducting deep data analysis about the needs in 
their LEA or developing partnerships with IHEs that lead to other 
projects.

Regulatory Alternatives Considered

    The Department believes that the final priorities, requirements, 
definitions, and selection criteria in this notice are needed to 
administer the program effectively The priorities will enable the 
Department to administer a competitive grant program consistent with 
the intent of Congress as expressed in the Explanatory Statement 
accompanying the Department of Education Appropriations Act, 2022 (Pub. 
L. 117-103), which provided funding for the program in fiscal year 
2022, and the Bipartisan Safer Communities Act (Pub. L. 117-159), which 
provided additional funding for fiscal years 2022 through 2026.

Accounting Statement

    As required by OMB Circular A-4 (available at www.whitehouse.gov/sites/default/files/omb/assets/omb/circulara004/a-4.pdf), in the 
following table we have prepared an accounting statement showing the 
classification of the expenditures associated with the provisions of 
this regulatory action. This table provides our best estimate of the 
changes in annual monetized transfers as a result of this regulatory 
action.
    Expenditures are classified as transfers from the Federal 
Government to LEAs and IHEs.

      Accounting Statement Classification of Estimated Expenditures
                              [In millions]
------------------------------------------------------------------------
                                                Transfers
           Category            -----------------------------------------
                                         3%                   7%
------------------------------------------------------------------------
Annualized monetized transfers              $108.6               $108.6
                               -----------------------------------------
From whom to whom?............  From the Federal government to LEAs and
                                IHEs.
------------------------------------------------------------------------

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand.
---------------------------------------------------------------------------

    \9\ https://www.apa.org/workforce/data-tools/demographics.
    \10\ https://www.schoolcounselor.org/getmedia/9c1d81ab-2484-4615-9dd7-d788a241beaf/member-demographics.pdf.
    \11\ https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment.
    \12\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
---------------------------------------------------------------------------

    The Secretary invites comments on how to make the proposed 
priorities, requirements, and definitions easier to understand, 
including answers to questions such as the following:
     Are the priorities, requirements, and definitions in the 
proposed regulations clearly stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?

[[Page 47166]]

     What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make the 
proposed priorities, requirements, and definitions easier to 
understand, see the instructions in the ADDRESSES section.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Regulatory Flexibility Act Certification

    The Secretary certifies that this proposed regulatory action would 
not have a significant economic impact on a substantial number of small 
entities. The U.S. Small Business Administration Size Standards define 
proprietary institutions as small businesses if they are independently 
owned and operated, are not dominant in their field of operation, and 
have total annual revenue below $7,000,000. Nonprofit institutions are 
defined as small entities if they are independently owned and operated 
and not dominant in their field of operation. Public institutions are 
defined as small organizations if they are operated by a government 
overseeing a population below 50,000.
    The small entities that this proposed regulatory action would 
affect are school districts and IHEs applying for and receiving funds 
under this program. The Secretary believes that the costs imposed on 
applicants by the proposed priorities, requirements, and definitions, 
would be limited to paperwork burden related to preparing an 
application and that the benefits of implementing these proposals would 
outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
proposed priorities, requirements, and definitions would impose no 
burden on small entities in general. Eligible applicants would 
determine whether to apply for funds and have the opportunity to weigh 
the requirements for preparing applications, and any associated costs, 
against the likelihood of receiving funding and the requirements for 
implementing projects under the program. Eligible applicants most 
likely would apply only if they determine that the likely benefits 
exceed the costs of preparing an application. The likely benefits 
include the potential receipt of a grant as well as other benefits that 
may accrue to an entity through its development of an application, such 
as the use of that application to seek funding from other sources to 
address a shortage in mental health providers.

Paperwork Reduction Act

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501 et seq.). This helps ensure that the public 
understands the Department's collection instructions, respondents 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The proposed priorities, requirements, and definitions contain 
information collection requirements. Under the PRA the Department has 
submitted these requirements to OMB for its review.
    A Federal agency may not conduct or sponsor a collection of 
information unless OMB approves the collection under the PRA and the 
corresponding information collection instrument displays a currently 
valid OMB control number. Notwithstanding any other provision of the 
law, no person is required to comply with, or is subject to penalty for 
failure to comply with, a collection of information if the collection 
instrument does not display a currently valid OMB control number.
    In the notice of final priorities, requirements, and definitions we 
will display the control number assigned by OMB to any information 
collection proposed in this document and adopted in the notice of final 
priorities, requirements, and definitions.
    For the years in which the Department holds a Mental Health Service 
Professional Demonstration Grant Program competition, we estimate there 
will be 500 applicants based on prior competitions for the program. We 
estimate that it will take each applicant 40 hours to complete and 
submit the application, including time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. The 
total burden hour estimate for this collection is 20,000 hours. At 
$95.46 per hour (using mean wages for Education and Childcare 
Administrators \13\ and assuming the total cost of labor, including 
benefits and overhead, is equal to 200 percent of the mean wage rate), 
the total estimated cost for 500 applicants to complete the Mental 
Health Service Professional Demonstration Grant Program application is 
approximately $1,909,200.
---------------------------------------------------------------------------

    \13\ See www.bls.gov/oes/current/oes_nat.htm.
---------------------------------------------------------------------------

    The Department is requesting paperwork clearance on the OMB 1810-
xxxx data collection associated with the proposed requirements. That 
request will account for all burden hours and costs discussed within 
this section.
    Consistent with 5 CFR 1320.8(d), the Department is soliciting 
comments on the information collection through this document. Between 
30 and 60 days after publication of this document in the Federal 
Register, OMB is required to make a decision concerning the collections 
of information contained in these proposed priorities, requirements, 
and definitions. Therefore, to ensure that OMB gives your comments full 
consideration, it is important that OMB receives your comments on this 
Information Collection Request by September 1, 2022.
    Comments related to the information collection activities must be 
submitted electronically through the Federal eRulemaking Portal at 
www.regulations.gov by selecting the Docket ID number ED-2022-OESE-0094 
or via postal mail, commercial delivery, or hand delivery by 
referencing the Docket ID number and the title of the information 
collection request at the top of your comment. Comments submitted by 
postal mail or delivery should be addressed to the PRA Coordinator of 
the Strategic Collections and Clearance Governance and Strategy 
Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 
6W208D, Washington, DC 20202-8240.
    Note: The Office of Information and Regulatory Affairs and the 
Department review all comments related to the information collection 
activities posted at www.regulations.gov.

[[Page 47167]]

Collection of Information

----------------------------------------------------------------------------------------------------------------
                                                 Estimated                           Total        Estimated cost
       Information collection activity           number of        Hours per        estimated       at an hourly
                                                 responses         response       burden hours    rate of $95.46
----------------------------------------------------------------------------------------------------------------
Mental Health Service Professional                       500               40           20,000       $1,909,200
 Demonstration Grant Program Application....
----------------------------------------------------------------------------------------------------------------

    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of the Department published in 
the Federal Register, in text or Portable Document Format (PDF). To use 
PDF you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of 
Elementary and Secondary Education.
[FR Doc. 2022-16556 Filed 8-1-22; 8:45 am]
BILLING CODE 4000-01-P