[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47152-47159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16557]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED-2022-OESE-0080]
RIN 1810-AB68


Proposed Priorities, Requirements, and Definitions--School-Based 
Mental Health Services Grant Program

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

ACTION: Proposed priorities, requirements, and definitions.

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SUMMARY: The Department of Education (Department) proposes priorities, 
requirements, and definitions under the School-Based Mental Health 
Services Grant (SBMH) Program, Assistance Listing Number (ALN) 84.184H. 
These proposed priorities, requirements, and definitions are designed 
to direct funds to increase the number of qualified school-based mental 
health services providers (as defined in section 4102 of the Elementary 
and Secondary Education Act of 1965, as amended (ESEA)) in local 
educational agencies (LEAs) with demonstrated need (as defined in this 
document), in order to meet student mental health needs. We may use one 
or more of these priorities, requirements, and definitions in fiscal 
year (FY) 2023 and later years.

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

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at 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. Additionally, 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 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 make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Amy Banks, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E257, Washington, DC 20202. 
Telephone: (202) 453-6704. 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 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 these 
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 Department's programs and activities. Please also 
feel free to offer for our consideration any alternative approaches to 
the subjects addressed by the proposed regulations.
    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 SBMH Program provides competitive grants to 
State educational agencies (SEAs) (as defined in section 8101 of the 
ESEA), LEAs (as defined in section 8101 of the ESEA), and consortia of 
LEAs to increase the number of qualified (i.e., licensed, certified, or 
credentialed, each as defined in this document) mental health services 
providers providing school-based mental health services to students in 
LEAs with demonstrated need.
    Program Authority: Section 4631(a)(1)(B) of the ESEA (20 U.S.C. 
7281).

Proposed Priorities

    This document contains four proposed priorities.
    Background:
    Like good physical health, positive mental health promotes success 
in life. As defined by the Centers for Disease Control and Prevention 
(CDC), ``[m]ental 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\ https://www.cdc.gov/mentalhealth/learn/index.htm.
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    The Novel Coronavirus Disease 2019 (COVID-19) pandemic brought on 
challenges for children and youth that impacted their overall 
emotional, psychological, and social well-being and their ability to 
fully engage in learning. The disruptions in routines, relationships, 
and the learning environment have led to increased stress and trauma, 
social isolation, and anxiety. More than half of parents express 
concern over their children's

[[Page 47153]]

mental well-being.\2\ Moreover, survey data suggests that this crisis 
began long before the arrival of COVID-19. In 2019, one in three high 
school students and half of female students reported persistent 
feelings of sadness or hopelessness, an overall increase of 40 percent 
from 2009.\3\ Emergency department visits for attempted suicide have 
risen 51 percent among adolescent girls.\4\ The need for mental health 
services is particularly acute for our lesbian, gay, bisexual, 
transgender, queer, and intersex (LGBTQI+) students. For example, 
``[the] share of [lesbian, gay, and bisexual (LGB)] high schoolers who 
said their mental health was not good most of the time or always during 
the pandemic was more than double that of heterosexual students (64% 
vs. 30%) . . . [and] about three-quarters of LGB high schoolers (76%) 
said they felt sad or hopeless almost daily for at least two weeks such 
that they stopped doing some of their usual activities, compared with 
37% of heterosexual students.'' \5\
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    \2\ https://www.psychiatry.org/newsroom/news-releases/new-apa-poll-shows-sustained-anxiety-among-americans-more-than-half-of-parents-are-concerned-about-the-mental-well-being-of-their-children.
    \3\ https://www.cdc.gov/nchhstp/dear_colleague/2020/dcl-102320-YRBS-2009-2019-report.html.
    \4\ https://www.nytimes.com/2021/12/07/science/pandemic-adolescents-depression-anxiety.html.
    \5\ https://www.pewresearch.org/fact-tank/2022/04/25/in-cdc-survey-37-of-u-s-high-school-students-report-regular-mental-health-struggles-during-covid-19/.
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    This program is designed to address several barriers to increasing 
mental health support for children and youth in our schools. The first 
barrier is a significant shortage of qualified mental health services 
providers, including in schools.\6\ 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. Second, in mental health services provider 
preparation and professional development programs, there is a lack of 
pedagogical practices that prepare providers to create culturally and 
linguistically inclusive and identity-safe environments. An identity-
safe environment is a place where every student feels physically and 
emotionally safe. Perceptions of safety may differ across subgroups of 
students, and each intervention and support measure should be designed 
to ensure the safety and belonging of all students. Third, the public 
stigmatization associated with mental health care, which often inhibits 
children and adolescents from taking advantage of care even when it is 
available, is compounded for underserved groups.\7\ Fourth, and related 
to the second barrier, is the need for more mental health services 
providers from diverse backgrounds, from the communities they serve, 
and who can provide services in languages other than English.\8\
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    \6\ https://www.edweek.org/leadership/school-counselors-and-psychologists-remain-scarce-even-as-needs-rise/2022/03.
    \7\ https://www.hhs.gov/sites/default/files/surgeon-general-youth-mental-health-advisory.pdf.
    \8\ https://www.apa.org/workforce/data-tools/demographics.
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    In response to these barriers, the Department will make awards in 
FY 2023 under two competitive grants programs that are designed to 
increase the number of qualified school-based mental health services 
providers--the SBMH Program (described in this document) and the Mental 
Health Service Professional Demonstration Grant Program. The Mental 
Health Service Professional Demonstration Grant Program provides 
competitive grants to support and provide examples of effective 
innovative partnerships to train school-based mental health services 
providers for employment in schools and LEAs. For more information 
about the Mental Health Service Professional Demonstration Grant 
program competition, visit the Department's website at: https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/mental-health-service-professional-demonstration-grant-program/. 
Together these two programs are intended to provide timely and 
necessary support to LEAs by increasing the number of qualified school-
based mental health services providers. We are proposing priorities, 
requirements, and definitions for the Mental Health Service 
Professional Demonstration Grant Program in a separate document 
published in the Federal Register.
    The priorities we propose in this document for the SBMH Program are 
intended to address personnel shortages by (1) increasing recruitment 
and retention-related incentives and (2) promoting the respecialization 
and certification of existing mental health services providers to 
qualify them for work in LEAs with demonstrated need. Additionally, the 
Department proposes a priority that seeks to increase the diversity, 
and cultural and linguistic competency, of school-based mental health 
services providers, including competency in providing identity-safe 
services, which the Department believes is essential to addressing the 
mental health needs of all students.
    The Department also is interested in applicants' demonstrated 
capacity to increase access to and sustain school-based mental health 
services beyond the period of Federal funding and support expanded 
access to care by promoting the integration of mental health services 
and supports into schools' in-person and telehealth services options. 
The use of telehealth to address mental health and substance use needs 
rose dramatically during the height of the pandemic and has remained 
above pre-pandemic levels even where COVID-19 has waned. These 
telehealth services have proven both safe and effective, while reducing 
barriers to care.\9\ Telehealth services options also help to address 
provider shortages in rural communities, in part by improving access to 
mental health services providers in such communities.
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    \9\ 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/.
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    Additionally, the Department encourages applicants to plan for ways 
they will leverage available Federal, State, and local resources to 
achieve project goals and objectives.

Proposed Priorities

    The Department proposes the following four priorities for this 
program. Priorities 1 and 3 are only applicable to SEAs. Priority 2 is 
only applicable to LEAs or consortia of LEAs. Priority 4 is applicable 
to all eligible applicants. We may apply one or more of these 
priorities in any year in which this program is in effect.
    Proposed Priority 1--SEAs Proposing to Increase the Number of 
Qualified School-Based Mental Health Services Providers in LEAs with 
Demonstrated Need.
    To meet this priority, an SEA must propose to increase the number 
of qualified school-based mental health services providers by 
implementing plans that address recruitment (defined in this document) 
and retention (defined in this document) of services providers in LEAs 
with demonstrated need. Applicants must propose plans that include both 
of the following:
    (a) Recruitment. An applicant must propose a plan to increase the 
number of qualified services providers serving

[[Page 47154]]

students in LEAs with demonstrated need.
    (b) Retention. An applicant must also propose a plan to increase 
the likelihood that qualified services providers providing services in 
LEAs with demonstrated need remain in such LEAs over time.
    Proposed Priority 2--LEAs or Consortia of LEAs with Demonstrated 
Need Proposing to Increase the Number of Qualified School-Based Mental 
Health Services Providers.
    To meet this priority, an LEA or consortium of LEAs with 
demonstrated need must propose measures to increase the number of 
qualified school-based mental health services providers, including 
plans to address the recruitment and retention of qualified services 
providers in the LEA(s). Applicants must propose plans that include 
both of the following:
    (a) Recruitment. An applicant must propose a plan to increase the 
number of qualified services providers serving students in the LEA(s) 
with demonstrated need.
    (b) Retention. An applicant must also propose a plan to improve the 
likelihood that qualified services providers providing services in the 
LEA(s) with demonstrated need remain in such LEAs over time.
    Proposed Priority 3--SEAs Proposing Respecialization or Additional 
Certification of Existing Mental Health Services Providers to Qualify 
Them for Work in LEAs with Demonstrated Need.
    To meet this priority, an applicant must propose a respecialization 
(defined in this document) or other certification plan that promotes 
the readiness of services providers who already have training as social 
workers, counselors, or psychologists, or in other related fields, by 
supporting incremental training needed to work in an elementary school 
(as defined in section 8101 of the ESEA) or secondary school (as 
defined in section 8101 of the ESEA) and that is designed to increase 
the number of services providers qualified to serve in LEAs with 
demonstrated need.
    Proposed Priority 4--Increasing the Number of Qualified School-
Based Mental Health Services Providers in LEAs with Demonstrated Need 
Who Are from Diverse Backgrounds or from Communities Served by the LEAs 
with Demonstrated Need.
    To meet this priority, applicants must propose a plan to increase 
the number of qualified school-based mental health services providers 
in LEAs with demonstrated need who are from diverse backgrounds or who 
are from communities served by the LEAs with demonstrated need.\10\
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    \10\ 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 LEA with 
demonstrated need will help increase access to mental health services 
for students within the LEA with demonstrated need and best meet the 
mental health needs of the diverse populations of students to be 
served.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, the Department of Education designates the type of each 
priority as absolute, competitive preference, or invitational through a 
notice in the Federal Register. The nature of each type of priority is 
as 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 requirements for this 
program. Proposed application requirement (a) would apply to SEAs only; 
and proposed application requirement (b) would apply to LEAs only. All 
of the remaining proposed requirements would apply to all eligible 
applicants. We may apply one or more of these requirements in any year 
in which the program is in effect.
    Eligible Applicants: One or both of SEAs, as defined in 20 U.S.C. 
7801(49), or LEAs, as defined in 20 U.S.C. 7801(30), including 
consortia of LEAs.
    Proposed Program Requirements:
    (a) Applicants that receive an award under this program must ensure 
that any school-based mental health services provider hired under this 
grant, including any services provider that offers telehealth services, 
is qualified by the State to work in an elementary school or secondary 
school.
    (b) Applicants that receive an award under this program must ensure 
that any school-based mental health services provider offering services 
(including telehealth services) does so in an equitable manner and 
consistent with the Family Educational Rights and Privacy Act (FERPA), 
the Protection of Pupil Rights Amendment (PPRA), the Individuals with 
Disabilities Education Act (IDEA), Section 504 of the Rehabilitation 
Act, and the Americans with Disabilities Act, as well as all other 
applicable Federal, State, and local laws and profession-specific 
ethical obligations.
    Proposed Application Requirements:
    (a) Describe the LEAs with demonstrated need designated by the SEA 
to be served by the proposed project.
    SEA applicants must describe the LEAs with demonstrated need 
designated to benefit from the SBMH program.
    (b) Describe how the LEA, or each LEA in the proposed consortium 
(if applicable), meets the definition of an LEA with demonstrated need.
    To meet this requirement, an LEA applicant or the lead LEA 
submitting an application on behalf of a consortium must describe how 
the LEA or each LEA in the consortium meets the definition of an LEA 
with demonstrated need.
    (c) Describe the importance and magnitude of the problem.
    Applicants must describe the lack of school-based mental health 
services providers and its effect on students in the LEA(s) to be 
served by the grant. This must include a description of the nature of 
the problem for the LEA(s), 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 LEA(s), or for 
SEA applicants, the LEAs designated by the SEA to benefit from the SBMH 
Program. These data must be provided in the aggregate and disaggregated 
by profession (e.g., school social workers, school psychologists, 
school counselors) as compared to local, State, or national data. The 
description may also include LEA-level or school-level demographic data 
(including rates of poverty, rates of chronic absenteeism, percentage 
of students involved in the juvenile justice system, experiencing 
homelessness, or in foster care, and discipline data), school climate 
surveys, school violence/crime data, data related

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to suicide rates, and descriptions of barriers to hiring and retaining 
qualified school-based mental health services providers in the LEA.
    (d) Detailed project budget, including matching funds.
    To promote the sustainability of the school-based mental health 
services, all applicants must include non-Federal matching funds in one 
of the following amounts, as determined by the Secretary in the notice 
inviting applications:
    (1) At least 10 percent of their budgets.
    (2) At least 15 percent of their budgets.
    (3) At least 20 percent of their budgets.
    (4) At least 25 percent of their budgets.
    Budgets must describe how the applicant will meet the matching 
requirement for each budget period awarded under this grant and must 
indicate the source of the funds, such as State, local, or private 
resources. The Secretary may consider decreasing or waiving the 
matching requirement post award, on a case-by-case basis, if an 
applicant demonstrates a significant financial hardship.
    Budgets must also specify the portion of funds that will be used 
for respecialization, if applicable.
    Administrative costs for SEA applicants may not exceed 10 percent 
of the annual grant award. This includes funding for State-level or 
LEA-level administrative costs that promote respecialization, if 
applicable. Administrative costs for LEAs and consortia of LEAs may not 
exceed 5 percent of the annual grant award.
    (e) Number of providers.
    Applicants must include the most recent available data on the 
number of school-based mental health services providers in the 
identified LEA(s), disaggregated by profession (e.g., school social 
workers, school psychologists, school counselors), and the projected 
number of school-based mental health services providers that will be 
placed into employment in the identified LEA(s) for each year of the 
plan using funds from this grant or matching funds, including the 
unduplicated number of school-based mental health services providers 
offering telehealth services, as appropriate.
    (f) A plan for collaboration and coordination with related Federal, 
State, and local organizations and initiatives.
    Applicants must propose a plan describing how they will (1) 
collaborate with at least one State, regional, or local organization, 
such as school social worker associations, school psychologist 
associations, school counselor associations, or colleges or 
universities, and (2) coordinate with regional or local mental health, 
public health, child welfare, and other community agencies, which may 
include school-based health centers, to achieve plan goals and 
objectives of increasing the number of school-based mental health 
services providers in LEAs with demonstrated need. Applicants may also 
describe proposed coordination with existing federally funded efforts 
related to elementary and secondary school counseling and mental health 
promotion, including Medicaid, if applicable. If such coordination will 
occur, applicants must identify which Federal program(s) they are 
coordinating with and how such coordination will promote program 
success across multiple programs.
    (g) Use of grant funds to supplement, and not supplant, existing 
school-based mental health services funds and to expand, not duplicate, 
efforts to increase the number of providers.
    Applicants must describe how project funds will supplement, and not 
supplant, non-Federal funds that would otherwise be available for 
activities funded under this program.
    Applicants must describe how they will use the SBMH Program funds 
to expand, rather than duplicate, existing or new efforts to increase 
the number of qualified school-based mental health services providers 
in LEAs with demonstrated need and how they will integrate existing 
funding streams and efforts to support the plan.
    (h) Plan for immediate services to students.
    For SEA applicants, applicants must describe their plan to ensure 
services are provided to students immediately, including via subgrants 
to LEAs, as appropriate. For LEA applicants and consortia of LEAs, 
applicants must describe their plan to ensure students are provided 
services immediately.

Proposed Definitions

    The Department proposes to establish definitions of ``certified,'' 
``certification,'' ``credentialed,'' ``LEA with demonstrated need,'' 
``licensed,'' ``recruitment,'' ``respecialization,'' ``retention,'' and 
``telehealth'' for use in this program. We may apply these in any year 
in which this program is in effect.
    Certified means an individual has documented verification of 
education, expertise, or training in school psychology, school 
counseling, or school social work by a State or other recognized 
entity.
    Certification means a level of achievement awarded by a State or 
other recognized entity that attests to an individual's education, 
expertise, or training to serve as a school-based mental health 
services provider.
    Credentialed means an individual who possesses credentialing as a 
school psychologist, school counselor, or a school social worker from a 
State-level or other recognized entity.
    LEA with demonstrated need means an LEA that has a significant need 
for additional school-based mental health services providers based on--
    (1) High student to mental health services provider ratios as 
compared to other LEAs statewide or nationally;
    (2) High rates of community violence (including hate crimes), 
poverty, substance use (including opioid use), suicide, or trafficking; 
or
    (3) A significant number of students who are migratory, 
experiencing homelessness, have a family member deployed in the 
military or with a military-service connected disability (including 
veterans), have experienced a natural or manmade disaster or a 
traumatic event, or have other adverse childhood experiences.
    Licensed means an individual has a license that represents a 
State's legal authority for that individual to serve as a school-based 
mental health services provider.
    Recruitment means strategies that help attract and hire 
professionals into positions that are otherwise hard to fill or where 
demand exceeds supply, including by doing at least one of the 
following:
    (a) Providing an annual salary or stipend for school-based mental 
health services providers who maintain an active national 
certification.
    (b) Providing payment toward the school loans accrued by the 
school-based mental health services provider.
    (c) Creating pathways to grant cross-State credentialing 
reciprocity for school-based mental health services providers.
    (d) Providing incentives and supports to help mitigate shortages. 
These may include, for example, increasing pay; offering monetary 
incentives for relocation to high-need areas; providing services via 
telehealth; creating hybrid roles that allow for leadership, academic, 
or research opportunities; developing induction programs; developing 
paid internship programs; and offering service scholarship programs 
such as those that provide grants in exchange for a commitment to serve 
in the LEA for a minimum number of years.
    Respecialization means strategies that promote the readiness of 
mental health services providers who already have

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training as social workers, counselors, or psychologists, or in other 
related fields, to serve in elementary or secondary schools, including 
by doing one or more of the following:
    (a) Revising, updating, or streamlining requirements for such 
individuals so that additional training or other requirements focus 
only on incremental training needed for working in an elementary school 
or secondary school.
    (b) Providing a stipend or making a payment to support the 
incremental training needed for working in an elementary school or 
secondary school.
    (c) Offering flexible options for completing training that leads 
such professionals to meet State requirements.
    (d) Establishing new State-level programs that provide alternate 
means of certification, licensure, or credentialing for such 
professionals, including through practical or on-the-job training.
    (e) Offering other meaningful activities that result in existing 
mental health services providers obtaining the training they need to 
work in an elementary school or secondary school.
    Retention means strategies to help ensure that qualified 
individuals stay in their position to avoid gaps in service and 
unfilled positions, including by--
    (a) Providing opportunities for advancement or leadership, such as 
career pathways programs, recognition and award programs, and 
mentorship programs; and
    (b) Offering incentives and supports to help mitigate shortages. 
These may include, for example, increasing pay, making payments toward 
student loans, offering monetary incentives for relocation to high-need 
areas, providing services via telehealth, offering service scholarship 
programs such as those that provide grants in exchange for a commitment 
to serve in the LEA for a minimum number of years, and developing paid 
internship programs.
    Telehealth means the use of electronic information and 
telecommunication technologies to support and promote long-distance 
clinical health care, patient and professional health-related 
education, public health, and health administration. Technologies 
include videoconferencing, the internet, store-and-forward imaging, 
streaming media, and landline and wireless communications.
    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, 
definitions, or selection criteria, subject to 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.

[[Page 47157]]

Potential Costs and Benefits

    The proposed priorities, requirements, and definitions are 
necessary for the implementation of the SBMH 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 SBMH 
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 SBMH 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 SBMH 
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 school-based 
mental health services providers. The first strategy, embedded in 
proposed priorities 1 and 2, is to focus grant activities on hiring 
additional school-based mental health services providers in LEAs with 
demonstrated need to increase the number of school-based mental health 
services providers in schools and local educational agencies that have 
the most need for such services. The definition of LEA with 
demonstrated need, incorporated into these priorities, also was crafted 
to provide flexibility for an LEA to show need through data (ratios of 
school counselors to students), a description of events or conditions 
affecting school environment (such as community violence or disasters), 
or evidence that an applicant will serve students who have or are 
likely to face adverse childhood experiences. 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 SBMH funds to LEAs with demonstrated need, the 
program may allocate scarce Federal resources to high-capacity LEAs 
that already meet the mental health needs of their students. Moreover, 
ensuring that funds are targeted to LEAs with demonstrated need was a 
requirement of the fiscal year 2020 SBMH 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 SBMH competition.
    The benefit of including Proposed priority 3 is that it supports 
another strategy for addressing the shortage of school-based mental 
health services providers. Requirements for school-based mental health 
services providers are established by States and generally include 
completion of bachelor's degree or higher, completion of practicum, and 
internship in a K-12 school, which typically take several years to 
fulfill. Proposed priority 3 would support States working to establish 
innovative strategies to expand the pipeline for qualified mental 
health providers by establishing pathways for individuals in related 
fields to attain the credentials to work as school-based mental health 
services providers. Under this priority, for example, a State might 
determine that individuals in related fields--such as counseling or 
social work--would only need to obtain incremental, additional training 
to qualify as a school-based mental health services provider, rather 
than a full degree or credentialing program. This strategy has the 
benefit of reducing the time necessary for credentialing and 
potentially increasing the number of qualified mental health providers 
available for hiring by LEAs, which is the core goal and purpose of the 
SBMH program. Absent the expanded use of such strategies, SBMH grantees 
may not be able to achieve this core goal due to the lack of qualified 
candidates.
    The benefit of Proposed priority 4 is that it supports another 
strategy for expanding the workforce of school-based mental health 
services providers. Currently, the psychology \11\ and school counselor 
\12\ workforce is significantly less diverse than the student 
population.\13\ Increasing the number of qualified school-based mental 
health services providers from diverse backgrounds and from communities 
served by the LEAs with demonstrated need, and who can provide 
culturally and linguistically appropriate services, not only would 
expand the numbers of these providers but also increase access to and 
improve the quality of mental health services available to students. 
Further, this priority supports the Administration's equity agenda \14\ 
and the Department's mission to support equity and excellence.
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    \11\ https://www.apa.org/workforce/data-tools/demographics.
    \12\ https://www.schoolcounselor.org/getmedia/9c1d81ab-2484-4615-9dd7-d788a241beaf/member-demographics.pdf.
    \13\ https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment.
    \14\ 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/.
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    The Department believes that this proposed regulatory action would 
not impose significant costs on eligible entities, whose participation 
in our programs is voluntary, and 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. We believe these benefits 
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 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 creative plans to expand pathways to high-
quality credentialing in this area.

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 authorizing statute does not 
provide sufficient detail to develop and administer a competitive grant 
program consistent with the intent of

[[Page 47158]]

Congress as expressed in the Explanatory Statement accompanying the 
Department of Education Appropriations Act. 2022, which provided 
funding for the program in fiscal year 2022, or the Bipartisan Safer 
Communities Act, which provided additional funding for fiscal years 
2022 through 2026. Consequently, absent the proposed priorities, 
requirements, and definitions, the Department would not have a 
sufficient basis for evaluating the quality of applications or ensuring 
that the program achieves its intended objectives.

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 SEAs and LEAs.

      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 SEAs and
                                LEAs.
------------------------------------------------------------------------

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.
    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?
     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 regulations 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 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.

[[Page 47159]]

    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 that the Department holds an SBMH Program 
competition, we estimate 300 applicants will apply and submit an 
application 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 12,000 hours. At $95.46 per 
hour (using mean wages for Education and Childcare Administrators \15\ 
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 300 applicants to complete the SBMH Program application is 
approximately $1,145,520.
---------------------------------------------------------------------------

    \15\ See www.bls.gov/oes/current/oes_nat.htm.
---------------------------------------------------------------------------

    The Department is requesting paperwork clearance on the OMB 1810-
xxxx data collection associated with this proposed requirement. 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-XXXX 
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.

Collection of Information

----------------------------------------------------------------------------------------------------------------
                                                 Estimated                                        Estimated cost
       Information collection activity           number of        Hours per     Total estimated    at an hourly
                                                 responses         response       burden hours    rate of $95.46
----------------------------------------------------------------------------------------------------------------
School-Based Mental Health Services Grant                300               40           12,000       $1,145,520
 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. 2022-16557 Filed 8-1-22; 8:45 am]
BILLING CODE 4000-01-P