I 

118TH CONGRESS 

2D SESSION H. R. 10564 

To support the behavioral needs of students and youth, invest in the schoolbased behavioral health workforce, and ensure access to mental health 

and substance use disorder benefits. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2025 

Mr. DESAULNIER introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To support the behavioral needs of students and youth, invest 

in the school-based behavioral health workforce, and ensure access to mental health and substance use disorder 

benefits. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mental Health Matters 

5 Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—EARLY CHILDHOOD MENTAL HEALTH ACT 

Sec. 101. Short title. 

Sec. 102. Identification of effective interventions in Head Start programs. 

Sec. 103. Implementing the interventions in Head Start programs. 

Sec. 104. Evaluating implementation of interventions in Head Start programs. 

Sec. 105. Implementing the evaluation framework for Head Start programs. 

Sec. 106. Best Practice Centers. 

Sec. 107. Funding. 

TITLE II—BUILDING PIPELINE OF SCHOOL-BASED MENTAL 

HEALTH SERVICE PROVIDERS ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Grant program to increase the number of school-based mental health 

services providers serving in high-need local educational agencies. 

TITLE III—ELEMENTARY AND SECONDARY SCHOOL COUNSELING 

ACT 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Allotments to States and subgrants to local educational agencies. 

Sec. 304. Authorization of appropriations. 

TITLE IV—SUPPORTING TRAUMA-INFORMED EDUCATION 

PRACTICES ACT 

Sec. 401. Short title. 

Sec. 402. Amendment to the SUPPORT for Patients and Communities Act. 

TITLE V—RESPOND, INNOVATE, SUCCEED, AND EMPOWER ACT 

Sec. 501. Short title. 

Sec. 502. Perfecting amendment to the definition of disability. 

Sec. 503. Supporting students with disabilities to succeed once enrolled in college. 

Sec. 504. Authorization of funds for the National Center for Information and 

Technical Support for Postsecondary Students With Disabilities. 

Sec. 505. Inclusion of information on students with disabilities. 

Sec. 506. Rule of construction. 

TITLE VI—STRENGTHENING BEHAVIORAL HEALTH BENEFITS 

ACT 

Sec. 601. Short title. 

Sec. 602. Enforcement of Mental Health and Substance Use Disorder Requirements. 

TITLE VII—EMPLOYEE AND RETIREE ACCESS TO JUSTICE ACT 

Sec. 701. Short title. 

Sec. 702. Unenforceable arbitration clauses, class action waivers, representation 

waivers, and discretionary clauses. 


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Sec. 703. Prohibition on mandatory arbitration clauses, class action waivers, 

representation waivers, and discretionary clauses. 

Sec. 704. Effective date. 

1 TITLE I—EARLY CHILDHOOD 

2 MENTAL HEALTH ACT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Early Childhood Men5 tal Health Support Act’’. 

6 SEC. 102. IDENTIFICATION OF EFFECTIVE INTERVENTIONS 

7 IN HEAD START PROGRAMS. 

8 (a) INTERVENTIONS THAT IMPROVE SOCIAL-EMO9 TIONAL AND BEHAVIORAL HEALTH OF CHILDREN.— 

10 (1) IN GENERAL.—The Secretary of Health and 

11 Human Services acting through the Assistant Sec12 retary for the Administration for Children and Fam13 ilies (in this section referred to as the ‘‘Secretary’’) 

14 shall identify and review interventions, best prac15 tices, curricula, and staff trainings— 

16 (A) that improve the behavioral health of 

17 children; and 

18 (B) that are evidence based. 

19 (2) FOCUS.—In carrying out paragraph (1), the 

20 Secretary shall focus on interventions, best practices, 

21 curricula, and staff trainings that— 

22 (A) can be delivered by a provider or other 

23 staff member in or associated with a Head 

24 Start program or Early Head Start center; 


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1 (B) are demonstrated to improve or sup2 port healthy social, emotional, or cognitive de3 velopment for children in Head Start or Early 

4 Head Start programs, with an empirical or the5 oretical relationship to later mental health or 

6 substance abuse outcomes; 

7 (C) involve changes to center-wide policies 

8 or practices, or other services and supports of9 fered in conjunction with Head Start programs 

10 or Early Head Start centers, including services 

11 provided to adults or families (with or without 

12 a child present) for the benefit of the children; 

13 (D) demonstrate effectiveness across ra14 cial, ethnic, and geographic populations or dem15 onstrate the capacity to be adapted to be effec16 tive across populations; 

17 (E) offer a tiered approach to addressing 

18 need, including— 

19 (i) universal interventions for all chil20 dren; 

21 (ii) selected prevention for children 

22 demonstrating increased need; and 

23 (iii) indicated prevention for children 

24 demonstrating substantial need; 


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1 (F) incorporate trauma-informed care ap2 proaches; or 

3 (G) have a proven record of improving 

4 early childhood and social emotional develop5 ment. 

6 (b) INTERVENTIONS THAT SUPPORT STAFF

7 WELLNESS.—In carrying out subsection (a), the Secretary 

8 shall identify and review interventions, best practices, cur9 ricula, and staff trainings that support staff wellness and 

10 self-care. 

11 (c) CREDENTIALS.—In carrying out subsections (a) 

12 and (b), the Secretary, in consultation with relevant ex13 perts, shall determine the appropriate credentials for indi14 viduals who deliver the interventions, best practices, cur15 ricula, and staff trainings identified by the Secretary. 

16 (d) CONSULTATION; PUBLIC INPUT.—In carrying out 

17 this section, the Secretary shall— 

18 (1) consult with relevant agencies, experts, aca19 demics, think tanks, and nonprofit organizations 

20 with expertise in early childhood, mental health, and 

21 trauma-informed care, including the National Insti22 tute of Mental Health, the Administration for Chil23 dren and Families, the Substance Abuse and Mental 

24 Health Services Administration, the Institute of 


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1 Education Sciences, and the Centers for Disease 

2 Control and Prevention; and 

3 (2) solicit public input on— 

4 (A) the design of the reviews under sub5 sections (a) and (b); and 

6 (B) the findings and conclusions resulting 

7 from such reviews. 

8 (e) TIMING.—The Secretary shall— 

9 (1) complete the initial reviews required by sub10 sections (a) and (b) not later than 2 years after the 

11 date of enactment of this Act; and 

12 (2) update such reviews and the findings and 

13 conclusions therefrom at least every 5 years. 

14 (f) REPORTING.—Not later than 1 year after the date 

15 of enactment of this Act, and every 5 years thereafter, 

16 the Secretary shall submit a report to the Congress on 

17 the results of implementing this section. 

18 SEC. 103. IMPLEMENTING THE INTERVENTIONS IN HEAD 

19 START PROGRAMS. 

20 (a) IN GENERAL.—The Assistant Secretary for the 

21 Administration for Children and Families shall award 

22 grants to participating Head Start agencies to implement 

23 the interventions, best practices, curricula, and staff 

24 trainings that are identified pursuant to section 102. 


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1 (b) REQUIREMENTS.—The Assistant Secretary shall 

2 ensure that grants awarded under this section are award3 ed to grantees representing a diversity of geographic areas 

4 across the United States, including urban, suburban, and 

5 rural areas. 

6 SEC. 104. EVALUATING IMPLEMENTATION OF INTERVEN7 TIONS IN HEAD START PROGRAMS. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services, acting through the Assistant Secretary 

10 for Planning and Evaluation and in coordination with the 

11 Assistant Secretary for the Administration for Children 

12 and Families, shall— 

13 (1) determine whether the interventions, best 

14 practices, curricula, and staff trainings implemented 

15 pursuant to section 103— 

16 (A) are effectively implemented pursuant 

17 to section 103 and other relevant provisions of 

18 law such that the anticipated effect sizes of the 

19 interventions, best practices, curricula, and 

20 staff trainings are achieved; and 

21 (B) yield long-term savings; 

22 (2) develop a method for making the determina23 tion required by paragraph (1); 

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1 come measures, or any other methods deemed appro2 priate by the Assistant Secretary, taking into consid3 eration existing monitoring components of the Head 

4 Start and Early Head Start programs; and 

5 (4) solicit public input on the design, findings, 

6 and conclusions of this process and shall consider 

7 whether updates are necessary at least every 5 

8 years. 

9 (b) PROCESS.—In carrying out subsection (a), the 

10 Secretary of Health and Human Services shall— 

11 (1) conduct any research and evaluation studies 

12 needed; and 

13 (2) solicit public input on— 

14 (A) the design of the method developed 

15 pursuant to subsection (a)(2); and 

16 (B) the resulting findings and conclusions. 

17 (c) TIMING.—The Secretary of Health and Human 

18 Services shall— 

19 (1) develop the method required by subsection 

20 (a)(2) and make the initial determination required 

21 by subsection (a)(1) not later than 2 years after the 

22 date of enactment of this Act; and 

23 (2) update such method and determination at 

24 least every 5 years. 


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1 SEC. 105. IMPLEMENTING THE EVALUATION FRAMEWORK 

2 FOR HEAD START PROGRAMS. 

3 (a) EVALUATION METHOD.—The Assistant Secretary 

4 for the Administration for Children and Families shall im5 plement the evaluation method developed pursuant to sec6 tion 104(a) in the Head Start program as a voluntary 

7 mechanism for interested Head Start programs or Early 

8 Head Start centers to evaluate the extent to which such 

9 programs or centers have effectively implemented the 

10 interventions, best practices, curricula, and staff trainings 

11 identified pursuant to section 102, with minimal burden 

12 or disruption to programs and centers interested in par13 ticipating. 

14 (b) TECHNICAL ASSISTANCE.—The Assistant Sec15 retary for the Administration for Children and Families 

16 shall provide guidance, tools, resources, and technical as17 sistance to grantees for implementing and evaluating 

18 interventions, best practices, curricula, and staff trainings 

19 identified pursuant to section 102 and optimizing the per20 formance of such grantees on the annual evaluations. 

21 SEC. 106. BEST PRACTICE CENTERS. 

22 The Assistant Secretary for the Administration for 

23 Children and Families may fund up to 5 Best Practice 

24 Centers in Early Childhood Training in universities and 

25 colleges to prepare future Head Start agencies and staff 


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1 able to deliver the interventions, best practices, curricula, 

2 and staff trainings identified pursuant to section 102. 

3 SEC. 107. FUNDING. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $100,000,000 for the period 

6 of fiscal years 2025 through 2034 for carrying out sec7 tions 103(b), 104, and 106. 

8 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts 

9 authorized to be appropriated by subsection (a) are au10 thorized to remain available until expended. 

11 TITLE II—BUILDING PIPELINE 

12 OF SCHOOL-BASED MENTAL 

13 HEALTH SERVICE PROVIDERS 

14 ACT 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Building Pipeline of 

17 School-Based Mental Health Service Providers Act’’. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) BEST PRACTICES.—The term ‘‘best prac21 tices’’ means a technique or methodology that, 

22 through experience and research related to profes23 sional practice in a school-based mental health field, 

24 has proven to reliably lead to a desired result. 


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1 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi2 ble institution’’ means an institution of higher edu3 cation that offers a program of study that leads to 

4 a master’s or other graduate degree— 

5 (A) in school psychology that prepares stu6 dents in such program for the State licensing or 

7 certification examination in school psychology; 

8 (B) in school counseling that prepares stu9 dents in such program for the State licensing or 

10 certification examination in school counseling; 

11 (C) in school social work that prepares stu12 dents in such program for the State licensing or 

13 certification examination in school social work; 

14 (D) in another school-based mental health 

15 field that prepares students in such program 

16 for the State licensing or certification examina17 tion in such field, if applicable; or 

18 (E) in any combination of study described 

19 in subparagraphs (A) through (D). 

20 (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi21 ble partnership’’ means— 

22 (A) a partnership between 1 or more high23 need local educational agencies and 1 or more 

24 eligible institutions; or 


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1 (B) in any region in which local edu2 cational agencies may not have a sufficient ele3 mentary school and secondary school student 

4 population to support the placement of all par5 ticipating graduate students, a partnership be6 tween a State educational agency, on behalf of 

7 1 or more high-need local educational agencies, 

8 and 1 or more eligible institutions. 

9 (4) HIGH-NEED LOCAL EDUCATIONAL AGEN10 CY.—The term ‘‘high-need local educational agency’’ 

11 means a local educational agency that— 

12 (A) is described in section 200(10) of the 

13 Higher Education Act of 1965 (20 U.S.C. 

14 1021(10)); and 

15 (B) as of the date of application for a 

16 grant under this title, has ratios of school coun17 selors, school social workers, and school psy18 chologists to students served by the agency that 

19 are not more than 1 school counselor per 250 

20 students, not more than 1 school psychologist 

21 per 500 students, and not more than 1 school 

22 social worker per 250 students. 

23 (5) HISTORICALLY BLACK COLLEGE OR UNI24 VERSITY.—The term ‘‘historically Black college or 

25 university’’ has the meaning given the term ‘‘part B 


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1 institution’’ in section 322 of the Higher Education 

2 Act of 1965 (20 U.S.C. 1061). 

3 (6) HOMELESS CHILDREN AND YOUTHS.—The 

4 term ‘‘homeless children and youths’’ has the mean5 ing given such term in section 725 of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 11434a). 

7 (7) INDIAN TRIBE; TRIBAL ORGANIZATION.—In 

8 this section the terms ‘‘Indian tribe’’ and ‘‘tribal or9 ganization’’ have the meanings given those terms in 

10 section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304)). 

12 (8) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

14 meaning given such term in section 101(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

16 (9) LOCAL EDUCATIONAL AGENCY.—The term 

17 ‘‘local educational agency’’ has the meaning given 

18 such term in section 8101 of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 7801). 

20 (10) MINORITY-SERVING INSTITUTION.—The 

21 term ‘‘minority-serving institution’’ means, as de22 fined in section 371(a) of the Higher Education Act 

23 of 1965 (20 U.S.C. 1067q(a)), a Hispanic-serving 

24 institution, an Alaska Native-serving institution or a 

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1 nantly Black Institution, an Asian American and 

2 Native American Pacific Islander-serving institution, 

3 or a Native American-serving nontribal institution. 

4 (11) OUTLYING AREA.—The term ‘‘outlying 

5 area’’ has the meaning given the term in section 

6 8101(36)(A) of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 7801(36)(A)). 

8 (12) PARTICIPATING ELIGIBLE INSTITUTION.— 

9 The term ‘‘participating eligible institution’’ means 

10 an eligible institution that is part of an eligible part11 nership awarded a grant under section 203. 

12 (13) PARTICIPATING GRADUATE.—The term 

13 ‘‘participating graduate’’ means an individual who— 

14 (A) has received a master’s or other grad15 uate degree in a school-based mental health 

16 field from a participating eligible institution 

17 and has obtained a State license or credential 

18 in the school-based mental health field; and 

19 (B) as a graduate student pursuing a ca20 reer in a school-based mental health field, was 

21 placed in a school served by a participating 

22 high-need local educational agency to complete 

23 required field work, credit hours, internships, or 

24 related training as applicable. 


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1 (14) PARTICIPATING HIGH-NEED LOCAL EDU2 CATIONAL AGENCY.—The term ‘‘participating high3 need local educational agency’’ means a high-need 

4 local educational agency that is part of an eligible 

5 partnership awarded a grant under section 203. 

6 (15) SCHOOL-BASED MENTAL HEALTH

7 FIELD.—The term ‘‘school-based mental health 

8 field’’ means each of the following fields: 

9 (A) School counseling. 

10 (B) School social work. 

11 (C) School psychology. 

12 (D) Any other field of study that leads to 

13 employment as a school-based mental health 

14 services provider. 

15 (16) SCHOOL-BASED MENTAL HEALTH SERV16 ICES PROVIDER.—The term ‘‘school-based mental 

17 health services provider’’ has the meaning given the 

18 term in section 4102 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 7112). 

20 (17) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Education. 

22 (18) STATE EDUCATIONAL AGENCY.—The term 

23 ‘‘State educational agency’’ has the meaning given 

24 the term in section 8101 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 7801). 


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1 (19) STUDENT SUPPORT PERSONNEL TARGET

2 RATIOS.—The term ‘‘student support personnel tar3 get ratios’’ means the ratios of school-based mental 

4 health services providers to students recommended 

5 to enable such personnel to effectively address the 

6 needs of students, including— 

7 (A) at least 1 school counselor for every 

8 250 students (as recommended by the American 

9 School Counselor Association and American 

10 Counseling Association); 

11 (B) at least 1 school psychologist for every 

12 500 students (as recommended by the National 

13 Association of School Psychologists); and 

14 (C) at least 1 school social worker for 

15 every 250 students (as recommended by the 

16 School Social Work Association of America). 

17 (20) TRIBALLY CONTROLLED COLLEGE OR UNI18 VERSITY.—The term ‘‘tribally controlled college or 

19 university’’ has the meaning given such term in sec20 tion 2 of the Tribally Controlled Colleges and Uni21 versities Assistance Act of 1978 (25 U.S.C. 1801). 

22 (21) UNACCOMPANIED YOUTH.—The term ‘‘un23 accompanied youth’’ has the meaning given such 

24 term in section 725 of the McKinney-Vento Home25 less Assistance Act (42 U.S.C. 11434a). 


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1 SEC. 203. GRANT PROGRAM TO INCREASE THE NUMBER OF 

2 SCHOOL-BASED MENTAL HEALTH SERVICES 

3 PROVIDERS SERVING IN HIGH-NEED LOCAL 

4 EDUCATIONAL AGENCIES. 

5 (a) AUTHORIZATION OF GRANTS.— 

6 (1) GRANT PROGRAM AUTHORIZED.—From 

7 amounts made available to carry out this section, the 

8 Secretary shall award grants, on a competitive basis, 

9 to eligible partnerships, to enable the eligible part10 nerships to carry out pipeline programs to increase 

11 the number of school-based mental health services 

12 providers employed by high-need local educational 

13 agencies by carrying out any of the activities de14 scribed in subsection (e). 

15 (2) RESERVATIONS.—From the total amount 

16 appropriated under subsection (j) for a fiscal year, 

17 the Secretary shall reserve— 

18 (A) one-half of 1 percent for the Secretary 

19 of the Interior to carry out programs under this 

20 title in schools operated or funded by the Bu21 reau of Indian Education, Indian tribes and 

22 tribal organizations, or a consortium of Indian 

23 tribes and tribal organizations; 

24 (B) one-half of 1 percent for allotments to 

25 outlying areas based on the relative need of 

26 each such area with respect to mental health 


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1 services in schools, as determined by the Sec2 retary in accordance with the purpose of this 

3 title; 

4 (C) not more than 3 percent to conduct 

5 the evaluations under subsection (h); and 

6 (D) not more than 2 percent for the ad7 ministration of the program under this title and 

8 to provide technical assistance relating to such 

9 program. 

10 (b) GRANT PERIOD.—A grant awarded under this 

11 section shall be for a 5-year period and may be renewed 

12 for additional 5-year periods upon a showing of adequate 

13 progress, as determined by the Secretary. 

14 (c) APPLICATION.—To be eligible to receive a grant 

15 under this section, an eligible partnership shall submit to 

16 the Secretary a grant application at such time, in such 

17 manner, and containing such information as the Secretary 

18 may require. At a minimum, such application shall in19 clude— 

20 (1) an assessment of the existing (as of the 

21 date of application) ratios of school-based mental 

22 health services providers (in the aggregate and 

23 disaggregated by profession) to students enrolled in 

24 schools in each high-need local educational agency 

25 that is part of the eligible partnership; and 


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1 (2) a detailed description of— 

2 (A) a plan to carry out a pipeline program 

3 to train, place, and retain school-based mental 

4 health services providers in high-need local edu5 cational agencies; and 

6 (B) the proposed allocation and use of 

7 grant funds to carry out activities described in 

8 subsection (e). 

9 (d) AWARD BASIS.—In awarding grants under this 

10 section, the Secretary shall— 

11 (1) ensure that to the extent practicable, grants 

12 are distributed among eligible entities that will serve 

13 geographically diverse areas; and 

14 (2) give priority to eligible partnerships that— 

15 (A) propose to use the grant funds to 

16 carry out the activities described under para17 graphs (1) through (3) of subsection (e) in 

18 schools that have higher numbers or percent19 ages of low-income students (determined using 

20 any of the measures of poverty described in sec21 tion 1113(a)(5) of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 

23 6313(a)(5))), in comparison to other schools 

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1 cational agency that is part of the eligible part2 nership; 

3 (B) include 1 or more high-need local edu4 cational agencies that have fewer school-based 

5 mental health services providers, in the aggre6 gate or for a particular school-based mental 

7 health field, per student than other eligible 

8 partnerships that have submitted a grant appli9 cation under subsection (c); 

10 (C) include 1 or more eligible institutions 

11 of higher education which are a historically 

12 Black college or university, a minority-serving 

13 institution, or a tribally controlled college or 

14 university; 

15 (D) propose to collaborate with other insti16 tutions of higher education with similar pro17 grams, including sharing facilities, faculty mem18 bers, and administrative costs; and 

19 (E) propose to use grant funds to increase 

20 the diversity of school-based mental health serv21 ices providers. 

22 (e) USE OF GRANT FUNDS.—Grant funds awarded 

23 under this section may be used— 

24 (1) to pay the administrative costs (including 

25 supplies, office and classroom space, supervision, 


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1 mentoring, and transportation stipends as necessary 

2 and appropriate) related to— 

3 (A) having graduate students of programs 

4 in school-based mental health fields placed in 

5 schools served by participating high-need local 

6 educational agencies to complete required field 

7 work, credit hours, internships, or related train8 ing as applicable for the degree, license, or cre9 dential program of each such student; and 

10 (B) offering required graduate coursework 

11 for students of a graduate program in a school12 based mental health services field on the site of 

13 a participating high-need local educational 

14 agency; 

15 (2) for not more than the first 3 years after a 

16 participating graduate receives a master’s or other 

17 graduate degree from a program in a school-based 

18 mental health field, or obtains a State license or cre19 dential in a school-based mental health field, to hire 

20 and pay all or part of the salary of the participating 

21 graduates working as a school-based mental health 

22 services provider in a school served by a partici23 pating high-need local educational agency; 

24 (3) to increase the number of school-based men25 tal health services providers per student in schools 


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1 served by participating high-need local educational 

2 agencies, in order to meet the student support per3 sonnel target ratios; 

4 (4) to recruit, hire, and retain culturally or lin5 guistically under-represented graduate students of 

6 programs in school-based mental health fields for 

7 placement in schools served by participating high8 need local educational agencies; 

9 (5) to develop coursework that will— 

10 (A) encourage a commitment by graduate 

11 students in school-based mental health fields to 

12 work for high-need local educational agencies; 

13 (B) give participating graduates the knowl14 edge and skill sets necessary to meet the needs 

15 of— 

16 (i) students and families served by 

17 high-need local educational agencies; 

18 (ii) students at risk of not meeting 

19 State academic standards; 

20 (iii) students who— 

21 (I) are English learners (as de22 fined in section 8101 of the Elemen23 tary and Secondary Education Act of 

24 1965 (20 U.S.C. 7801)); 


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1 (II) are migratory children (as 

2 defined in section 1309 of such Act 

3 (20 U.S.C. 6399)); 

4 (III) have a parent or caregiver 

5 who is a member of the armed forces, 

6 including the National Guard, who 

7 has been deployed or returned from 

8 deployment; 

9 (IV) are LGBTQ+, including 

10 students who are lesbian, gay, bisex11 ual, transgender, queer or ques12 tioning, nonbinary, or Two-Spirit; 

13 (V) are homeless children and 

14 youth, including unaccompanied 

15 youth; 

16 (VI) have come into contact with 

17 the juvenile justice system or adult 

18 criminal justice system, including stu19 dents currently or previously held in 

20 juvenile detention facilities or adult 

21 jails and students currently or pre22 viously held in juvenile correctional fa23 cilities or adult prisons; 

24 (VII) are a child with a disability 

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1 mentary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7801)); 

3 (VIII) have been a victim to, or 

4 witnessed, domestic violence or vio5 lence in their community; 

6 (IX) have been exposed to sub7 stance misuse at home or in the com8 munity; 

9 (X) are in foster care, are aging 

10 out of foster care, or were formerly in 

11 foster care; or 

12 (XI) have been a victim to or wit13 nessed trafficking in persons; and 

14 (iv) teachers, administrators, and 

15 other staff who work for high-need local 

16 educational agencies; and 

17 (C) utilize best practices determined by the 

18 American School Counselor Association, Na19 tional Association of Social Workers, School So20 cial Work Association of America, and National 

21 Association of School Psychologists and other 

22 relevant organizations; 

23 (6) to provide tuition credits to graduate stu24 dents participating in the pipeline program sup25 ported under the grant; 


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1 (7) to fund high-quality ‘‘Grow Your Own’’ 

2 teacher preparation programs that provide pathways 

3 to State licensure or certification as a school psy4 chologist, school counselor, school social worker, or 

5 other school-based mental services provider to re6 cruit and prepare local community members, career 

7 changers, paraprofessionals, after-school program 

8 staff, and others currently working in schools to be9 come school-based mental health services providers; 

10 (8) to cover the costs of licensure and prepara11 tion for required licensure exams; and 

12 (9) for similar activities to fulfill the purpose of 

13 this title, as the Secretary determines appropriate. 

14 (f) SUPPLEMENT NOT SUPPLANT.—Funds made 

15 available under this section shall be used to supplement, 

16 not supplant, other Federal, State, or local funds available 

17 for the activities described in subsection (e). 

18 (g) REPORTING REQUIREMENTS.— 

19 (1) IN GENERAL.—Each eligible partnership 

20 that receives a grant under this section shall prepare 

21 and submit to the Secretary an annual report on the 

22 progress of the eligible partnership in carrying out 

23 the grant. Such report shall contain such informa24 tion as the Secretary may require, including, at a 

25 minimum, a description of— 


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1 (A) actual service delivery provided 

2 through the grant funds, including— 

3 (i) descriptive information on the par4 ticipating eligible institution, the edu5 cational model used, and the actual aca6 demic program performance; 

7 (ii) characteristics of graduate stu8 dents participating in the pipeline program 

9 supported under the grant, including— 

10 (I) performance on any examina11 tions required by the State for 

12 credentialing or licensing; 

13 (II) demographic characteristics; 

14 and 

15 (III) graduate student retention 

16 rates; 

17 (iii) characteristics of students of the 

18 participating high-need local educational 

19 agency, including performance on any tests 

20 required by the State educational agency, 

21 demographic characteristics, and gradua22 tion rates, as appropriate; 

23 (iv) an estimate of the annual imple24 mentation costs of the pipeline program 

25 supported under the grant; and 


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1 (v) the number of public elementary 

2 and secondary school students, public ele3 mentary and secondary schools, graduate 

4 students, and institutions of higher edu5 cation participating in the pipeline pro6 gram supported under the grant; 

7 (B) outcomes that are consistent with the 

8 purpose of the grant program under this title, 

9 including— 

10 (i) internship and post-graduation 

11 placement of the participating graduate 

12 students; 

13 (ii) graduation and professional career 

14 readiness indicators; and 

15 (iii) characteristics of the partici16 pating high-need local educational agency, 

17 including with respect to fully certified and 

18 effective teachers and school-based mental 

19 health services providers employed by such 

20 agency— 

21 (I) changes in the rate of hiring 

22 and retention of such teachers and 

23 providers (in the aggregate and 

24 disaggregated by each such profes25 sion); and 


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1 (II) the demographics, including 

2 the race, ethnicity, and gender, of 

3 such teachers and providers; 

4 (C) the instruction, materials, and activi5 ties being funded under the grant; and 

6 (D) the effectiveness of any training and 

7 ongoing professional development provided— 

8 (i) to students and faculty in the ap9 propriate departments or schools of the 

10 participating eligible institution; and 

11 (ii) to the teachers, paraprofessionals, 

12 school leaders, school-based mental health 

13 services providers, and other specialized in14 structional support personnel of the par15 ticipating high-need local educational agen16 cy. 

17 (2) PUBLICATION.—The Secretary shall publish 

18 the annual reports submitted under paragraph (1) 

19 on the website of the Department of Education. 

20 (h) EVALUATION.— 

21 (1) INTERIM EVALUATIONS.—The Secretary 

22 may conduct interim evaluations to determine 

23 whether each eligible partnership receiving a grant 

24 under this section is making adequate progress as 

25 the Secretary considers appropriate. The contents of 


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1 the annual report submitted to the Secretary under 

2 subsection (g) may be used by the Secretary to de3 termine whether an eligible partnership receiving a 

4 grant is demonstrating adequate progress. 

5 (2) FINAL EVALUATION.—The Secretary shall 

6 conduct a final evaluation to— 

7 (A) determine the effectiveness of the 

8 grant program in carrying out the purpose of 

9 this title; and 

10 (B) compare the relative effectiveness of 

11 each of the various activities described in sub12 section (e) for which grant funds may be used. 

13 (i) REPORT.—Not earlier than 5 years, nor later than 

14 6 years, after the date of enactment of this Act, the Sec15 retary shall submit to the Congress a report containing— 

16 (1) the findings of the final evaluation con17 ducted under subsection (h)(2); and 

18 (2) such recommendations as the Secretary con19 siders appropriate. 

20 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $200,000,000 for fiscal year 2025 and each succeeding 

23 fiscal year. 


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1 TITLE III—ELEMENTARY AND 

2 SECONDARY SCHOOL COUN3 SELING ACT 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Elementary and Sec6 ondary School Counseling Act’’. 

7 SEC. 302. DEFINITIONS. 

8 In this title: 

9 (1) ESEA DEFINITIONS.—The terms ‘‘elemen10 tary school’’, ‘‘local educational agency’’, and ‘‘sec11 ondary school’’ have the meanings given the terms 

12 in section 8101 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7801). 

14 (2) HIGH-NEED SCHOOL.—The term ‘‘high-need 

15 school’’ has the meaning given the term in section 

16 2211(b) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6631(b)). 

18 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

19 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

20 have the meanings given those terms in section 4 of 

21 the Indian Self-Determination and Education Assist22 ance Act (25 U.S.C. 5304)). 

23 (4) OUTLYING AREA.—The term ‘‘outlying 

24 area’’ means an outlying area specified in section 


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1 8101(36)(A) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7801(36)(A)). 

3 (5) SCHOOL-BASED MENTAL HEALTH SERVICES

4 PROVIDER.—The term ‘‘school-based mental health 

5 services provider’’ has the meaning given the term in 

6 section 4102 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 7112). 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Education. 

10 (7) STATE.—The term ‘‘State’’ means each of 

11 the 50 States, the District of Columbia, and Puerto 

12 Rico. 

13 SEC. 303. ALLOTMENTS TO STATES AND SUBGRANTS TO 

14 LOCAL EDUCATIONAL AGENCIES. 

15 (a) PROGRAM AUTHORIZED.—The Secretary shall 

16 carry out a program under which the Secretary makes al17 lotments to States, in accordance with subsection (c), to 

18 enable the States to award subgrants to local educational 

19 agencies in order to increase access to school-based mental 

20 health services providers at high-need schools served by 

21 the local educational agencies. 

22 (b) RESERVATIONS.—From the total amount made 

23 available under section 304 for a fiscal year, the Secretary 

24 shall reserve— 


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1 (1) one-half of 1 percent for the Secretary of 

2 the Interior for programs under this title in schools 

3 operated or funded by the Bureau of Indian Edu4 cation, Indian tribes and tribal organizations, or 

5 consortia of Indian tribes and tribal organizations; 

6 (2) one-half of 1 percent for allotments for the 

7 outlying areas to be distributed among those out8 lying areas on the basis of their relative need, as de9 termined by the Secretary, in accordance with the 

10 purpose of this title; and 

11 (3) not more than 2 percent for the administra12 tion of the program under this title and to provide 

13 technical assistance relating to such program. 

14 (c) ALLOTMENTS TO STATES.— 

15 (1) IN GENERAL.— 

16 (A) FORMULA.—From the total amount 

17 made available under section 304 for a fiscal 

18 year and not reserved under subsection (b), the 

19 Secretary shall allot to each State that submits 

20 a true and complete application under para21 graph (3) (as determined by the Secretary) an 

22 amount that bears the same relationship to 

23 such total amount as the amount received 

24 under part A of title I of the Elementary and 

25 Secondary Education Act of 1965 (20 U.S.C. 


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1 6311 et seq.) by such State for such fiscal year 

2 bears to the amount received under such part 

3 for such fiscal year by all States that submit 

4 such applications. 

5 (B) SMALL STATE MINIMUM.—No State 

6 receiving an allotment under this paragraph 

7 shall receive less than one-half of 1 percent of 

8 the total amount allotted under this paragraph. 

9 (2) MATCHING REQUIREMENTS.—In order to 

10 receive an allotment under paragraph (1), a State 

11 shall agree to provide matching funds, in an amount 

12 equal to 20 percent of the amount of the allotment, 

13 toward the costs of the activities carried out with the 

14 allotment. 

15 (3) APPLICATION.—A State desiring an allot16 ment under paragraph (1) shall submit to the Sec17 retary an application at such time, in such manner, 

18 and containing such information as the Secretary 

19 may require. Each application shall include, at a 

20 minimum— 

21 (A) an assurance that the State will use 

22 the allotment only for the purposes specified in 

23 subsection (d)(1); 


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1 (B) a description of how the State will 

2 award subgrants to local educational agencies 

3 under such subsection; 

4 (C) a description of how the State will dis5 seminate, in a timely manner, information re6 garding the subgrants and the application proc7 ess for such subgrants to local educational 

8 agencies; and 

9 (D) the ratios, as of the date of applica10 tion, of students to school-based mental health 

11 services providers in each public elementary 

12 school and secondary school in the State, in the 

13 aggregate and disaggregated to include— 

14 (i) the ratios of students to school 

15 counselors, school psychologists, and school 

16 social workers; and 

17 (ii) as applicable, the ratios of stu18 dents to other school-based mental health 

19 services providers not described in clause 

20 (i), in the aggregate and disaggregated by 

21 type of provider. 

22 (4) DURATION.—An allotment to a State under 

23 paragraph (1) shall be for a 5-year period and may 

24 be renewed for additional 5-year periods upon a 

25 showing of adequate progress on meeting the goals 


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1 of the program under this title, as determined by the 

2 Secretary. 

3 (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN4 CIES.— 

5 (1) IN GENERAL.—A State receiving an allot6 ment under subsection (c) shall use the allotment to 

7 award subgrants, on a competitive basis, to local 

8 educational agencies in the State, to enable the local 

9 educational agencies to— 

10 (A) recruit and retain school-based mental 

11 health services providers to work at high-need 

12 schools served by the local educational agency; 

13 and 

14 (B) work toward effectively staffing the 

15 high-need schools of the local educational agen16 cy with school-based mental health services pro17 viders, including by meeting the recommended 

18 maximum ratios of— 

19 (i) 250 students per school counselor; 

20 (ii) 500 students per school psycholo21 gist; and 

22 (iii) 250 students per school social 

23 worker. 

24 (2) PRIORITY.—In awarding subgrants under 

25 this subsection, the State shall give priority to local 


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1 educational agencies that serve a significant number 

2 of high-need schools. 

3 (3) APPLICATION.—A local educational agency 

4 desiring a subgrant under this subsection shall sub5 mit an application to the State at such time, in such 

6 manner, and containing such information as the 

7 State may require, including information on how the 

8 local educational agency will prioritize assisting 

9 high-need schools with the largest numbers or per10 centages of students from low-income families (as 

11 counted under section 1124(c) of the Elementary 

12 and Secondary Education Act of 1965 (20 U.S.C. 

13 6333(c))). 

14 (e) ALLOTMENT AND SUBGRANT REQUIREMENTS.— 

15 (1) SUPPLEMENT, NOT SUPPLANT.—Amounts 

16 received from an allotment under subsection (c) or 

17 a subgrant under subsection (d) shall supplement, 

18 and not supplant, any other funds available to a 

19 State or local educational agency for school-based 

20 mental health services. 

21 (2) COMBINING FUNDS ALLOWED.—A local edu22 cational agency receiving a subgrant under sub23 section (d) may combine such subgrant with State or 

24 local funds to carry out the activities described in 

25 subsection (d)(1). 


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1 (f) REPORTS.— 

2 (1) LOCAL EDUCATIONAL AGENCIES.—A local 

3 educational agency that receives a subgrant under 

4 subsection (d) shall submit an annual report to the 

5 State on the activities carried out with the subgrant 

6 funds. Each such report shall— 

7 (A) describe the activities carried out using 

8 subgrant funds; 

9 (B) enumerate the number of school-based 

10 mental health services providers (in the aggre11 gate and disaggregated by profession) who— 

12 (i) were employed by or otherwise 

13 served in high-need public elementary and 

14 secondary schools under the jurisdiction of 

15 the local educational agency over the year 

16 covered by the report; and 

17 (ii) were supported with funds from 

18 the subgrant or matching funds during 

19 such year; and 

20 (C) include the most recent student to pro21 vider ratios, in the aggregate and disaggregated 

22 as provided in subsection (c)(3)(D), for high23 need schools under the jurisdiction of the local 

24 educational agency that were supported with 

25 the subgrant or matching funds. 


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1 (2) STATE.—A State receiving an allotment 

2 under subsection (c) shall annually prepare and sub3 mit a report to the Secretary that— 

4 (A) evaluates the progress made in achiev5 ing the purposes of the program under this 

6 title; 

7 (B) includes the most recent student to 

8 provider ratios, in the aggregate and 

9 disaggregated as provided in subsection 

10 (c)(3)(D), for high-need schools in the State 

11 that were assisted with subgrants under sub12 section (d); and 

13 (C) describes any other resources needed 

14 to meet the required recommended maximum 

15 student to school-based mental health services 

16 provider ratios. 

17 (3) PUBLIC AVAILABILITY.—The Secretary 

18 shall make all reports submitted under this sub19 section available to the public, including through the 

20 website of the Department. 

21 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this title— 

24 (1) $5,000,000,000 for fiscal year 2025; and 


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1 (2) such sums as may be necessary for each 

2 succeeding fiscal year. 

3 TITLE IV—SUPPORTING TRAU4 MA-INFORMED EDUCATION 

5 PRACTICES ACT 

6 SEC. 401. SHORT TITLE. 

7 This title may be cited as the ‘‘Supporting Trauma8 Informed Education Practices Act’’. 

9 SEC. 402. AMENDMENT TO THE SUPPORT FOR PATIENTS 

10 AND COMMUNITIES ACT. 

11 Section 7134 of the SUPPORT for Patients and 

12 Communities Act (42 U.S.C. 280h–7) is amended to read 

13 as follows: 

14 ‘‘SEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERV15 ICES AND MENTAL HEALTH CARE FOR CHIL16 DREN AND YOUTH IN EDUCATIONAL SET17 TINGS. 

18 ‘‘(a) AUTHORIZATION OF GRANTS.— 

19 ‘‘(1) GRANTS, CONTRACTS, AND COOPERATIVE

20 AGREEMENTS AUTHORIZED.—The Secretary, in co21 ordination with the Secretary of Health and Human 

22 Services, is authorized to award grants to, or enter 

23 into contracts or cooperative agreements with, an el24 igible entity for the purpose of increasing student, 

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1 cess to evidence-based trauma support services and 

2 mental health services by developing innovative ini3 tiatives, activities, or programs to connect schools 

4 and local educational agencies, or Tribal educational 

5 agencies, as applicable, with community trauma-in6 formed support and mental health systems, includ7 ing such systems under the Indian Health Service. 

8 ‘‘(2) RESERVATIONS.—From the total amount 

9 appropriated under subsection (l) for a fiscal year, 

10 the Secretary shall reserve— 

11 ‘‘(A) not more than 3 percent to conduct 

12 the evaluation under subsection (f); and 

13 ‘‘(B) not more than 2 percent for technical 

14 assistance and administration. 

15 ‘‘(b) DURATION.—With respect to a grant, contract, 

16 or cooperative agreement awarded or entered into under 

17 this section, the period during which payments under such 

18 grant, contract or agreement are made to the recipient 

19 may not exceed 5 years. 

20 ‘‘(c) USE OF FUNDS.—An eligible entity that receives 

21 or enters into a grant, contract, or cooperative agreement 

22 under this section shall use amounts made available 

23 through such grant, contract, or cooperative agreement for 

24 evidence-based initiatives, activities, or programs, which 

25 shall include at least 1 of the following: 


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1 ‘‘(1) Enhancing, improving, or developing col2 laborative efforts between schools, local educational 

3 agencies, or Tribal educational agencies, as applica4 ble, and community mental health and trauma-in5 formed service delivery systems to provide, develop, 

6 or improve prevention, referral, treatment, and sup7 port services to students. 

8 ‘‘(2) Implementing trauma-informed models of 

9 support, including positive behavioral interventions 

10 and supports in schools served by the eligible entity. 

11 ‘‘(3) Providing professional development to 

12 teachers, paraprofessionals, school leaders, school13 based mental health services providers, and other 

14 specialized instructional support personnel employed 

15 by local educational agencies or Tribal educational 

16 agencies, as applicable, or schools served by the eli17 gible entity that— 

18 ‘‘(A) fosters safe and stable learning envi19 ronments that prevent and mitigate the effects 

20 of trauma, including through social and emo21 tional learning; 

22 ‘‘(B) improves school capacity to identify, 

23 refer, and provide services to students in need 

24 of trauma-informed support or mental health 

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1 tify the unique personal and contextual vari2 ables that influence the manifestation of trau3 ma; and 

4 ‘‘(C) reflects the best practices for trauma5 informed identification, referral, and support 

6 developed by the Interagency Task Force on 

7 Trauma-Informed Care (as established by sec8 tion 7132). 

9 ‘‘(4) Providing trauma-informed support serv10 ices and mental health services to students at full11 service community schools served by the eligible enti12 ty. 

13 ‘‘(5) Engaging families and communities to in14 crease awareness of child and youth trauma, which 

15 may include sharing best practices with law enforce16 ment regarding trauma-informed services and work17 ing with mental health professionals to provide inter18 ventions and longer term coordinated care within the 

19 community for children and youth who have experi20 enced trauma and the families of such children and 

21 youth. 

22 ‘‘(6) Evaluating the effectiveness of the initia23 tives, activities, or programs carried out under this 

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1 based trauma support services and mental health 

2 services. 

3 ‘‘(7) Establishing partnerships with or pro4 viding subgrants to early childhood education pro5 grams or other eligible entities, to include such enti6 ties in the evidence-based trauma-informed or men7 tal health initiatives, activities, and support services 

8 established under this section in order to provide, 

9 develop, or improve prevention, referral, treatment, 

10 and support services to children and their families. 

11 ‘‘(8) Establishing new, or enhancing existing, 

12 evidence-based educational, awareness, and preven13 tion programs to improve mental health and resil14 iency among teachers, paraprofessionals, school lead15 ers, school-based mental health services providers, 

16 and other specialized instructional support personnel 

17 employed by local educational agencies or Tribal 

18 educational agencies, as applicable, or schools served 

19 by the eligible entity. 

20 ‘‘(d) APPLICATIONS.—To be eligible to receive a 

21 grant, contract, or cooperative agreement under this sec22 tion, an eligible entity shall submit an application to the 

23 Secretary at such time, in such manner, and containing 

24 such information as the Secretary may reasonably require, 

25 which shall include the following: 


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1 ‘‘(1) A description of the innovative initiatives, 

2 activities, or programs to be funded under the grant, 

3 contract, or cooperative agreement, including how 

4 such initiatives, activities, or programs will increase 

5 access to evidence-based, trauma-informed support 

6 services and mental health services for students, 

7 and, as applicable, the families of such students. 

8 ‘‘(2) A description of how the initiatives, activi9 ties, or programs will provide linguistically appro10 priate and culturally competent services. 

11 ‘‘(3) A description of how the initiatives, activi12 ties, or programs will support schools served by the 

13 eligible entity in improving school climate in order to 

14 support an environment conducive to learning. 

15 ‘‘(4) An assurance that— 

16 ‘‘(A) persons providing services under the 

17 initiative, activity, or program funded by the 

18 grant, contract, or cooperative agreement are 

19 fully licensed or certified to provide such serv20 ices; 

21 ‘‘(B) teachers, school leaders, administra22 tors, school-based mental health services pro23 viders and other specialized instructional sup24 port personnel, representatives of local Indian 

25 Tribes or Tribal organizations as appropriate, 


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1 other school personnel, individuals who have ex2 perience receiving mental health services as 

3 children, and parents of students participating 

4 in services under this section will be engaged 

5 and involved in the design and implementation 

6 of the services; and 

7 ‘‘(C) the eligible entity will comply with the 

8 evaluation required under subsection (f). 

9 ‘‘(5) A description of how the eligible entity will 

10 support and integrate existing school-based services 

11 at schools served by the eligible entity with the ini12 tiatives, activities, or programs funded under this 

13 section in order to provide trauma-informed support 

14 services or mental health services for students, as 

15 appropriate. 

16 ‘‘(6) A description of how the eligible entity will 

17 incorporate peer support services into the initiatives, 

18 activities, or programs to be funded under this sec19 tion. 

20 ‘‘(7) A description of how the eligible entity will 

21 ensure that initiatives, activities, or programs fund22 ed under this section are accessible to and include 

23 students with disabilities. 


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1 ‘‘(8) An assurance that the eligible entity will 

2 establish a local interagency agreement under sub3 section (e) and comply with such agreement. 

4 ‘‘(e) INTERAGENCY AGREEMENTS.— 

5 ‘‘(1) LOCAL INTERAGENCY AGREEMENTS.—In 

6 carrying out an evidence-based initiative, activity, or 

7 program described in subsection (c), an eligible enti8 ty that receives a grant, contract, or cooperative 

9 agreement under this section, or a designee of such 

10 entity, shall establish an interagency agreement be11 tween local educational agencies, agencies respon12 sible for early childhood education programs, Head 

13 Start agencies (including Early Head Start agen14 cies), juvenile justice authorities, mental health 

15 agencies, child welfare agencies, and other relevant 

16 agencies, authorities, or entities in the community 

17 that will be involved in the provision of services 

18 under such initiative, activity, or program. 

19 ‘‘(2) CONTENTS.—The local interagency agree20 ment required under paragraph (1) shall specify, 

21 with respect to each agency, authority, or entity that 

22 is a party to such agreement— 

23 ‘‘(A) the financial responsibility for any 

24 services provided by such entity; 


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1 ‘‘(B) the conditions and terms of responsi2 bility for such any services, including quality, 

3 accountability, and coordination of the services; 

4 and 

5 ‘‘(C) the conditions and terms of reim6 bursement of such agencies, authorities, or enti7 ties, including procedures for dispute resolution. 

8 ‘‘(f) EVALUATION.—The Secretary shall conduct a 

9 rigorous and independent evaluation of the initiatives, ac10 tivities, and programs carried out by an eligible entity 

11 under this section and disseminate evidence-based prac12 tices regarding trauma-informed support services and 

13 mental health services. 

14 ‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary 

15 shall ensure that grants, contracts, and cooperative agree16 ments awarded or entered into under this section are equi17 tably distributed among the geographical regions of the 

18 United States and among Tribal, urban, suburban, and 

19 rural populations. 

20 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed— 

22 ‘‘(1) to prohibit an entity involved with an ini23 tiative, activity, or program carried out under this 

24 section from reporting a crime that is committed by 

25 a student to appropriate authorities; or 


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1 ‘‘(2) to prevent Federal, State, local, and Tribal 

2 law enforcement and judicial authorities from exer3 cising their responsibilities with regard to the appli4 cation of Federal, State, local, and Tribal law to 

5 crimes committed by a student. 

6 ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

7 provided under this section shall be used to supplement, 

8 and not supplant, other Federal, State, or local funds 

9 available to carry out the initiatives, activities, and pro10 grams described in this section. 

11 ‘‘(j) CONSULTATION REQUIRED.—In awarding or en12 tering into grants, contracts, and cooperative agreements 

13 under this section, the Secretary shall, in a timely manner, 

14 meaningfully consult with Indian Tribes, Regional Cor15 porations, Native Hawaiian Educational Organizations, 

16 and their representatives to ensure notice of eligibility. 

17 ‘‘(k) DEFINITIONS.—In this section: 

18 ‘‘(1) EARLY CHILDHOOD EDUCATION PRO19 GRAM.—The term ‘early childhood education pro20 gram’ has the meaning given such term in section 

21 103 of the Higher Education Act of 1965 (20 

22 U.S.C. 1003). 

23 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en24 tity’ means— 

25 ‘‘(A) a State educational agency; 


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1 ‘‘(B) a local educational agency; 

2 ‘‘(C) an Indian Tribe (as defined in section 

3 4 of the Indian Self-Determination and Edu4 cation Assistance Act) or their Tribal edu5 cational agency; 

6 ‘‘(D) the Bureau of Indian Education; 

7 ‘‘(E) a Regional Corporation; 

8 ‘‘(F) a Native Hawaiian educational orga9 nization; and 

10 ‘‘(G) State, Territory, and Tribal Lead 

11 Agencies administering the Child Care and De12 velopment Fund as described in section 

13 658D(a) of the Child Care and Development 

14 Block Grant Act (42 U.S.C. 9858b(a)). 

15 ‘‘(3) ESEA TERMS.— 

16 ‘‘(A) The terms ‘elementary school’, ‘evi17 dence-based’, ‘local educational agency’, ‘para18 professional’, ‘parent’, ‘professional develop19 ment’, ‘school leader’, ‘secondary school’, ‘Sec20 retary’, ‘specialized instructional support per21 sonnel’, and ‘State educational agency’ have the 

22 meanings given such terms in section 8101 of 

23 the Elementary and Secondary Education Act 

24 of 1965 (20 U.S.C. 7801). 


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1 ‘‘(B) The term ‘full-service community 

2 school’ has the meaning given such term in sec3 tion 4622 of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 7272). 

5 ‘‘(C) The term ‘Native Hawaiian edu6 cational organization’ has the meaning given 

7 such term in section 6207 of the Elementary 

8 and Secondary Education Act of 1965 (20 

9 U.S.C. 7517). 

10 ‘‘(D) The term ‘school-based mental health 

11 services provider’ has the meaning given the 

12 term in section 4102 of the Elementary and 

13 Secondary Education Act of 1965 (20 U.S.C. 

14 7112). 

15 ‘‘(4) REGIONAL CORPORATION.—The term ‘Re16 gional Corporation’ has the meaning given the term 

17 in section 3 of the Alaska Native Claims Settlement 

18 Act (43 U.S.C. 1602)). 

19 ‘‘(5) SCHOOL.—The term ‘school’ means a pub20 lic elementary school or public secondary school. 

21 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section, 

23 $50,000,000 for each of fiscal years 2025 through 2029.’’. 


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1 TITLE V—RESPOND, INNOVATE, 

2 SUCCEED, AND EMPOWER ACT 

3 SEC. 501. SHORT TITLE. 

4 This title may be cited as the ‘‘Respond, Innovate, 

5 Succeed, and Empower Act’’ or the ‘‘RISE Act’’. 

6 SEC. 502. PERFECTING AMENDMENT TO THE DEFINITION 

7 OF DISABILITY. 

8 Section 103(6) of the Higher Education Act of 1965 

9 (20 U.S.C. 1003(6)) is amended by striking ‘‘section 

10 3(2)’’ and inserting ‘‘section 3’’. 

11 SEC. 503. SUPPORTING STUDENTS WITH DISABILITIES TO 

12 SUCCEED ONCE ENROLLED IN COLLEGE. 

13 Section 487(a) of the Higher Education Act of 1965 

14 (20 U.S.C. 1094(a)) is amended by adding at the end the 

15 following: 

16 ‘‘(30)(A) The institution will carry out the fol17 lowing: 

18 ‘‘(i) Adopt policies that make any of the 

19 following documentation submitted by an indi20 vidual sufficient to establish that such indi21 vidual is an individual with a disability: 

22 ‘‘(I) Documentation that the indi23 vidual has had an individualized education 

24 program (IEP) in accordance with section 

25 614(d) of the Individuals with Disabilities 


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1 Education Act, including an IEP that may 

2 not be current on the date of the deter3 mination that the individual has a dis4 ability. The institution may ask for addi5 tional documentation from an individual 

6 who had an IEP but who was subsequently 

7 evaluated and determined to be ineligible 

8 for services under the Individuals with Dis9 abilities Education Act, including an indi10 vidual determined to be ineligible during 

11 elementary school. 

12 ‘‘(II) Documentation describing serv13 ices or accommodations provided to the in14 dividual pursuant to section 504 of the Re15 habilitation Act of 1973 (29 U.S.C. 794) 

16 (commonly referred to as a ‘Section 504 

17 plan’). 

18 ‘‘(III) A plan or record of service for 

19 the individual from a private school, a local 

20 educational agency, a State educational 

21 agency, or an institution of higher edu22 cation provided in accordance with the 

23 Americans with Disabilities Act of 1990 

24 (42 U.S.C. 12101 et seq.). 


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1 ‘‘(IV) A record or evaluation from a 

2 relevant licensed professional finding that 

3 the individual has a disability. 

4 ‘‘(V) A plan or record of disability 

5 from another institution of higher edu6 cation. 

7 ‘‘(VI) Documentation of a disability 

8 due to service in the uniformed services, as 

9 defined in section 484C(a). 

10 ‘‘(ii) Adopt policies that are transparent 

11 and explicit regarding information about the 

12 process by which the institution determines eli13 gibility for accommodations. 

14 ‘‘(iii) Disseminate such information to stu15 dents, parents, and faculty in an accessible for16 mat, including during any student orientation 

17 and making such information readily available 

18 on a public website of the institution. 

19 ‘‘(B) Nothing in this paragraph shall be con20 strued to preclude an institution from establishing 

21 less burdensome criteria than that described in sub22 paragraph (A) to establish an individual as an indi23 vidual with a disability and therefore eligible for ac24 commodations.’’. 


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1 SEC. 504. AUTHORIZATION OF FUNDS FOR THE NATIONAL 

2 CENTER FOR INFORMATION AND TECHNICAL 

3 SUPPORT FOR POSTSECONDARY STUDENTS 

4 WITH DISABILITIES. 

5 Section 777(a) of the Higher Education Act of 1965 

6 (20 U.S.C. 1140q(a)) is amended— 

7 (1) in paragraph (1), by striking ‘‘From 

8 amounts appropriated under section 778,’’ and in9 serting ‘‘From amounts appropriated under para10 graph (5),’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this subsection $10,000,000.’’. 

15 SEC. 505. INCLUSION OF INFORMATION ON STUDENTS 

16 WITH DISABILITIES. 

17 Section 487(a) of the Higher Education Act of 1965 

18 (20 U.S.C. 1094(a)), as amended by section 503, is fur19 ther amended by adding at the end the following: 

20 ‘‘(31) The institution will submit, for inclusion 

21 in the Integrated Postsecondary Education Data 

22 System (IPEDS) or any other Federal postsec23 ondary institution data collection effort, key data re24 lated to undergraduate students enrolled at the in25 stitution who are formally registered as students 

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1 ability services (or the equivalent office), including 

2 the total number of students with disabilities en3 rolled, the number of students accessing or receiving 

4 accommodations, the percentage of students with 

5 disabilities of all undergraduate students, and the 

6 total number of undergraduate certificates or de7 grees awarded to students with disabilities. An insti8 tution shall not be required to submit the informa9 tion described in the preceding sentence if the num10 ber of such students would reveal personally identifi11 able information about an individual student.’’. 

12 SEC. 506. RULE OF CONSTRUCTION. 

13 None of the amendments made by this title shall be 

14 construed to affect the meaning of the terms ‘‘reasonable 

15 accommodation’’ or ‘‘record of impairment’’ under the 

16 Americans with Disabilities Act of 1990 (42 U.S.C. 12101 

17 et seq.) or the rights or remedies provided under such Act. 

18 TITLE VI—STRENGTHENING BE19 HAVIORAL HEALTH BENEFITS 

20 ACT 

21 SEC. 601. SHORT TITLE. 

22 This title may be cited as the ‘‘Strengthening Behav23 ioral Health Benefits Act’’. 


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1 SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUB2 STANCE USE DISORDER REQUIREMENTS. 

3 (a) CIVIL MONETARY PENALTIES RELATING TO PAR4 ITY IN MENTAL HEALTH AND SUBSTANCE USE DIS5 ORDERS.—Section 502(c)(10) of the Employee Retirement 

6 Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) 

7 is amended— 

8 (1) in the heading, by striking ‘‘USE OF GE9 NETIC INFORMATION’’ and inserting ‘‘USE OF GE10 NETIC INFORMATION AND PARITY IN MENTAL

11 HEALTH AND SUBSTANCE USE DISORDER BENE12 FITS’’; and 

13 (2) in subparagraph (A)— 

14 (A) by striking ‘‘any plan sponsor of a 

15 group health plan’’ and inserting ‘‘any plan 

16 sponsor or plan administrator of a group health 

17 plan’’; and 

18 (B) by striking ‘‘for any failure’’ and all 

19 that follows through ‘‘in connection with the 

20 plan.’’ and inserting ‘‘for any failure by such 

21 sponsor, administrator, or issuer, in connection 

22 with the plan— 

23 ‘‘(i) to meet the requirements of sub24 section (a)(1)(F), (b)(3), (c), or (d) of sec25 tion 702 or section 701 or 702(b)(1) with 

26 respect to genetic information; or 


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1 ‘‘(ii) to meet the requirements of sub2 section (a) of section 712 with respect to 

3 parity in mental health and substance use 

4 disorder benefits.’’. 

5 (b) CLARIFICATION OF GENERAL ENFORCEMENT

6 AUTHORITIES.— 

7 (1) ACTIONS BROUGHT BY A PARTICIPANT, 

8 BENEFICIARY, OR FIDUCIARY.—Section 502(a)(3) of 

9 such Act (29 U.S.C. 1132(a)(3)) is amended— 

10 (A) by striking ‘‘or (B)’’ and inserting 

11 ‘‘(B)’’; and 

12 (B) by inserting before the semicolon at 

13 the end the following: ‘‘, or (C) to require re14 adjudication and payment of benefits to remedy 

15 violations of this title notwithstanding the avail16 ability of relief under other provisions of this 

17 title’’. 

18 (2) ACTIONS BROUGHT BY THE SECRETARY.— 

19 Section 502(a)(5) of such Act (29 U.S.C. 

20 1132(a)(5)) is amended— 

21 (A) by striking ‘‘or (B)’’ and inserting 

22 ‘‘(B)’’; and 

23 (B) by inserting before the semicolon at 

24 the end the following: ‘‘, or (C) to require re25 adjudication and payment of benefits to remedy 


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1 violations of this title notwithstanding the avail2 ability of relief under other provisions of this 

3 title’’. 

4 (c) EXCEPTION TO THE GENERAL PROHIBITION ON

5 ENFORCEMENT.—Section 502 of such Act (29 U.S.C. 

6 1132) is amended— 

7 (1) in subsection (a)(6), by striking ‘‘or (9)’’ 

8 and inserting ‘‘(9), or (10)’’; and 

9 (2) in subsection (b)(3)— 

10 (A) by striking ‘‘in subsections (c)(9) and 

11 (a)(6)’’ and inserting ‘‘in subsections (c)(9), 

12 (c)(10), and (a)(6)’’; and 

13 (B) by striking ‘‘under subsection (c)(9))’’ 

14 and inserting ‘‘under subsections (c)(9) and 

15 (c)(10)), and except with respect to enforce16 ment by the Secretary under section 712’’. 

17 (d) FUNDING.— 

18 (1) IN GENERAL.—In addition to amounts oth19 erwise available, there are appropriated (out of any 

20 money in the Treasury not otherwise appropriated) 

21 to the Department of Labor for fiscal year 2023, to 

22 remain available until September 30, 2032, 

23 $275,000,000, of which— 

24 (A) $240,000,000 shall be for the Em25 ployee Benefits Security Administration; and 


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1 (B) $35,000,000 shall be for the Solicitor 

2 of Labor. 

3 (2) USE OF APPROPRIATED FUNDS.—Amounts 

4 made available under paragraph (1) may be used for 

5 audits and investigations, enforcement actions, liti6 gation expenses, issuance of regulations or guidance, 

7 and any other departmental activities relating to sec8 tion 712 of the Employee Retirement Income Secu9 rity Act of 1974 (29 U.S.C. 1185a) and any other 

10 provision of title I of such Act relating to mental 

11 health and substance use disorder benefits. 

12 TITLE VII—EMPLOYEE AND RE13 TIREE ACCESS TO JUSTICE 

14 ACT 

15 SEC. 701. SHORT TITLE. 

16 This title may be cited as the ‘‘Employee and Retiree 

17 Access to Justice Act’’. 

18 SEC. 702. UNENFORCEABLE ARBITRATION CLAUSES, CLASS 

19 ACTION WAIVERS, REPRESENTATION WAIV20 ERS, AND DISCRETIONARY CLAUSES. 

21 (a) IN GENERAL.—Section 502 of the Employee Re22 tirement Income Security Act of 1974 (29 U.S.C. 1132) 

23 is amended by adding at the end the following: 

24 ‘‘(n)(1) In any civil action brought by, or on behalf 

25 of, a participant or beneficiary pursuant to this section 


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1 or with respect to a common law claim involving a plan 

2 or plan benefit, notwithstanding any other provision of 

3 law— 

4 ‘‘(A) no predispute arbitration provision shall 

5 be valid or enforceable if it requires arbitration of a 

6 matter related to a claim brought under this section; 

7 ‘‘(B) no postdispute arbitration provision shall 

8 be valid or enforceable unless— 

9 ‘‘(i) the provision was not required by any 

10 person, obtained by coercion or threat of ad11 verse action, or made a condition of partici12 pating in a plan, receiving benefits under a 

13 plan, or receiving any other employment, work, 

14 or any employment-related or work-related 

15 privilege or benefit; 

16 ‘‘(ii) each participant or beneficiary agree17 ing to the provision was informed, through a 

18 paper notice, in a manner reasonably calculated 

19 to be understood by the average plan partici20 pant, of the right of the participant or bene21 ficiary under subparagraph (C) to refuse to 

22 agree to the provision without retaliation or 

23 threat of retaliation; 

24 ‘‘(iii) each participant or beneficiary agree25 ing to the provision so agreed after a waiting 


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1 period of not fewer than 45 days, beginning on 

2 the date on which the participant or beneficiary 

3 was provided both the final text of the provision 

4 and the disclosures required under clause (ii); 

5 and 

6 ‘‘(iv) each participant or beneficiary agree7 ing to the provision affirmatively consented to 

8 the provision in writing; 

9 ‘‘(C) no covered provision shall be valid or en10 forceable, if prior to a dispute to which the covered 

11 provision applies, a participant or beneficiary under12 takes or promises not to pursue, bring, join, litigate, 

13 or support any kind of individual, joint, class, rep14 resentative, or collective claim available under this 

15 section in any forum that, but for such covered pro16 vision, is of competent jurisdiction; 

17 ‘‘(D) no covered provision shall be valid or en18 forceable, if after a dispute to which the covered pro19 vision applies arises, a participant or beneficiary un20 dertakes or promises not to pursue, bring, join, liti21 gate, or support any kind of individual, joint, class, 

22 representative, or collective claim under this section 

23 in any forum that, but for such covered provision, is 

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1 sion meets the requirements of subparagraph (B); 

2 and 

3 ‘‘(E) no covered provision related to a plan 

4 other than a multiemployer plan shall be valid or en5 forceable that purports to confer discretionary au6 thority to any person with respect to benefit deter7 minations or interpretation of plan language, or to 

8 provide a standard of review of such determinations 

9 or interpretation by a reviewing court in an action 

10 brought under this section that would require any11 thing other than de novo review of such determina12 tions or interpretation. 

13 ‘‘(2) In this subsection— 

14 ‘‘(A) the term ‘covered provision’ means any 

15 document, instrument, or agreement related to a 

16 plan or plan benefit, regardless of whether such pro17 vision appears in a plan document or in a separate 

18 agreement; 

19 ‘‘(B) the term ‘predispute arbitration provision’ 

20 means a covered provision that requires a partici21 pant or beneficiary to arbitrate a dispute related to 

22 the plan or an amendment to the plan that had not 

23 yet arisen at the time such provision took effect; 

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1 ticipant or beneficiary to arbitrate a dispute related 

2 to the plan or an amendment to the plan that arose 

3 before the time such provision took effect; and 

4 ‘‘(D) the term ‘retaliation’ means any action in 

5 violation of section 510. 

6 ‘‘(3)(A) Any dispute as to whether a covered provi7 sion that requires a participant or beneficiary to arbitrate 

8 a dispute related to a plan is valid and enforceable shall 

9 be determined by a court, rather than an arbitrator, re10 gardless of whether any contractual provision purports to 

11 delegate such determinations to the arbitrator and irre12 spective of whether the party resisting arbitration chal13 lenges the arbitration agreement specifically or in conjunc14 tion with other terms of the contract containing such 

15 agreement. 

16 ‘‘(B) For purposes of this subsection, a dispute shall 

17 be considered to arise only when a plaintiff has actual 

18 knowledge (within the meaning of such term in section 

19 413) of a breach or violation giving rise to a claim under 

20 this section.’’. 

21 (b) REGULATIONS.—The Secretary of Labor may 

22 promulgate such regulations as may be necessary to carry 

23 out the amendment made by subsection (a), including pro24 viding for the form and content of notices required pursu25 ant to such amendment. 


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1 SEC. 703. PROHIBITION ON MANDATORY ARBITRATION 

2 CLAUSES, CLASS ACTION WAIVERS, REP3 RESENTATION WAIVERS, AND DISCRE4 TIONARY CLAUSES. 

5 Section 402 of the Employee Retirement Income Se6 curity Act of 1974 (29 U.S.C. 1102) is amended by adding 

7 at the end the following: 

8 ‘‘(d)(1) No covered person may— 

9 ‘‘(A) require participants or beneficiaries to 

10 agree to a predispute arbitration provision as a con11 dition for participation in, or receipt of benefits 

12 under, a plan; 

13 ‘‘(B) agree to a postdispute arbitration provi14 sion with a participant or beneficiary with respect to 

15 a plan or plan benefit unless the conditions of 

16 clauses (i) through (iv) of section 502(n)(1)(B) are 

17 satisfied with respect to such provision; or 

18 ‘‘(C) agree to any other covered provision with 

19 respect to a plan or plan benefit under any cir20 cumstances under which such provision would not be 

21 valid and enforceable under subparagraphs (C) 

22 through (E) section 502(n)(1). 

23 ‘‘(2) In this subsection— 

24 ‘‘(A) the term ‘covered person’ means— 

25 ‘‘(i) a plan; 

26 ‘‘(ii) a plan sponsor; 


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1 ‘‘(iii) an employer; or 

2 ‘‘(iv) a person engaged by a plan for pur3 poses of administering or operating the plan; 

4 and 

5 ‘‘(B) the terms ‘covered provision’, ‘predispute 

6 arbitration provision’ and ‘postdispute arbitration 

7 provision’ have the meanings given such terms in 

8 section 502(n)(2).’’. 

9 SEC. 704. EFFECTIVE DATE. 

10 (a) IN GENERAL.—The amendments made by sec11 tions 702 and 703 shall take effect on the date of enact12 ment of this Act and shall apply with respect to any dis13 pute or claim that arises or accrues on or after such date, 

14 including any dispute or claim to which a provision pre15 dating such date applies, regardless of whether plan docu16 ments have been updated in accordance with such amend17 ments. 

18 (b) ENFORCEMENT WITH RESPECT TO PLAN DOCU19 MENT UPDATES.—Notwithstanding subsection (a), no 

20 person shall be deemed to be in violation of such amend21 ments on account of plan documents that have not been 

22 updated in accordance with such amendments until after 

23 the beginning of the first plan year that begins on or after 

24 the date that is 1 year after the date of enactment of this 

25 Act, provided that such person acts in accordance with 


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1 such amendments during the period in which the plan doc2 uments have not been updated. 

Æ 


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