I 

113TH CONGRESS 

1ST SESSION H. R. 1940 

To establish an Office of Specialized Instructional Support in the Department 

of Education and to provide grants to State educational agencies to 

reduce barriers to learning. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2013 

Mr. LOEBSACK (for himself, Mr. MICHAUD, Mr. PAYNE, Ms. MCCOLLUM, and 

Mr. PRICE of North Carolina) introduced the following bill; which was 

referred to the Committee on Education and the Workforce 

A BILL 

To establish an Office of Specialized Instructional Support 

in the Department of Education and to provide grants 

to State educational agencies to reduce barriers to learning. 

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 ‘‘Reducing Barriers to 

5 Learning Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Interventions to increase students’ bonding 

2 to school promote academic success by reducing bar3 riers to learning. 

4 (2) Interventions that foster students’ engage5 ment in school have been shown to reduce high 

6 school dropout rates. 

7 (3) Interventions that strengthen students’ so8 cial, emotional, and decisionmaking skills also posi9 tively impact their academic achievement, both in 

10 terms of higher standardized test scores and better 

11 grades. 

12 (4) Prevention and early intervention programs 

13 that target elementary school-aged students who are 

14 academically and socially at risk have been shown to 

15 produce declines in special education referrals and 

16 placement, suspension, grade retention, and discipli17 nary referrals. 

18 (5) Students with barriers to learning, such as 

19 low levels of resilience assets (such as high expecta20 tions and caring relationships at school), have lower 

21 levels of academic achievement both in low- and 

22 high-performing schools. 

23 (6) Increasing students’ engagement and sense 

24 of community in the school produces reductions in 


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1 problem behaviors, increased associations with 

2 prosocial peers, and better academic performance. 

3 (7) School mental health programs improve 

4 educational outcomes by decreasing absences and 

5 discipline referrals and improving test scores. 

6 (8) Students who receive social-emotional sup7 port and prevention services achieve better academi8 cally in school. 

9 (9) While it is well recognized that mental 

10 health directly affects children’s learning and devel11 opment, in a recent study one-third of school dis12 tricts reported decreased funding for school mental 

13 health services at the same time that two-thirds re14 ported increased need for such services. 

15 (10) Nearly 15 to 18 percent of children and 

16 adolescents have a chronic health condition, nearly 

17 half of whom could be considered disabled. School 

18 nursing provides access to high quality, cost-effective 

19 care to our Nation’s school children, including the 

20 most vulnerable. Improving access and overall health 

21 outcomes supports positive learning outcomes in our 

22 schools. 

23 (11) School counseling programs are essential 

24 for students to achieve optimal personal growth, ac25 quire positive social skills and values, set appropriate 


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1 career goals, and realize full academic potential to 

2 become productive, contributing members of the 

3 world community. 

4 (12) Seventy percent of children receiving serv5 ices from speech-language pathologists make 

6 progress in emergent literacy skills, and 75 percent 

7 make progress in word recognition, an important 

8 component of literacy skills; over two-thirds of class9 room teachers report that students receiving these 

10 services show improved reading skills in the class11 room. 

12 (13) Use of creative arts therapies (including 

13 art therapy, dance/movement therapy, and music 

14 therapy) promote learning and skill acquisition (in15 cluding enhanced literacy skills), increased attention, 

16 improved behavior, increased socialization, improved 

17 receptive/expressive language, self-expression, and a 

18 more positive attitude for learning. 

19 (14) Ninety-seven percent of children in the 

20 United States spend their days at school. Therefore, 

21 the school can be an important site where health and 

22 education risks (such as depression, absenteeism, 

23 and substance use) may be identified and timely 

24 interventions initiated. 


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1 (15) Whole-school interventions using positive 

2 behavior support have been shown to decrease be3 havior problems while improving academic perform4 ance, as measured by standardized tests in reading 

5 and mathematics. 

6 (16) Branches of Federal agencies need to re7 evaluate policies aimed at enhancing school-based 

8 mental health and become more proactive in pro9 viding leadership to achieve integrated, collaborative, 

10 and effective programs aimed at improving the men11 tal health of America’s children. 

12 (17) Twenty percent of the 53 million children 

13 attending school in the United States will, at some 

14 point, meet the criteria for a diagnosable mental ill15 ness at a level of impairment that requires some 

16 type of intervention. Thus, there is the potential that 

17 over 10 million children will need some type of help 

18 to meet the goals relating to emotional well-being in 

19 the Elementary and Secondary Education Act of 

20 1965 (20 U.S.C. 6301 et seq.). 

21 (18) More than three-quarters of schools have 

22 a coordinator of mental health and social services in 

23 the school; nearly two-thirds of school districts have 

24 a coordinator who serves this role; and one-half of 

25 the States have a coordinator of school mental 


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1 health and social services. However, there is cur2 rently no person responsible for overseeing or pro3 moting these services and supports in the Depart4 ment of Education. 

5 SEC. 3. OFFICE OF SPECIALIZED INSTRUCTIONAL SUP6 PORT. 

7 (a) IN GENERAL.—The Department of Education 

8 Organization Act (20 U.S.C. 3401 et seq.) is amended by 

9 redesignating sections 219 and 220 as sections 220 and 

10 221, respectively, and by inserting after section 218 the 

11 following new section: 

12 ‘‘SEC. 219. OFFICE OF SPECIALIZED INSTRUCTIONAL SUP13 PORT. 

14 ‘‘(a) ESTABLISHMENT.—There shall be, in the De15 partment, an Office of Specialized Instructional Support 

16 (referred to in this section as the ‘Office’). 

17 ‘‘(b) DIRECTOR.— 

18 ‘‘(1) APPOINTMENT AND REPORTING.—The Of19 fice shall be under the direction of the Director of 

20 Specialized Instructional Support who shall be ap21 pointed by the Secretary and who shall report di22 rectly to the Deputy Secretary. 

23 ‘‘(2) FUNCTIONS.—The Director of Specialized 

24 Instructional Support, through the Office, shall 

25 carry out the following activities: 


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1 ‘‘(A) Improve specialized instructional sup2 port services in schools in order to better ad3 dress barriers to student learning and improve 

4 academic achievement and educational results 

5 for students. 

6 ‘‘(B) Identify and disseminate scientifically 

7 based practices in specialized instructional sup8 port services that effectively address barriers to 

9 education and improve both academic achieve10 ment and educational results for students. 

11 ‘‘(C) Provide continuous training and pro12 fessional development opportunities for special13 ized instructional support personnel and other 

14 personnel in the use of effective techniques to 

15 address academic, behavioral, emotional, social, 

16 mental health, and functional needs. 

17 ‘‘(D) Provide technical assistance to State 

18 specialized instructional support coordinators, if 

19 any, as well as to local and State educational 

20 agencies in the provision of effective, scientif21 ically based specialized instructional support 

22 services. 

23 ‘‘(E) Coordinate specialized instructional 

24 support services programs and services in 


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1 schools between the Department and other Fed2 eral agencies, as appropriate.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for such Act is amended by redesignating the items relat5 ing to sections 219 and 220 as relating to sections 220 

6 and 221, respectively, and by inserting after the item re7 lating to section 218 the following new item: 

‘‘Sec. 219. Office of Specialized Instructional Support.’’. 

8 SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES TO RE9 DUCE BARRIERS TO LEARNING. 

10 (a) IN GENERAL.—Title I of the Elementary and 

11 Secondary Education Act of 1965 (20 U.S.C. 6301 et 

12 seq.) is amended by redesignating part I as part J and 

13 by inserting after part H the following new part: 

14 ‘‘PART I—REDUCED BARRIERS TO LEARNING 

15 ‘‘SEC. 1901. PURPOSES. 

16 ‘‘The purposes of this part are— 

17 ‘‘(1) to build the capacity of States to identify 

18 and respond to the need for specialized instructional 

19 support services at the local educational agency level 

20 in order to promote student success for all students; 

21 ‘‘(2) to promote comprehensive and coordinated 

22 delivery of services within and across Federal, State, 

23 and local educational agencies and in collaboration 

24 with available community agencies supports and 

25 services; 


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1 ‘‘(3) to promote evidenced-based practices that 

2 have demonstrated effectiveness in reducing barriers 

3 to learning and improving student outcomes; 

4 ‘‘(4) to monitor the access, use, availability, and 

5 adequacy of resources, services, and personnel de6 signed to specifically address barriers to learning at 

7 the district and individual school level; 

8 ‘‘(5) to assist in the recruitment, retention, and 

9 adequate staffing of specialized instructional support 

10 personnel to meet the needs of students experiencing 

11 barriers to learning at the local educational agency 

12 and individual school level; and 

13 ‘‘(6) to improve shared accountability for stu14 dent outcomes by all school personnel. 

15 ‘‘SEC. 1902. GRANTS TO STATE EDUCATIONAL AGENCIES. 

16 ‘‘(a) GRANTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary may award 

18 competitive grants under this part to State edu19 cational agencies— 

20 ‘‘(A) to establish or expand specialized in21 structional support services and programs at 

22 the State level that are designed to provide 

23 technical assistance, and coordinate and sup24 port specialized instructional support services 

25 and programs, for the purpose of addressing 


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1 barriers to learning within local educational 

2 agencies and individual schools; and 

3 ‘‘(B) to hire and support specialized in4 structional support services coordinators to pro5 vide such assistance, coordination, and support. 

6 ‘‘(2) BARRIERS TO LEARNING.—For purposes 

7 of this part, the term ‘barriers to learning’ include 

8 any social, emotional, behavioral, physical, environ9 mental, or academic factor that substantially inter10 feres with a student’s ability to achieve academically 

11 and successfully complete secondary school. Such 

12 factors may include acute or transitional factors 

13 such as family conflict, homelessness, geographic re14 location, grief and loss, emotional stress, mental or 

15 physical illness, or mild learning problems, and more 

16 chronic or severe factors commonly associated with 

17 a disability. 

18 ‘‘(b) PRIORITY.—In awarding grants under this sec19 tion, the Secretary shall give priority to applications that 

20 demonstrate— 

21 ‘‘(1) the greatest financial need based upon the 

22 percentage of students identified as requiring spe23 cialized instructional support services and programs 

24 in order to overcome barriers to learning and aca25 demic achievement; 


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1 ‘‘(2) the greatest need based upon the limited 

2 amount of resources, services, or personnel (within 

3 local educational agencies and individual schools) 

4 available to specifically address barriers to learning 

5 and academic achievement; and 

6 ‘‘(3) the greatest potential for program sustain7 ability following the completion of the grant’s dura8 tion. 

9 ‘‘(c) MATCHING REQUIREMENT.—To be eligible to 

10 receive a grant under this section, a State educational 

11 agency shall provide non-Federal matching funds equal to 

12 not less than 50 percent of the amount of the grant. 

13 ‘‘(d) DURATION.—Grants under this section shall be 

14 awarded for a period of not more than 5 years. 

15 ‘‘(e) ADMINISTRATIVE COSTS.—A State educational 

16 agency that receives a grant under this part may reserve 

17 not more than 15 percent of the grant funds for adminis18 trative expenses. 

19 ‘‘(f) SUPPLEMENT; NOT SUPPLANT.—Funds made 

20 available under this part shall be used to supplement, and 

21 not supplant, any other Federal, State, or local funds that 

22 would otherwise be available to carry out the activities as23 sisted under this part. 


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1 ‘‘SEC. 1903. STATE APPLICATIONS. 

2 ‘‘(a) IN GENERAL.—Each State educational agency 

3 seeking a grant under this part shall submit an application 

4 to the Secretary at such time, in such manner, and accom5 panied by such information as the Secretary may require. 

6 ‘‘(b) CONTENTS.—Each application for a grant under 

7 this section shall also describe— 

8 ‘‘(1) the needs of the State in meeting the pur9 poses of this part; 

10 ‘‘(2) if a State intends to hire a specialized in11 structional support services coordinator, the quali12 fications of the specialized instructional support 

13 services coordinators demonstrating that personnel 

14 are knowledgeable and experienced in school sys15 tems, operations, and the specific role and function 

16 of specialized instructional support services; 

17 ‘‘(3) the specific leadership activities to be per18 formed by the coordinators in order to address such 

19 purposes; 

20 ‘‘(4) the school population to be targeted for 

21 services by the specialized instructional support serv22 ices; 

23 ‘‘(5) the specific student outcomes expected as 

24 a result of delivering these services; 

25 ‘‘(6) the adequacy of staffing as compared to 

26 student needs for specialized instructional support 


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1 personnel, especially personnel representing diverse 

2 cultural populations; 

3 ‘‘(7) the proposed strategies for recruiting and 

4 retaining specialized instructional support personnel, 

5 including professional development, mentoring, and 

6 hiring incentives; 

7 ‘‘(8) the methods to be used to evaluate the 

8 outcomes and effectiveness of the program; and 

9 ‘‘(9) how the State and local educational agen10 cies will involve community groups, social service 

11 agencies, and other public and private entities in co12 ordinated, collaborative efforts to reduce barriers to 

13 learning. 

14 ‘‘SEC. 1904. EVALUATION AND REPORTING. 

15 ‘‘(a) IN GENERAL.—The Secretary shall evaluate the 

16 programs assisted under this part. 

17 ‘‘(b) REPORTING.—Not later than 3 years after 

18 grants are awarded under this part to the State edu19 cational agencies, the Secretary shall make publicly avail20 able a report— 

21 ‘‘(1) detailing the results of the Secretary’s 

22 evaluation of each program assisted pursuant to a 

23 grant under this part; 


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1 ‘‘(2) demonstrating how each State educational 

2 agency receiving a grant under this part reduced 

3 barriers to learning for students; and 

4 ‘‘(3) demonstrating how each State educational 

5 agency receiving a grant under this part improved 

6 the coordination and collaboration of specialized in7 structional support services at the local and indi8 vidual school level and with community groups, so9 cial services agencies, or other public or private serv10 ice agencies working to reduce barriers to learning. 

11 ‘‘SEC. 1905. AUTHORIZATIONS. 

12 ‘‘There are authorized to carry out this part such 

13 sums as may be necessary for fiscal year 2014 and each 

14 of the 5 succeeding fiscal years.’’. 

15 (b) REFERENCES TO PUBLIC SERVICES AND PER16 SONNEL.— 

17 (1) The Elementary and Secondary Education 

18 Act of 1965 is amended— 

19 (A) by striking ‘‘pupil services’’ each place 

20 it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 

21 1416(4), and 4152(2) and inserting ‘‘special22 ized instructional support services’’, and 

23 (B) by striking ‘‘pupil services personnel’’ 

24 each place it appears and inserting ‘‘specialized 

25 instructional support personnel’’. 


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1 (2) Paragraph (36) of section 9101 of such Act 

2 (20 U.S.C. 7801) is amended to read as follows: 

3 ‘‘(36) SPECIALIZED INSTRUCTIONAL SUPPORT

4 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

5 SERVICES.— 

6 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP7 PORT PERSONNEL.—The term ‘specialized in8 structional support personnel’ means school 

9 counselors, school social workers, school psy10 chologists, school nurses, and other qualified 

11 professional personnel involved in providing as12 sessment, diagnosis, counseling, educational, 

13 therapeutic, and other necessary services (in14 cluding related services as that term is defined 

15 in section 602 of the Individuals with Disabil16 ities Education Act) as part of a comprehensive 

17 program to meet student needs. 

18 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP19 PORT SERVICES.—The term ‘specialized instruc20 tional support services’ means the services pro21 vided by specialized instructional support per22 sonnel.’’. 

23 (c) CLERICAL AMENDMENTS.— 

24 (1) Sections 1901 through 1908 of part J of 

25 title I of the Elementary and Secondary Education 


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1 Act of 1965 (as redesignated by subsection (a)) are 

2 redesignated as sections 1921 through 1928, respec3 tively. 

4 (2) The table of contents for the Elementary 

5 and Secondary Education Act of 1965 is amended 

6 by striking the items relating to part I of title I and 

7 inserting the following new items: 

‘‘PART I—REDUCED BARRIERS TO LEARNING

‘‘Sec. 1901. Purposes. 

‘‘Sec. 1902. Grants to State educational agencies. 

‘‘Sec. 1903. State applications. 

‘‘Sec. 1904. Evaluation and reporting. 

‘‘Sec. 1905. Authorizations. 

‘‘PART J—GENERAL PROVISIONS

‘‘Sec. 1921. Federal regulations. 

‘‘Sec. 1922. Agreements and records. 

‘‘Sec. 1923. State administration. 

‘‘Sec. 1924. Local educational agency spending audits. 

‘‘Sec. 1925. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 1926. Rule of construction on equalized spending. 

‘‘Sec. 1927. State report on dropout data. 

‘‘Sec. 1928. Regulations for sections 1111 and 1116.’’. 

8 (3) Section 1922 of such Act, as redesignated 

9 by paragraph (1), is amended by striking ‘‘1901’’ 

10 and inserting ‘‘1921’’. 

11 (4) Paragraph (11) of section 1111(c) of such 

12 Act is amended by striking ‘‘1903(b)’’ and inserting 

13 ‘‘1923(b)’’. 

Æ 


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