I 

118TH CONGRESS 

2D SESSION H. R. 7108 

To support States and high-need local educational agencies in increasing 

the number of mental health services providers in schools. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2024 

Ms. DELAURO (for herself, Mr. FITZPATRICK, and Mrs. HAYES) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

A BILL 

To support States and high-need local educational agencies 

in increasing the number of mental health services providers in schools. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Expanding Access to Mental Health Services in Schools 

6 Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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Sec. 3. Definitions. 

Sec. 4. School-based mental health services grant program. 

Sec. 5. Rule. 

1 SEC. 2. PURPOSES. 

2 The purpose of this Act is to increase the number 

3 of school-based mental health services providers. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ELIGIBLE AGENCY.—The term ‘‘eligible 

7 agency’’ means— 

8 (A) a high-need local educational agency; 

9 (B) an educational service agency acting 

10 on behalf of 1 or more high-need local edu11 cational agencies; or 

12 (C) a State educational agency. 

13 (2) ESEA DEFINITIONS.—The terms ‘‘child 

14 with a disability’’, ‘‘educational service agency’’, ‘‘el15 ementary school’’, ‘‘English learner’’, ‘‘evidence16 based’’, ‘‘institution of higher education’’, ‘‘local 

17 educational agency’’, ‘‘other staff’’, ‘‘outlying area’’, 

18 ‘‘paraprofessional’’, ‘‘professional development’’, 

19 ‘‘school leader’’, ‘‘secondary school’’, ‘‘specialized in20 structional support personnel’’, ‘‘Secretary’’, 

21 ‘‘State’’, and ‘‘State educational agency’’ have the 

22 meanings given the terms in section 8101 of the Ele23 mentary and Secondary Education Act of 1965 (20 

24 U.S.C. 7801). 


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1 (3) HIGH-NEED LOCAL EDUCATIONAL AGEN2 CY.—The term ‘‘high-need local educational agency’’ 

3 means a local education agency that, as the date of 

4 application for this Act— 

5 (A) is among the highest 15 percent of all 

6 local educational agencies in the State, as deter7 mined by the Secretary, based on either— 

8 (i) the number of children in each 

9 such agency counted under section 1124(c) 

10 of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 6333(c)); or 

12 (ii) the percentage of children in each 

13 such agency counted under section 1124(c) 

14 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6333(c)); 

16 and 

17 (B) does not meet at least two of the fol18 lowing: 

19 (i) A ratio of 1 full-time equivalent 

20 school counselor for every 250 students. 

21 (ii) A ratio of 1 full-time equivalent 

22 school psychologist for every 500 students. 

23 (iii) A ratio of 1 full-time equivalent 

24 school social worker for every 250 stu25 dents. 


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1 (4) ISDA DEFINITIONS.—The term ‘‘Indian 

2 Tribe’’ means any indian tribe identified as such by 

3 the Secretary of the Interior under section 104 of 

4 the Federally Recognized Indian Tribe List Act of 

5 1994 (25 U.S.C. 479a–1). 

6 (5) SCHOOL-BASED MENTAL HEALTH SERVICES

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

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

9 section 4102 of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7112). 

11 SEC. 4. SCHOOL-BASED MENTAL HEALTH SERVICES GRANT 

12 PROGRAM. 

13 (a) PURPOSE.—The purpose of this section is to in14 crease the number of school-based mental health profes15 sionals by supporting high-need local educational agencies 

16 in recruiting, hiring, retaining, and diversifying school17 based mental health services providers to expand access 

18 to school-based mental health services for students en19 rolled in elementary schools and secondary schools served 

20 by such agencies. 

21 (b) AUTHORIZATION OF GRANTS.— 

22 (1) IN GENERAL.—From amounts made avail23 able under subsection (g) and after making the res24 ervations described in paragraph (2), the Secretary 


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1 shall award grants, on a competitive basis, to eligible 

2 agencies, in accordance with this section. 

3 (2) RESERVATIONS.—From the total amount 

4 made available under subsection (g) for a fiscal year, 

5 the Secretary shall— 

6 (A) reserve not more than 2 percent of 

7 such amount for program administration, tech8 nical assistance, and data collection; 

9 (B) reserve 1 percent for the Secretary of 

10 the Interior for schools operated or funded by 

11 the Bureau of Indian Education, in accordance 

12 with the purpose of this section; and 

13 (C) reserve 1 percent for allotments for 

14 payments to the outlying areas, to be distrib15 uted among those outlying areas on the basis of 

16 their relative need, as determined by the Sec17 retary, in accordance with the purpose of this 

18 section. 

19 (3) DURATION AND RENEWALS.— 

20 (A) DURATION.—A grant awarded under 

21 this section shall be for a period of not more 

22 than 5 years. 

23 (B) RENEWAL.—The Secretary may renew 

24 a grant awarded under this section for a period 

25 of not more than 2 years. 


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1 (4) DIVERSITY OF PROJECTS.— 

2 (A) IN GENERAL.—In awarding grants 

3 under paragraph (1), the Secretary shall ensure 

4 that, to the extent practicable, grants are dis5 tributed among eligible agencies that will serve 

6 geographically diverse areas, including urban, 

7 suburban, and rural areas. 

8 (B) LOCAL EDUCATIONAL AGENCIES.—In 

9 awarding grants under paragraph (1), the Sec10 retary shall ensure that not less than 50 per11 cent of the amounts made available under sub12 section (g) that remain after making reserva13 tions under paragraph (2) are awarded to high14 quality applications submitted by high-need 

15 local educational agencies identified in clauses 

16 (i) and (ii) of section 3(3)(A). 

17 (5) SUFFICIENT SIZE AND SCOPE.—Each grant 

18 awarded under paragraph (1) shall be of sufficient 

19 size and scope to allow the eligible agency receiving 

20 the grant to carry out the purpose of this section. 

21 (c) APPLICATION.—An eligible agency applying for a 

22 grant under subsection (b)(1) shall submit an application 

23 to the Secretary at such time, in such manner, and accom24 panied by such information as the Secretary may require, 

25 which may include— 


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1 (1) a description of the prevalent mental health 

2 or substance use and misuse concerns facing stu3 dents enrolled in schools served by participating 

4 high-need local educational agencies; 

5 (2) a description of current shortage of school6 based mental health services providers, including 

7 lack of diversity, if applicable, in high-need local 

8 educational agencies that will be served under the 

9 grant; 

10 (3) a description of the applicant’s plan to sup11 port recruiting, hiring, retaining, or diversifying 

12 school-based mental health services providers in 

13 high-need local educational agencies to be served 

14 under the grant; and 

15 (4) an assurance that any school-based mental 

16 health services provider, including any provider of17 fering telehealth services, provides services in a man18 ner consistent with section 444 of the General Edu19 cation Provisions Act (20 U.S.C. 1232g; commonly 

20 known as the ‘‘Family Educational Rights and Pri21 vacy Act of 1974’’) and the Individuals with Disabil22 ities Education Act (20 U.S.C. 1400 et seq.), as well 

23 as all applicable Federal, State, and local laws. 


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1 (d) USE OF FUNDS.—An eligible agency that receives 

2 a grant under subsection (b)(1) shall use such funds to 

3 carry out one or more of the following: 

4 (1) Hiring school-based mental health services 

5 providers to— 

6 (A) provide school-based mental health 

7 services to students enrolled in schools served 

8 by high-need local educational agencies; and 

9 (B) implement evidence-based practices to 

10 improve school climate to support positive stu11 dent mental health. 

12 (2) Implementing strategies to recruit school13 based mental health services providers in high-need 

14 local educational agencies to help mitigate shortages 

15 of such providers, such as— 

16 (A) salary stipends; 

17 (B) relocation benefits; 

18 (C) student loan repayment; or 

19 (D) other financial incentives. 

20 (3) Implementing strategies to retain school21 based mental health services providers in high-need 

22 local educational agencies, which may include— 

23 (A) providing incentives described in para24 graph (2); or 


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1 (B) providing ongoing professional develop2 ment, induction, mentorship, or peer support 

3 for school-based mental health services pro4 viders. 

5 (e) RULES.— 

6 (1) MATCHING REQUIREMENT.—Eligible agen7 cies who receive a grant under this Act must con8 tribute non-Federal matching funds to the amount 

9 of not less than 25 percent of the project budget. 

10 (2) SUPPLEMENT, NOT SUPPLANT.—Funds 

11 made available under this Act shall be used to sup12 plement, and not supplant, non-Federal funds that 

13 would otherwise be used for activities described 

14 under this Act. 

15 (3) DISAGGREGATION OF DATA.— 

16 Disaggregation of data required under this section 

17 shall not be required when the number is insufficient 

18 to yield statistically reliable information or the re19 sults would reveal personally identifiable information 

20 about an individual. 

21 (f) REPORTING REQUIREMENTS.—Each eligible 

22 agency that receives a grant under subsection (b)(1) shall 

23 submit a report to the Secretary on an annual basis and 

24 publish such report in a clear and easily accessible format 

25 on the website of the eligible agency. Such report shall 


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1 contain any information required by the Secretary and, 

2 at a minimum, the following: 

3 (1) The number of school-based mental health 

4 services providers employed by high-need local edu5 cational agencies served under the grant and any in6 creases from the prior year, disaggregated by— 

7 (A) the number of each type of such pro8 viders who was recruited, hired, or retained, 

9 with support under this grant; and 

10 (B) the demographics of such providers. 

11 (2) The ratio of students to school-based men12 tal health services providers in high-need local edu13 cational agencies served under the grant and the ex14 tent to which such ratio has decreased since the 

15 start of the grant period. 

16 (3) The reduction in the annual attrition rate 

17 of school-based mental health services providers em18 ployed by high-need local educational agencies served 

19 under the grant, and the extent to which such attri20 tion rate has decreased since the start of the grant 

21 period. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 such sums as may be necessary for each of fiscal years 

25 2025 through 2029. 


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1 SEC. 5. RULE. 

2 The requirements of section 4001 of the Elementary 

3 and Secondary Education Act of 1965 (20 U.S.C. 7101) 

4 shall apply to a State educational agency, local educational 

5 agency, or other entity receiving a grant or subgrant 

6 under this Act in the same manner as those requirements 

7 apply to an entity receiving an award under title IV of 

8 such Act. 

Æ 


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