II 

115TH CONGRESS 

1ST SESSION S. 1370 

To amend the Public Health Service Act to revise and extend projects relating 

to children and violence to provide access to school-based comprehensive 

mental health programs. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2017 

Mr. FRANKEN (for himself, Mr. COONS, Mr. MURPHY, Mr. DURBIN, and Mr. 

HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to revise and extend 

projects relating to children and violence to provide access to school-based comprehensive mental health programs. 

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 in 

5 Schools Act of 2017’’. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to— 


sradovich on DSK3GMQ082PROD with BILLS
2 

•S 1370 IS

1 (1) revise, increase funding for, and expand the 

2 scope of the Project AWARE State Educational 

3 Agency Grant Program carried out by the Secretary 

4 of Health and Human Services, in order to provide 

5 access to more comprehensive school-based mental 

6 health services and supports; 

7 (2) provide for comprehensive staff development 

8 for school and community service personnel working 

9 in the school; and 

10 (3) provide for comprehensive training for chil11 dren with mental health disorders, for parents, sib12 lings, and other family members of such children, 

13 and for concerned members of the community. 

14 SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

15 ACT. 

16 (a) TECHNICAL AMENDMENTS.—The second part G 

17 (relating to services provided through religious organiza18 tions) of title V of the Public Health Service Act (42 

19 U.S.C. 290kk et seq.) is amended— 

20 (1) by redesignating such part as part J; and 

21 (2) by redesignating sections 581 through 584 

22 as sections 596 through 596C, respectively. 

23 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL24 DREN AND VIOLENCE.—Section 581 of the Public Health 


sradovich on DSK3GMQ082PROD with BILLS
3 

•S 1370 IS

1 Service Act (42 U.S.C. 290hh) is amended to read as fol2 lows: 

3 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL4 DREN AND VIOLENCE. 

5 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

6 with the Secretary of Education and in consultation with 

7 the Attorney General, shall, directly or through grants, 

8 contracts, or cooperative agreements awarded to eligible 

9 entities described in subsection (c), assist local commu10 nities and schools (including schools funded by the Bureau 

11 of Indian Education) in applying a public health approach 

12 to mental health services both in schools and in the com13 munity. Such approach should provide comprehensive age 

14 appropriate services and supports, be linguistically and 

15 culturally appropriate, be trauma-informed, and incor16 porate age appropriate strategies of positive behavioral 

17 interventions and supports. A comprehensive school men18 tal health program funded under this section shall assist 

19 children in dealing with trauma and violence. 

20 ‘‘(b) ACTIVITIES.—Under the program under sub21 section (a), the Secretary may— 

22 ‘‘(1) provide financial support to enable local 

23 communities to implement a comprehensive cul24 turally and linguistically appropriate, trauma-inVerDate Sep 11 2014 20:20 Jun 20, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1370.IS S1370

sradovich on DSK3GMQ082PROD with BILLS
4 

•S 1370 IS

1 formed, and age-appropriate, school-based mental 

2 health program that— 

3 ‘‘(A) builds awareness of trauma; 

4 ‘‘(B) trains appropriate staff to identify 

5 signs of trauma or mental health disorders; and 

6 ‘‘(C) incorporates positive behavioral inter7 ventions, family engagement, student treatment, 

8 and multigenerational supports to foster the 

9 health and development of children; 

10 ‘‘(2) provide technical assistance to local com11 munities with respect to the development of pro12 grams described in paragraph (1); 

13 ‘‘(3) provide assistance to local communities in 

14 the development of policies to address child and ado15 lescent trauma and mental health issues and violence 

16 when and if it occurs; 

17 ‘‘(4) facilitate community partnerships among 

18 families, students, law enforcement agencies, edu19 cation systems, mental health and substance use dis20 order service systems, family-based mental health 

21 service systems, child welfare agencies, health care 

22 service systems (including primary care physicians), 

23 faith-based programs, trauma networks, and other 

24 community-based systems; and 


sradovich on DSK3GMQ082PROD with BILLS
5 

•S 1370 IS

1 ‘‘(5) establish mechanisms for children and ado2 lescents to report incidents of violence or plans by 

3 other children, adolescents, or adults to commit vio4 lence. 

5 ‘‘(c) REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—To be eligible for a grant, 

7 contract, or cooperative agreement under subsection 

8 (a), an entity shall— 

9 ‘‘(A) be a partnership that— 

10 ‘‘(i) shall include a State educational 

11 agency and one or more local educational 

12 agencies, with a local educational agency 

13 serving as the lead partner; and 

14 ‘‘(ii) may include, in accordance with 

15 paragraph (2)(A)(i), appropriate public or 

16 private entities that use evidence-based 

17 interventions, as defined in section 8101 of 

18 the Elementary and Secondary Education 

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

20 ‘‘(B) submit an application, that is en21 dorsed by all members of the partnership, that 

22 contains the assurances described in paragraph 

23 (2). 


sradovich on DSK3GMQ082PROD with BILLS
6 

•S 1370 IS

1 ‘‘(2) REQUIRED ASSURANCES.—An application 

2 under paragraph (1) shall contain assurances as fol3 lows: 

4 ‘‘(A) That the eligible entity will ensure 

5 that, in carrying out activities under this sec6 tion, the eligible entity will enter into a memo7 randum of understanding— 

8 ‘‘(i) with at least 1 public or private 

9 mental health entity, health care entity, 

10 law enforcement or juvenile justice entity, 

11 child welfare agency, family-based mental 

12 health entity, trauma network, or other 

13 community-based entity; and 

14 ‘‘(ii) that clearly states— 

15 ‘‘(I) the responsibilities of each 

16 partner with respect to the activities 

17 to be carried out, including how fam18 ily engagement will be incorporated in 

19 the activities; 

20 ‘‘(II) how school-employed and 

21 school-based mental health profes22 sionals will be utilized for carrying out 

23 such responsibilities; 


sradovich on DSK3GMQ082PROD with BILLS
7 

•S 1370 IS

1 ‘‘(III) how each such partner will 

2 be accountable for carrying out such 

3 responsibilities; and 

4 ‘‘(IV) the amount of non-Federal 

5 funding or in-kind contributions that 

6 each such partner will contribute in 

7 order to sustain the program. 

8 ‘‘(B) That the comprehensive school-based 

9 mental health program carried out under this 

10 section supports the flexible use of funds to ad11 dress— 

12 ‘‘(i) the promotion of the social, emo13 tional, and behavioral health of all students 

14 in an environment that is conducive to 

15 learning; 

16 ‘‘(ii) the reduction in the likelihood of 

17 at risk students developing social, emo18 tional, behavioral health problems, or sub19 stance use disorders; 

20 ‘‘(iii) the early identification of social, 

21 emotional, behavioral problems, or sub22 stance use disorders and the provision of 

23 early intervention services; 

24 ‘‘(iv) the treatment or referral for 

25 treatment of students with existing social, 


sradovich on DSK3GMQ082PROD with BILLS
8 

•S 1370 IS

1 emotional, behavioral health problems, or 

2 substance use disorders; and 

3 ‘‘(v) the development and implementa4 tion of programs to assist children in deal5 ing with trauma and violence, including 

6 program curricula, school supports, and 

7 after-school programs. 

8 ‘‘(C) That the comprehensive school-based 

9 mental health program carried out under this 

10 section will provide for in-service training of all 

11 school personnel, including ancillary staff and 

12 volunteers, in— 

13 ‘‘(i) the techniques and supports need14 ed to identify early children with trauma 

15 histories and children with, or at risk of, 

16 mental illness; 

17 ‘‘(ii) the use of referral mechanisms 

18 that effectively link such children to appro19 priate treatment and intervention services 

20 in the school and in the community and to 

21 follow-up when services are not available; 

22 ‘‘(iii) strategies that promote a school23 wide positive environment; 


sradovich on DSK3GMQ082PROD with BILLS
9 

•S 1370 IS

1 ‘‘(iv) strategies for promoting the so2 cial, emotional, mental, and behavioral 

3 health of all students; and 

4 ‘‘(v) strategies to increase the knowl5 edge and skills of school and community 

6 leaders about the impact of trauma and vi7 olence and on the application of a public 

8 health approach to comprehensive school9 based mental health programs. 

10 ‘‘(D) That the comprehensive school-based 

11 mental health program carried out under this 

12 section will include comprehensive training for 

13 parents, siblings, and other family members of 

14 children with mental health disorders, and for 

15 concerned members of the community in— 

16 ‘‘(i) the techniques and supports need17 ed to identify early children with trauma 

18 histories, and children with, or at risk of, 

19 mental illness; 

20 ‘‘(ii) the use of referral mechanisms 

21 that effectively link such children to appro22 priate treatment and intervention services 

23 in the school and in the community and 

24 follow-up when such services are not avail25 able; and 


sradovich on DSK3GMQ082PROD with BILLS
10 

•S 1370 IS

1 ‘‘(iii) strategies that promote a school2 wide positive environment. 

3 ‘‘(E) That the comprehensive school-based 

4 mental health program carried out under this 

5 section will demonstrate the measures to be 

6 taken to sustain the program after funding 

7 under this section terminates (which may in8 clude seeking funding for the program under a 

9 State Medicaid plan under title XIX of the So10 cial Security Act (42 U.S.C. 1396 et seq.) or a 

11 waiver of such a plan). 

12 ‘‘(F) That the eligible entity is supported 

13 by the State agency with primary responsibility 

14 for behavioral health to ensure that the sustain15 ability of the programs is established after 

16 funding under this section terminates. 

17 ‘‘(G) That the comprehensive school-based 

18 mental health program carried out under this 

19 section will be based on trauma-informed and 

20 evidence-based practices. 

21 ‘‘(H) That the comprehensive school-based 

22 mental health program carried out under this 

23 section will be coordinated with early inter24 vening activities carried out under the Individ25 uals with Disabilities Education Act. 


sradovich on DSK3GMQ082PROD with BILLS
11 

•S 1370 IS

1 ‘‘(I) That the comprehensive school-based 

2 mental health program carried out under this 

3 section will be trauma-informed and culturally 

4 and linguistically appropriate. 

5 ‘‘(J) That the comprehensive school-based 

6 mental health program carried out under this 

7 section will include a broad needs assessment of 

8 youth who drop out of school due to policies of 

9 ‘zero tolerance’ with respect to drugs, alcohol, 

10 or weapons and an inability to obtain appro11 priate services. 

12 ‘‘(K) That the mental health services pro13 vided through the comprehensive school-based 

14 mental health program carried out under this 

15 section will be provided by qualified mental and 

16 behavioral health professionals who are certified 

17 or licensed by the State involved and practicing 

18 within their area of expertise. 

19 ‘‘(3) COORDINATOR.—Any entity that is a 

20 member of a partnership described in paragraph 

21 (1)(A) may serve as the coordinator of funding and 

22 activities under the grant if all members of the part23 nership agree. 

24 ‘‘(4) COMPLIANCE WITH HIPAA.—A grantee 

25 under this section shall be deemed to be a covered 


sradovich on DSK3GMQ082PROD with BILLS
12 

•S 1370 IS

1 entity for purposes of compliance with the regula2 tions promulgated under section 264(c) of the 

3 Health Insurance Portability and Accountability Act 

4 of 1996 with respect to any patient records devel5 oped through activities under the grant. 

6 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary 

7 shall ensure that grants, contracts, or cooperative agree8 ments under subsection (a) will be distributed equitably 

9 among the regions of the country and among urban and 

10 rural areas. 

11 ‘‘(e) DURATION OF AWARDS.—With respect to a 

12 grant, contract, or cooperative agreement under sub13 section (a), the period during which payments under such 

14 an award will be made to the recipient shall be 5 years. 

15 An eligible entity described in subsection (c) may receive 

16 only one award under this section, except that an eligible 

17 entity that is providing services and supports on a regional 

18 basis may receive additional funding after the expiration 

19 of the preceding grant period. 

20 ‘‘(f) EVALUATION AND MEASURES OF OUTCOMES.— 

21 ‘‘(1) DEVELOPMENT OF PROCESS.—The Ad22 ministrator shall develop a fiscally appropriate proc23 ess for evaluating activities carried out under this 

24 section. Such process shall include— 


sradovich on DSK3GMQ082PROD with BILLS
13 

•S 1370 IS

1 ‘‘(A) the development of guidelines for the 

2 submission of program data by grant, contract, 

3 or cooperative agreement recipients; 

4 ‘‘(B) the development of measures of out5 comes (in accordance with paragraph (2)) to be 

6 applied by such recipients in evaluating pro7 grams carried out under this section; and 

8 ‘‘(C) the submission of annual reports by 

9 such recipients concerning the effectiveness of 

10 programs carried out under this section. 

11 ‘‘(2) MEASURES OF OUTCOMES.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall develop measures of outcomes to be ap14 plied by recipients of assistance under this sec15 tion, and the Administrator, in evaluating the 

16 effectiveness of programs carried out under this 

17 section. Such measures shall include student 

18 and family measures as provided for in sub19 paragraph (B) and local educational measures 

20 as provided for under subparagraph (C). 

21 ‘‘(B) STUDENT AND FAMILY MEASURES OF

22 OUTCOMES.—The measures of outcomes devel23 oped under paragraph (1)(B) relating to stu24 dents and families shall, with respect to activi25 ties carried out under a program under this 


sradovich on DSK3GMQ082PROD with BILLS
14 

•S 1370 IS

1 section, at a minimum include provisions to 

2 evaluate whether the program is effective in— 

3 ‘‘(i) increasing social and emotional 

4 competency; 

5 ‘‘(ii) increasing academic competency 

6 (as defined by the Secretary); 

7 ‘‘(iii) reducing disruptive and aggres8 sive behaviors; 

9 ‘‘(iv) improving child functioning; 

10 ‘‘(v) reducing substance use disorders; 

11 ‘‘(vi) reducing suspensions, truancy, 

12 expulsions, and violence; 

13 ‘‘(vii) increasing high school gradua14 tion rates, calculated using the four-year 

15 adjusted cohort graduation rate or the ex16 tended-year adjusted cohort graduation 

17 rate (as such terms are defined in section 

18 8101 of the Elementary and Secondary 

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

20 and 

21 ‘‘(viii) improving access to care for 

22 mental health disorders. 

23 ‘‘(C) LOCAL EDUCATIONAL OUTCOMES.— 

24 The outcome measures developed under para25 graph (1)(B) relating to local educational sysVerDate Sep 11 2014 21:50 Jun 21, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1370.IS S1370

sradovich on DSK3GMQ082PROD with BILLS
15 

•S 1370 IS

1 tems shall, with respect to activities carried out 

2 under a program under this section, at a min3 imum include provisions to evaluate— 

4 ‘‘(i) the effectiveness of comprehensive 

5 school mental health programs established 

6 under this section; 

7 ‘‘(ii) the effectiveness of formal part8 nership linkages among child and family 

9 serving institutions, community support 

10 systems, and the educational system; 

11 ‘‘(iii) the progress made in sustaining 

12 the program once funding under the grant 

13 has expired; 

14 ‘‘(iv) the effectiveness of training and 

15 professional development programs for all 

16 school personnel that incorporate indica17 tors that measure cultural and linguistic 

18 competencies under the program in a man19 ner that incorporates appropriate cultural 

20 and linguistic training; 

21 ‘‘(v) the improvement in perception of 

22 a safe and supportive learning environment 

23 among school staff, students, and parents; 

24 ‘‘(vi) the improvement in case-finding 

25 of students in need of more intensive servVerDate Sep 11 2014 20:20 Jun 20, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1370.IS S1370

sradovich on DSK3GMQ082PROD with BILLS
16 

•S 1370 IS

1 ices and referral of identified students to 

2 early intervention and clinical services; 

3 ‘‘(vii) the improvement in the imme4 diate availability of clinical assessment and 

5 treatment services within the context of 

6 the local community to students posing a 

7 danger to themselves or others; 

8 ‘‘(viii) the increased successful matric9 ulation to postsecondary school; and 

10 ‘‘(ix) reduced referrals to juvenile jus11 tice. 

12 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An eligi13 ble entity described in subsection (c) that receives a 

14 grant, contract, or cooperative agreement under this 

15 section shall annually submit to the Administrator a 

16 report that includes data to evaluate the success of 

17 the program carried out by the entity based on 

18 whether such program is achieving the purposes of 

19 the program. Such reports shall utilize the measures 

20 of outcomes under paragraph (2) in a reasonable 

21 manner to demonstrate the progress of the program 

22 in achieving such purposes. 

23 ‘‘(4) EVALUATION BY ADMINISTRATOR.—Based 

24 on the data submitted under paragraph (3), the Ad25 ministrator shall annually submit to Congress a reVerDate Sep 11 2014 20:20 Jun 20, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1370.IS S1370

sradovich on DSK3GMQ082PROD with BILLS
17 

•S 1370 IS

1 port concerning the results and effectiveness of the 

2 programs carried out with assistance received under 

3 this section. 

4 ‘‘(5) LIMITATION.—An eligible entity shall use 

5 not more than 10 percent of amounts received under 

6 a grant under this section to carry out evaluation 

7 activities under this subsection. 

8 ‘‘(g) INFORMATION AND EDUCATION.—The Sec9 retary shall establish comprehensive information and edu10 cation programs to disseminate the findings of the knowl11 edge development and application under this section to the 

12 general public and to health care professionals. 

13 ‘‘(h) AMOUNT OF GRANTS AND AUTHORIZATION OF

14 APPROPRIATIONS.— 

15 ‘‘(1) AMOUNT OF GRANTS.—A grant under this 

16 section shall be in an amount that is not more than 

17 $2,000,000 for each of fiscal years 2018 through 

18 2022. The Secretary shall determine the amount of 

19 each such grant based on the population of children 

20 up to age 21 of the area to be served under the 

21 grant. 

22 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to carry out 

24 this section, $200,000,000 for each of fiscal years 

25 2018 through 2022.’’. 


sradovich on DSK3GMQ082PROD with BILLS
18 

•S 1370 IS

1 (c) CONFORMING AMENDMENT.—Part G of title V of 

2 the Public Health Service Act (42 U.S.C. 290hh et seq.), 

3 as amended by this section, is further amended by striking 

4 the part heading and inserting the following: 

5 ‘‘PART G—SCHOOL-BASED MENTAL HEALTH’’. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS