I 

113TH CONGRESS 

1ST SESSION H. R. 628 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Mrs. NAPOLITANO (for herself, Mr. BARBER, Ms. BROWNLEY of California, 

Mr. CARTWRIGHT, Ms. CASTOR of Florida, Mrs. CHRISTENSEN, Ms. CHU, 

Mr. CICILLINE, Mr. CONYERS, Mr. COURTNEY, Ms. DEGETTE, Mr. ELLISON, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. HASTINGS of Florida, 

Mr. HINOJOSA, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR, 

Ms. LEE of California, Mr. LOEBSACK, Mr. LOWENTHAL, Ms. MICHELLE

LUJAN GRISHAM of New Mexico, Mr. BEN RAY LUJA ́N of New Mexico, 

Mrs. MCCARTHY of New York, Ms. MOORE, Mrs. NEGRETE MCLEOD, 

Mr. PASTOR of Arizona, Mr. PERLMUTTER, Mr. PETERS of Michigan, 

Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. RUIZ, Mr. RUSH, Mr. SCHIFF, 

Mr. SCOTT of Virginia, Ms. SHEA-PORTER, Mr. SIRES, Ms. SLAUGHTER, 

Mr. THOMPSON of California, Mr. TONKO, Mr. VAN HOLLEN, Mr. 

VARGAS, Mr. VELA, Ms. VELA ́ZQUEZ, Ms. WATERS, and Mr. WALZ) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mental Health in 

3 Schools Act of 2013’’. 

4 SEC. 2. PURPOSES. 

5 It is the purpose of this Act to— 

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

7 scope of the Safe Schools-Healthy Students program 

8 in order to provide access to more comprehensive 

9 school-based mental health services and supports; 

10 (2) provide for comprehensive staff development 

11 for school and community service personnel working 

12 in the school; and 

13 (3) provide for comprehensive training for chil14 dren with mental health disorders, for parents, sib15 lings, and other family members of such children, 

16 and for concerned members of the community. 

17 SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

18 ACT. 

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

20 (relating to services provided through religious organiza21 tions) of title V of the Public Health Service Act (42 

22 U.S.C. 290kk et seq.) is amended— 

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

24 (2) by redesignating sections 581 through 584 

25 as sections 596 through 596C, respectively. 


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1 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL2 DREN AND VIOLENCE.—Section 581 of the Public Health 

3 Service Act (42 U.S.C. 290hh) is amended to read as fol4 lows: 

5 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL6 DREN AND VIOLENCE. 

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

8 with the Secretary of Education and in consultation with 

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

10 contracts, or cooperative agreements awarded to public en11 tities and local education agencies, assist local commu12 nities and schools in applying a public health approach 

13 to mental health services both in schools and in the com14 munity. Such approach should provide comprehensive age 

15 appropriate services and supports, be linguistically and 

16 culturally appropriate, be trauma-informed, and incor17 porate age appropriate strategies of positive behavioral 

18 interventions and supports. A comprehensive school men19 tal health program funded under this section shall assist 

20 children in dealing with trauma and violence. 

21 ‘‘(b) ACTIVITIES.—Under the program under sub22 section (a), the Secretary may— 

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

24 communities to implement a comprehensive cul25 turally and linguistically appropriate, trauma-inVerDate Mar 15 2010 04:40 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H628.IH H628

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1 formed, and age-appropriate, school mental health 

2 program that incorporates positive behavioral inter3 ventions, client treatment, and supports to foster the 

4 health and development of children; 

5 ‘‘(2) provide technical assistance to local com6 munities with respect to the development of pro7 grams described in paragraph (1); 

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

9 the development of policies to address child and ado10 lescent trauma and mental health issues and violence 

11 when and if it occurs; 

12 ‘‘(4) facilitate community partnerships among 

13 families, students, law enforcement agencies, edu14 cation systems, mental health and substance use dis15 order service systems, family-based mental health 

16 service systems, welfare agencies, health care service 

17 systems (including physicians), faith-based pro18 grams, trauma networks, and other community19 based systems; and 

20 ‘‘(5) establish mechanisms for children and ado21 lescents to report incidents of violence or plans by 

22 other children, adolescents, or adults to commit vio23 lence. 

24 ‘‘(c) REQUIREMENTS.— 


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

2 contract, or cooperative agreement under subsection 

3 (a), an entity shall— 

4 ‘‘(A) be a partnership between a local edu5 cation agency and at least one community pro6 gram or agency that is involved in mental 

7 health; and 

8 ‘‘(B) submit an application, that is en9 dorsed by all members of the partnership, that 

10 contains the assurances described in paragraph 

11 (2). 

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

13 under paragraph (1) shall contain assurances as fol14 lows: 

15 ‘‘(A) That the applicant will ensure that, 

16 in carrying out activities under this section, the 

17 local educational agency involved will enter into 

18 a memorandum of understanding— 

19 ‘‘(i) with, at least one, public or pri20 vate mental health entity, health care enti21 ty, law enforcement or juvenile justice enti22 ty, child welfare agency, family-based men23 tal health entity, family or family organiza24 tion, trauma network, or other community25 based entity; and 


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1 ‘‘(ii) that clearly states— 

2 ‘‘(I) the responsibilities of each 

3 partner with respect to the activities 

4 to be carried out; 

5 ‘‘(II) how each such partner will 

6 be accountable for carrying out such 

7 responsibilities; and 

8 ‘‘(III) the amount of non-Federal 

9 funding or in-kind contributions that 

10 each such partner will contribute in 

11 order to sustain the program. 

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

13 mental health program carried out under this 

14 section supports the flexible use of funds to ad15 dress— 

16 ‘‘(i) the promotion of the social, emo17 tional, and behavioral health of all students 

18 in an environment that is conducive to 

19 learning; 

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

21 at risk students developing social, emo22 tional, behavioral health problems, or sub23 stance use disorders; 

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

25 emotional, behavioral problems, or subVerDate Mar 15 2010 04:40 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H628.IH H628

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1 stance use disorders and the provision of 

2 early intervention services; 

3 ‘‘(iv) the treatment or referral for 

4 treatment of students with existing social, 

5 emotional, behavioral health problems, or 

6 substance use disorders; and 

7 ‘‘(v) the development and implementa8 tion of programs to assist children in deal9 ing with trauma and violence. 

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

11 mental health program carried out under this 

12 section will provide for in-service training of all 

13 school personnel, including ancillary staff and 

14 volunteers, in— 

15 ‘‘(i) the techniques and supports need16 ed to identify early children with trauma 

17 histories and children with, or at risk of, 

18 mental illness; 

19 ‘‘(ii) the use of referral mechanisms 

20 that effectively link such children to appro21 priate treatment and intervention services 

22 in the school and in the community and to 

23 follow-up when services are not available; 

24 ‘‘(iii) strategies that promote a school25 wide positive environment; 


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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 


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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. 

8 ‘‘(F) That the local education agency part9 nership involved is supported by the State edu10 cational and mental health system to ensure 

11 that the sustainability of the programs is estab12 lished after funding under this section termi13 nates. 

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

15 mental health program carried out under this 

16 section will be based on trauma-informed and 

17 evidence-based practices. 

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

19 mental health program carried out under this 

20 section will be coordinated with early inter21 vening activities carried out under the Individ22 uals with Disabilities Education Act. 

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

24 mental health program carried out under this 


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1 section will be trauma-informed and culturally 

2 and linguistically appropriate. 

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

4 mental health program carried out under this 

5 section will include a broad needs assessment of 

6 youth who drop out of school due to policies of 

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

8 or weapons and an inability to obtain appro9 priate services. 

10 ‘‘(K) That the mental health services pro11 vided through the comprehensive school-based 

12 mental health program carried out under this 

13 section will be provided by qualified mental and 

14 behavioral health professionals who are certified 

15 or licensed by the State involved and practicing 

16 within their area of expertise. 

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

18 member of a partnership described in paragraph 

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

20 activities under the grant if all members of the part21 nership agree. 

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

23 under this section shall be deemed to be a covered 

24 entity for purposes of compliance with the regula25 tions promulgated under section 264(c) of the 


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1 Health Insurance Portability and Accountability Act 

2 of 1996 with respect to any patient records devel3 oped through activities under the grant. 

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

5 shall ensure that grants, contracts, or cooperative agree6 ments under subsection (a) will be distributed equitably 

7 among the regions of the country and among urban and 

8 rural areas. 

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

10 grant, contract, or cooperative agreement under sub11 section (a), the period during which payments under such 

12 an award will be made to the recipient shall be 6 years. 

13 An entity may receive only one award under this section, 

14 except that an entity that is providing services and sup15 ports on a regional basis may receive additional funding 

16 after the expiration of the preceding grant period. 

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

18 ‘‘(1) DEVELOPMENT OF PROCESS.—The Ad19 ministrator shall develop a fiscally appropriate proc20 ess for evaluating activities carried out under this 

21 section. Such process shall include— 

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

23 submission of program data by grant, contract, 

24 or cooperative agreement recipients; 


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1 ‘‘(B) the development of measures of out2 comes (in accordance with paragraph (2)) to be 

3 applied by such recipients in evaluating pro4 grams carried out under this section; and 

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

6 such recipients concerning the effectiveness of 

7 programs carried out under this section. 

8 ‘‘(2) MEASURES OF OUTCOMES.— 

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

10 shall develop measures of outcomes to be ap11 plied by recipients of assistance under this sec12 tion, and the Administrator, in evaluating the 

13 effectiveness of programs carried out under this 

14 section. Such measures shall include student 

15 and family measures as provided for in sub16 paragraph (B) and local educational measures 

17 as provided for under subparagraph (C). 

18 ‘‘(B) STUDENT AND FAMILY MEASURES OF

19 OUTCOMES.—The measures of outcomes devel20 oped under paragraph (1)(B) relating to stu21 dents and families shall, with respect to activi22 ties carried out under a program under this 

23 section, at a minimum include provisions to 

24 evaluate whether the program is effective in— 


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1 ‘‘(i) increasing social and emotional 

2 competency; 

3 ‘‘(ii) increasing academic competency 

4 (as defined by Secretary); 

5 ‘‘(iii) reducing disruptive and aggres6 sive behaviors; 

7 ‘‘(iv) improving child functioning; 

8 ‘‘(v) reducing substance use disorders; 

9 ‘‘(vi) reducing suspensions, truancy, 

10 expulsions and violence; 

11 ‘‘(vii) increasing graduation rates (as 

12 defined in section 1111(b)(2)(C)(vi) of the 

13 Elementary and Secondary Education Act 

14 of 1965); and 

15 ‘‘(viii) improving access to care for 

16 mental health disorders. 

17 ‘‘(C) LOCAL EDUCATIONAL OUTCOMES.— 

18 The outcome measures developed under para19 graph (1)(B) relating to local educational sys20 tems shall, with respect to activities carried out 

21 under a program under this section, at a min22 imum include provisions to evaluate— 

23 ‘‘(i) the effectiveness of comprehensive 

24 school mental health programs established 

25 under this section; 


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1 ‘‘(ii) the effectiveness of formal part2 nership linkages among child and family 

3 serving institutions, community support 

4 systems, and the educational system; 

5 ‘‘(iii) the progress made in sustaining 

6 the program once funding under the grant 

7 has expired; 

8 ‘‘(iv) the effectiveness of training and 

9 professional development programs for all 

10 school personnel that incorporate indica11 tors that measure cultural and linguistic 

12 competencies under the program in a man13 ner that incorporates appropriate cultural 

14 and linguistic training; 

15 ‘‘(v) the improvement in perception of 

16 a safe and supportive learning environment 

17 among school staff, students, and parents; 

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

19 of students in need of more intensive serv20 ices and referral of identified students to 

21 early intervention and clinical services; 

22 ‘‘(vii) the improvement in the imme23 diate availability of clinical assessment and 

24 treatment services within the context of 


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1 the local community to students posing a 

2 danger to themselves or others; 

3 ‘‘(viii) the increased successful matric4 ulation to postsecondary school; and 

5 ‘‘(ix) reduced referrals to juvenile jus6 tice. 

7 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An entity 

8 that receives a grant, contract, or cooperative agree9 ment under this section shall annually submit to the 

10 Administrator a report that includes data to evalu11 ate the success of the program carried out by the en12 tity based on whether such program is achieving the 

13 purposes of the program. Such reports shall utilize 

14 the measures of outcomes under paragraph (2) in a 

15 reasonable manner to demonstrate the progress of 

16 the program in achieving such purposes. 

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

18 on the data submitted under paragraph (3), the Ad19 ministrator shall annually submit to Congress a re20 port concerning the results and effectiveness of the 

21 programs carried out with assistance received under 

22 this section. 

23 ‘‘(5) LIMITATION.—A grantee shall use not to 

24 exceed 10 percent of amounts received under a grant 


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1 under this section to carry out evaluation activities 

2 under this subsection. 

3 ‘‘(g) INFORMATION AND EDUCATION.—The Sec4 retary shall establish comprehensive information and edu5 cation programs to disseminate the findings of the knowl6 edge development and application under this section to the 

7 general public and to health care professionals. 

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

9 APPROPRIATIONS.— 

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

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

12 $1,000,000 for each of grant years 2013 through 

13 2017. The Secretary shall determine the amount of 

14 each such grant based on the population of children 

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

16 grant. 

17 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

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

20 2013 through 2017.’’. 

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

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

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

24 the part heading and inserting the following: 


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

Æ 


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