II 

116TH CONGRESS 

1ST SESSION S. 1642 

To increase the recruitment and retention of school-based mental health 

services providers by low-income local educational agencies. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. TESTER (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To increase the recruitment and retention of school-based 

mental health services providers by low-income local educational agencies. 

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 ‘‘Increasing Access to 

5 Mental Health in Schools Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BEST PRACTICES.—The term ‘‘best prac9 tices’’ means a technique or methodology that, 


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1 through experience and research related to profes2 sional practice in a school-based mental health field, 

3 has proven to reliably lead to a desired result. 

4 (2) ELIGIBLE GRADUATE INSTITUTION.—The 

5 term ‘‘eligible graduate institution’’ means an insti6 tution of higher education that offers a program of 

7 study that leads to a masters or other graduate de8 gree— 

9 (A) in school psychology that is accredited 

10 or approved by the National Association of 

11 School Psychologists’ Program Approval Board 

12 or the Commission on Accreditation of the 

13 American Psychological Association and that 

14 prepares students in such program for the 

15 State licensing or certification examination in 

16 school psychology; 

17 (B) in school counseling that prepares stu18 dents in such program for the State licensing or 

19 certification examination in school counseling; 

20 (C) in school social work that is accredited 

21 by the Council on Social Work Education and 

22 that prepares students in such program for the 

23 State licensing or certification examination in 

24 school social work; 


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1 (D) in another school-based mental health 

2 field that prepares students in such program 

3 for the State licensing or certification examina4 tion in such field, if applicable; or 

5 (E) in any combination of study described 

6 in subparagraphs (A) through (D). 

7 (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi8 ble partnership’’ means— 

9 (A) a partnership between 1 or more low10 income local educational agencies and 1 or more 

11 eligible graduate institutions; or 

12 (B) in any region in which local edu13 cational agencies may not have a sufficient ele14 mentary school and secondary school student 

15 population to support the placement of all par16 ticipating graduate students, a partnership be17 tween a State educational agency, on behalf of 

18 1 or more low-income local educational agen19 cies, and 1 or more eligible graduate institu20 tions. 

21 (4) INSTITUTION OF HIGHER EDUCATION.—The 

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

23 meaning given such term in section 102 of the High24 er Education Act of 1965 (20 U.S.C. 1002), but exVerDate Sep 11 2014 17:46 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1642.IS S1642

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1 cludes any institution of higher education described 

2 in section 102(a)(1)(C) of such Act. 

3 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

5 the term in section 8101 of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 7801). 

7 (6) LOW-INCOME LOCAL EDUCATIONAL AGEN8 CY.—The term ‘‘low-income local educational agen9 cy’’ means a local educational agency— 

10 (A) for which not less than 20 percent of 

11 the students served by such agency are from 

12 families with incomes below the poverty line as 

13 determined by the Bureau of the Census on the 

14 basis of the most recent satisfactory data avail15 able; and 

16 (B) that, as of the date of application for 

17 a grant under this Act, has ratios of school 

18 counselors, school social workers, and school 

19 psychologists to students served by the agency 

20 that are not more than 1 school counselor per 

21 275 students, not more than 1 school psycholo22 gist per 770 students, and not more than 1 

23 school social worker per 250 students. 

24 (7) PARTICIPATING ELIGIBLE GRADUATE INSTI25 TUTION.—The term ‘‘participating eligible graduate 


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1 institution’’ means an eligible graduate institution 

2 that is part of an eligible partnership awarded a 

3 grant under section 3. 

4 (8) PARTICIPATING GRADUATE.—The term 

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

6 (A) has received a masters or other grad7 uate degree in a school-based mental health 

8 field from a participating eligible graduate in9 stitution and has obtained a State license or 

10 credential in the school-based mental health 

11 field; and 

12 (B) as a graduate student of a school13 based mental health field, was placed in a 

14 school served by a participating low-income 

15 local educational agency to complete required 

16 field work, credit hours, internships, or related 

17 training as applicable. 

18 (9) PARTICIPATING LOW-INCOME LOCAL EDU19 CATIONAL AGENCY.—The term ‘‘participating low-in20 come local educational agency’’ means a low-income 

21 local educational agency that is part of an eligible 

22 partnership awarded a grant under section 3. 

23 (10) SCHOOL-BASED MENTAL HEALTH

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

25 field’’ means each of the following fields: 


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1 (A) School counseling. 

2 (B) School social work. 

3 (C) School psychology. 

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

5 employment as a school-based mental health 

6 services provider. 

7 (11) SCHOOL-BASED MENTAL HEALTH SERV8 ICES PROVIDER.—The term ‘‘school-based mental 

9 health services provider’’ has the meaning given the 

10 term in section 4102 of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 7112). 

12 (12) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Education. 

14 (13) STATE EDUCATIONAL AGENCY.—The term 

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

16 the term in section 8101 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 7801). 

18 (14) STUDENT SUPPORT PERSONNEL TARGET

19 RATIOS.—The term ‘‘student support personnel tar20 get ratios’’ means the ratios of school-based mental 

21 health services providers to students recommended 

22 to enable such personnel to effectively address the 

23 needs of students, including— 

24 (A) at least 1 school counselor for every 

25 250 students (as recommended by the American 


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1 School Counselor Association and American 

2 Counseling Association); 

3 (B) at least 1 school psychologist for every 

4 500–700 students (as recommended by the Na5 tional Association of School Psychologists); and 

6 (C) at least 1 school social worker for 

7 every 250 students (as recommended by the 

8 School Social Work Association of America). 

9 (15) UNACCOMPANIED YOUTH.—The term ‘‘un10 accompanied youth’’ has the meaning given such 

11 term in section 725 of the McKinney-Vento Home12 less Assistance Act (42 U.S.C. 11434a). 

13 SEC. 3. GRANT PROGRAM TO INCREASE THE NUMBER OF 

14 SCHOOL-BASED MENTAL HEALTH SERVICES 

15 PROVIDERS EMPLOYED BY LOW-INCOME 

16 LOCAL EDUCATIONAL AGENCIES. 

17 (a) GRANT PROGRAM AUTHORIZED.—From amounts 

18 made available to carry out this section, the Secretary 

19 shall award grants, on a competitive basis and after input 

20 from the peer review panel under subsection (d), to eligible 

21 partnerships, to enable the eligible partnerships to carry 

22 out pipeline programs to increase the number of school23 based mental health services providers employed by low24 income local educational agencies by carrying out any of 

25 the activities described by subsection (f). 


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

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

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

4 progress, as determined by the Secretary. 

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

6 under this section, an eligible graduate institution, on be7 half of an eligible partnership, shall submit to the Sec8 retary a grant application. The application shall contain 

9 such information as the Secretary may require, includ10 ing— 

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

12 date of application) ratios of school-based mental 

13 health services providers (in the aggregate and 

14 disaggregated by profession) to students enrolled in 

15 schools in each low-income local educational agency 

16 that is part of the eligible partnership; and 

17 (2) a detailed description of— 

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

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

20 health services providers in low-income local 

21 educational agencies; and 

22 (B) the proposed allocation and use of 

23 grant funds to carry out activities described in 

24 subsection (f). 

25 (d) PEER REVIEW PANEL.— 


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1 (1) ESTABLISHMENT OF PANEL.—The Sec2 retary shall establish a peer review panel to evaluate 

3 applications submitted under subsection (c) and 

4 make recommendations to the Secretary regarding 

5 such applications. 

6 (2) EVALUATION OF APPLICATIONS.—In mak7 ing its recommendations, the peer review panel shall 

8 take into account the purpose of this Act and the 

9 application requirements under subsection (c), in10 cluding the quality of the proposed pipeline program 

11 described in subsection (c)(2)(A). 

12 (3) CONSIDERATION OF PANEL’S RECOMMENDA13 TION.— 

14 (A) IN GENERAL.—The Secretary may 

15 award grants under this section to eligible part16 nerships only after taking into consideration the 

17 recommendations of the peer review panel pro18 vided under this subsection. 

19 (B) EXPLANATION.—In any case where 

20 the Secretary decides to not follow the rec21 ommendations of the peer review panel, the 

22 Secretary shall provide a written explanation of 

23 the decision to the panel and to the Committee 

24 on Health, Education, Labor, and Pensions of 


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1 the Senate and the Committee on Education 

2 and Labor of the House of Representatives. 

3 (4) MEMBERSHIP OF PANEL.— 

4 (A) IN GENERAL.—The peer review panel 

5 shall include at a minimum the following mem6 bers: 

7 (i) One clinical, tenured, or tenure 

8 track faculty member at an institution of 

9 higher education with a current appoint10 ment, as of the time of service on the 

11 panel, to teach courses in the subject area 

12 of school counselor education. 

13 (ii) One clinical, tenured, or tenure 

14 track faculty member at an institution of 

15 higher education with a current appoint16 ment, as of the time of service on the 

17 panel, to teach courses in the subject area 

18 of school social worker education. 

19 (iii) One clinical, tenured, or tenure 

20 track faculty member at an institution of 

21 higher education with a current appoint22 ment, as of the time of service on the 

23 panel, to teach courses in the subject area 

24 of school psychology education. 


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1 (iv) One clinical, tenured, or tenure 

2 track faculty member at an institution of 

3 higher education with a current appoint4 ment to teach courses in the subject area 

5 of teacher education. 

6 (v) One individual with expertise in 

7 school counseling who works or has worked 

8 in public schools. 

9 (vi) One individual with expertise in 

10 school social work who works or has 

11 worked in public schools. 

12 (vii) One individual with expertise in 

13 school psychology who works or has 

14 worked in public schools. 

15 (viii) One administrator who works or 

16 has worked for a low-income local edu17 cational agency. 

18 (ix) One qualified and effective teach19 er who has substantial experience working 

20 for a low-income local educational agency. 

21 (x) One community mental health pro22 vider. 

23 (B) CLINICAL FACULTY MEMBER.—At 

24 least 1 of the members described in subpara25 graph (A) shall be a clinical faculty member. 


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1 (e) AWARD BASIS.—In awarding grants under this 

2 section, the Secretary shall— 

3 (1) award the first 5 grants to eligible partner4 ships from 5 different States; and 

5 (2) give priority to eligible partnerships that— 

6 (A) propose to use the grant funds to 

7 carry out the activities described under para8 graphs (1) through (3) of subsection (f) in 

9 schools that have higher numbers or percent10 ages of low-income students and students not 

11 achieving a proficient level of academic achieve12 ment, as determined by the State, on the an13 nual assessments required under section 

14 1111(b) of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6311(b)) in com16 parison to other schools that are served by the 

17 low-income local educational agency that is part 

18 of the eligible partnership; 

19 (B) include 1 or more low-income local 

20 educational agencies that have fewer school21 based mental health services providers, in the 

22 aggregate or for a particular school-based men23 tal health field, per student than other eligible 

24 partnerships; 


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1 (C) include 1 or more eligible graduate in2 stitutions that offer the greatest number of 

3 graduate programs in the greatest number of 

4 different school-based mental health fields; and 

5 (D) propose to collaborate with other insti6 tutions of higher education with similar pro7 grams, including sharing facilities, faculty mem8 bers, and administrative costs. 

9 (f) USE OF GRANT FUNDS.—Grant funds awarded 

10 under this section may be used— 

11 (1) to pay the administrative costs (including 

12 supplies, office and classroom space, supervision, 

13 mentoring, and transportation stipends as necessary 

14 and appropriate) related to— 

15 (A) having graduate students of programs 

16 in school-based mental health fields placed in 

17 schools served by participating low-income local 

18 educational agencies to complete required field 

19 work, credit hours, internships, or related train20 ing as applicable for the degree, license, or cre21 dential program of each such student; and 

22 (B) offering required graduate coursework 

23 for students of a graduate program in a school24 based mental health services field on the site of 


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1 a participating low-income local educational 

2 agency; 

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

4 participating graduate receives a masters or other 

5 graduate degree from a program in a school-based 

6 mental health field, or obtains a State license or cre7 dential in a school-based mental health field, to hire 

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

9 graduates working as a school-based mental health 

10 services provider in a school served by a partici11 pating low-income local educational agency; 

12 (3) to increase the number of school-based men13 tal health services providers per student in schools 

14 served by participating low-income local educational 

15 agencies, in order to work toward the student sup16 port personnel target ratios; 

17 (4) to recruit, hire, and retain culturally or lin18 guistically underrepresented graduate students of 

19 programs in school-based mental health fields for 

20 placement in schools served by participating low-in21 come educational agencies; 

22 (5) to recruit, hire, and pay faculty as nec23 essary to increase the capacity of a participating eli24 gible graduate institution to train graduate students 

25 in school-based mental health fields; 


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1 (6) to develop coursework that will— 

2 (A) encourage a commitment by graduate 

3 students in school-based mental health fields to 

4 work for low-income local educational agencies; 

5 (B) give participating graduates the knowl6 edge and skill sets necessary to meet the needs 

7 of— 

8 (i) students and families served by 

9 low-income local educational agencies; and 

10 (ii) teachers, administrators, and 

11 other staff who work for low-income local 

12 educational agencies; 

13 (C) enable participating graduates to meet 

14 the unique needs of students at risk of negative 

15 educational outcomes, including students who— 

16 (i) are English language learners; 

17 (ii) have a parent or caregiver who is 

18 a migrant worker; 

19 (iii) have a parent or caregiver who is 

20 a member of the armed forces, including 

21 the National Guard, who has been de22 ployed or returned from deployment; 

23 (iv) are homeless, including unaccom24 panied youth; 


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1 (v) have come into contact with the 

2 juvenile justice system or adult criminal 

3 justice system, including students currently 

4 or previously held in juvenile detention fa5 cilities or adult jails and students currently 

6 or previously held in juvenile correctional 

7 facilities or adult prisons; 

8 (vi) have been identified as eligible for 

9 services under the Individuals with Disabil10 ities Education Act (20 U.S.C. 1400 et 

11 seq.) or the Rehabilitation Act of 1973 (29 

12 U.S.C. 701 et seq.); 

13 (vii) have been a victim to or wit14 nessed domestic violence or violence in 

15 their community; 

16 (viii) have been exposed to substance 

17 misuse at home or in the community; or 

18 (ix) are foster care youth, youth aging 

19 out of foster care, or former foster youth; 

20 and 

21 (D) utilize best practices determined by the 

22 American School Counselor Association, Na23 tional Association of Social Workers, School So24 cial Work Association of America, and National 


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1 Association of School Psychologists and other 

2 relevant organizations; 

3 (7) to provide tuition credits to graduate stu4 dents participating in the pipeline program; 

5 (8) for student loan forgiveness for partici6 pating graduates who are employed as school-based 

7 mental health services providers by participating 

8 low-income local educational agencies for a minimum 

9 of 5 consecutive years; and 

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

11 this Act, as the Secretary determines appropriate. 

12 (g) SUPPLEMENT NOT SUPPLANT.—Funds made 

13 available under this section shall be used to supplement, 

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

15 for the activities described in subsection (f). 

16 (h) REPORTING REQUIREMENTS.— 

17 (1) IN GENERAL.—Each eligible partnership 

18 that receives a grant under this section shall prepare 

19 and submit to the Secretary an annual report on the 

20 progress of the eligible partnership in carrying out 

21 the grant. Such report shall include a description 

22 of— 

23 (A) actual service delivery provided 

24 through the grant funds, including— 


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1 (i) characteristics of the participating 

2 eligible graduate institution, including de3 scriptive information on the educational 

4 model used and the actual academic pro5 gram performance; 

6 (ii) characteristics of graduate stu7 dents participating in the pipeline program 

8 supported under the grant, including— 

9 (I) performance on any examina10 tions required by the State for 

11 credentialing or licensing; 

12 (II) demographic characteristics; 

13 and 

14 (III) graduate student retention 

15 rates; 

16 (iii) characteristics of students of the 

17 participating low-income local educational 

18 agency, including performance on any tests 

19 required by the State educational agency, 

20 demographic characteristics, and pro21 motion, persistence, and graduation rates, 

22 as appropriate; 

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

25 and 


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1 (v) the numbers of students, schools, 

2 and graduate students participating in the 

3 pipeline program; 

4 (B) outcomes that are consistent with the 

5 purpose of the grant program under this Act, 

6 including— 

7 (i) internship and post-graduation 

8 placement of the participating graduate 

9 students; 

10 (ii) graduation and professional career 

11 readiness indicators; and 

12 (iii) characteristics of the partici13 pating low-income local educational agency, 

14 including changes in the hiring and reten15 tion of qualified and effective teachers and 

16 school-based mental health services pro17 viders; 

18 (C) the instruction, materials, and activi19 ties being funded under the grant; and 

20 (D) the effectiveness of any training and 

21 ongoing professional development provided— 

22 (i) to students and faculty in the ap23 propriate departments or schools of the 

24 participating eligible graduate institution; 


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1 (ii) to the faculty, administration, and 

2 staff of the participating low-income local 

3 educational agency; and 

4 (iii) to the broader community of pro5 viders of social, emotional, behavioral, and 

6 related support to students and to those 

7 individuals who train such providers. 

8 (2) PUBLICATION.—The Secretary shall publish 

9 the annual reports submitted under paragraph (1) 

10 on the website of the Department of Education. 

11 (i) EVALUATIONS.— 

12 (1) INTERIM EVALUATIONS.—The Secretary 

13 may conduct interim evaluations to determine 

14 whether each eligible partnership receiving a grant 

15 under this section is making adequate progress as 

16 the Secretary considers appropriate. The contents of 

17 the annual report submitted to the Secretary under 

18 subsection (h) may be used by the Secretary to de19 termine whether an eligible partnership receiving a 

20 grant is demonstrating adequate progress. 

21 (2) FINAL EVALUATION.—The Secretary shall 

22 conduct a final evaluation to— 

23 (A) determine the effectiveness of the 

24 grant program in carrying out the purpose of 

25 this Act; and 


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1 (B) compare the relative effectiveness of 

2 each of the various activities described by sub3 section (f) for which grant funds may be used. 

4 (j) REPORT.—Not earlier than 5 years nor later than 

5 6 years after the date of enactment of this Act, the Sec6 retary shall submit to Congress a report containing— 

7 (1) the findings of the evaluation conducted 

8 under subsection (i)(2); and 

9 (2) such recommendations as the Secretary con10 siders appropriate. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There is authorized to be 

13 appropriated to the Secretary to carry out the pro14 gram under this section, $200,000,000 for fiscal 

15 year 2020 and for each succeeding fiscal year. 

16 (2) RESERVATION FOR EVALUATION.—From 

17 the total amount appropriated to carry out this sec18 tion each fiscal year, the Secretary shall reserve not 

19 more than 3 percent for evaluations under sub20 section (i). 


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1 SEC. 4. STUDENT LOAN FORGIVENESS FOR INDIVIDUALS 

2 WHO ARE EMPLOYED FOR 5 OR MORE CON3 SECUTIVE SCHOOL YEARS AS SCHOOL-BASED 

4 MENTAL HEALTH SERVICES PROVIDERS. 

5 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

6 shall establish a program to provide student loan forgive7 ness for loans issued under parts B, D, and E of title 

8 IV of the Higher Education Act of 1965 (20 U.S.C. 1071 

9 et seq., 1087a et seq., and 1087aa et seq.) to individuals 

10 who— 

11 (1) are not, and have never been, participants 

12 in the grant program established under section 3; 

13 and 

14 (2) have been employed for 5 or more consecu15 tive school years as school-based mental health serv16 ices providers by low-income local educational agen17 cies. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary such 

20 sums as may be necessary to carry out the program under 

21 this section. 

22 SEC. 5. FUTURE DESIGNATION STUDY. 

23 (a) IN GENERAL.—The Secretary shall conduct a 

24 study to identify a formula for future designation of re25 gions with a shortage of school-based mental health serv26 ices providers to use in implementing grant programs and 


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1 other programs such as the programs established under 

2 this Act or for other purposes related to any such designa3 tion. 

4 (b) BASIS OF FORMULA.—The formula described in 

5 subsection (a) shall be based on the latest available data 

6 regarding an area served by a low-income local educational 

7 agency on— 

8 (1) the number of residents under the age of 18 

9 in such area; 

10 (2) the percentage of the population of such 

11 area with incomes below the poverty line; 

12 (3) the percentage of residents age 18 or older 

13 in such area who have earned secondary school di14 plomas; 

15 (4) the percentage of students in such area who 

16 are identified as eligible for special education serv17 ices; 

18 (5) the youth crime rate in such area; 

19 (6) the current number of full-time-equivalent 

20 and active school-based mental health services pro21 viders employed by the low-income local educational 

22 agency in such area, in the aggregate and 

23 disaggregated by profession; 

24 (7) the number of students in such area in mili25 tary families with parents in the Armed Forces (inVerDate Sep 11 2014 17:46 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1642.IS S1642

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1 cluding the National Guard and Reserves) who have 

2 been alerted for deployment, are currently deployed, 

3 or have returned from a deployment in the previous 

4 school year; and 

5 (8) such other criteria as the Secretary con6 siders appropriate. 

7 (c) REPORT.—Not later than 2 years after the date 

8 of enactment of this Act, the Secretary shall submit to 

9 Congress a report containing the findings of the study 

10 conducted under subsection (a). 

Æ 


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