SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT 
SERVICE PROVIDERS. 
(a) IN GENERAL.—Subpart 14 of title V of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7269 et seq.) is amended— 
(1) by inserting after the subpart heading the 
following: 
‘‘CHAPTER A—SYSTEMS INTEGRATION; 
PROMOTION OF SCHOOL READINESS’’; 
and 
(2) by adding at the end the following: 
‘‘CHAPTER 
B—SCHOOL-BASED 
MENTAL 
HEALTH AND STUDENT SERVICE PRO-
VIDERS 
‘‘SEC. 5545. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) The Surgeon General of the Public Health 
Service has found that although 1 in 10 children 
and adolescents suffer from mental illness severe 
enough to cause some level of impairment, in any 
given year fewer than 1 in 5 of these children re-
ceives needed treatment. The short- and long-term 
consequences of untreated childhood mental dis-
orders are costly, in both human and fiscal terms. 
‘‘(2) School counselors, school psychologists, 
other qualified psychologists, child and adolescent 
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psychiatrists, and school social workers are needed 
to help these children and to provide a variety of 
crucial support services. 
‘‘(3) Across the United States, there are insuffi-
cient resources for school-based counseling profes-
sionals, and often students do not get the help they 
need. The current national average ratio of students 
to school counselors in elementary and secondary 
schools is 561 to 1. 
‘‘(4) United States schools need more mental 
health professionals, and they need the flexibility to 
hire the professionals that will best serve their stu-
dents. 
‘‘(5) According to the Institute of Medicine of 
the National Academy of Sciences, the maximum 
recommended ratio of— 
‘‘(A) students to school counselors is 250 
to 1; 
‘‘(B) students to school psychologists is 
1,000 to 1; and 
‘‘(C) students to school social workers is 
800 to 1. 
‘‘(6) In some States, 1 school counselor typi-
cally serves over 1,000 students. Ratios for school 
psychologists and school social workers are also ex-
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tremely high. In some schools, there are no school- 
based mental health and student service providers 
available to assist students in times of crisis, or at 
any other time. 
‘‘(7) The number of students is expected to 
grow significantly over the next few years. During 
this time, many school-based mental health profes-
sionals who currently serve the Nation’s youth will 
retire. 
‘‘(8) Model programs using school-based mental 
health and student service providers have reduced 
school suspensions, reduced referrals to the prin-
cipal’s office, reduced the use of weapons, force, and 
threats, and increased students’ feelings of safety. 
‘‘SEC. 5546. PURPOSES. 
‘‘The purposes of this chapter are to assist States and 
local educational agencies in hiring additional school-based 
mental health providers, including additional school coun-
selors, school psychologists, other qualified psychologists, 
child and adolescent psychiatrists, and school social work-
ers to achieve each of the following: 
‘‘(1) To reduce the ratios of school-based men-
tal health and student service providers to students 
in elementary and secondary schools in the United 
States to the following minimum ratios rec-
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ommended by the Institute of Medicine of the Na-
tional Academy of Sciences in its 1997 report 
‘Schools and Health: Our Nation’s Investment’: 
‘‘(A) 1 school counselor for every 250 stu-
dents; 
‘‘(B) 1 school psychologist for every 1,000 
students; and 
‘‘(C) 1 school social worker for every 800 
students. 
‘‘(2) To provide school-based mental health and 
student services. 
‘‘(3) To remove emotional, behavioral, and psy-
chosocial barriers to learning so as to enhance stu-
dents’ classroom preparedness and ability to learn. 
‘‘(4) To support school staff and teachers in 
improving classroom management, conducting be-
havioral interventions to improve school discipline, 
and developing the awareness and skills to identify 
early warning signs of violence and the need for 
mental health services. 
‘‘(5) To support parental involvement in im-
proving the school behavior and academic success of 
their children. 
‘‘SEC. 5547. DEFINITIONS. 
‘‘In this chapter, the following definitions apply: 
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‘‘(1) CHILD.—The term ‘child’ means an indi-
vidual who is not less than 5 years old and not more 
than 17 years old. 
‘‘(2) 
CHILD
AND
ADOLESCENT
PSYCHIA-
TRIST.—The term ‘child and adolescent psychiatrist’ 
has the meaning given such term in section 5421(e). 
‘‘(3) CHILD IN POVERTY.—The term ‘child in 
poverty’ means a child from a family with an income 
below the poverty line. 
‘‘(4) MENTAL HEALTH AND STUDENT SERVICE 
PROVIDER.—The term ‘mental health and student 
service provider’ means a qualified individual who 
provides mental health and student services, includ-
ing any individual who is a qualified school coun-
selor, a qualified school psychologist or any other 
qualified psychologist, a child or adolescent psychia-
trist, or a qualified school social worker. 
‘‘(5) MENTAL
HEALTH
AND
STUDENT
SERV-
ICES.—The term ‘mental health and student serv-
ices’ includes direct, individual, and group services 
provided to students, parents, and school personnel 
by mental health and student service providers, and 
the coordination of prevention strategies in schools 
or community-based programs. 
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‘‘(6) OTHER QUALIFIED PSYCHOLOGIST.—The 
term ‘other qualified psychologist’ has the meaning 
given such term in section 5421(e). 
‘‘(7) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget, and revised annually in 
accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) appli-
cable to a family of the size involved. 
‘‘(8) SCHOOL COUNSELOR.—The term ‘school 
counselor’ means an individual who has documented 
competence in counseling children and adolescents in 
a school setting and who— 
‘‘(A) possesses State licensure or certifi-
cation granted by an independent professional 
regulatory authority; 
‘‘(B) possesses national certification in 
school counseling or a specialty of counseling 
granted by an independent professional organi-
zation; or 
‘‘(C) holds a minimum of a master’s de-
gree in school counseling from a program ac-
credited by the Council for Accreditation of 
Counseling and Related Educational Programs 
or the equivalent. 
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‘‘(11) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STU-
DENT SERVICE PROVIDER GRANT PROGRAM. 
‘‘(a) IN GENERAL.—In accordance with this chapter, 
the Secretary shall make grants to eligible States to assist 
local educational agencies in those States in hiring addi-
tional school-based mental health and student service pro-
viders. 
‘‘(b) ALLOCATION
OF
FUNDS.—From the total 
amount appropriated for a fiscal year to carry out this 
chapter, the Secretary shall— 
‘‘(1) make available 1 percent of such amount 
to the Secretary of the Interior (on behalf of the Bu-
reau of Indian Affairs) and the outlying areas for 
activities that carry out the purposes of this chapter; 
and 
‘‘(2) make available in the form of grants to 
each eligible State an amount equal to the sum of— 
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of such total amount as 
the number of children in poverty who reside in 
the State bears to the number of such children 
in all States; and 
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‘‘(B) an amount that bears the same rela-
tionship to 50 percent of such total amount as 
the number of children enrolled in public and 
private nonprofit elementary schools and sec-
ondary schools in the State bears to the number 
of children enrolled in all such schools in all 
States. 
‘‘(c) MINIMUM GRANT.—Notwithstanding subsection 
(b), no grant under this section shall be for an amount 
less than $1,000,000. 
‘‘(d) REALLOCATION.—The Secretary shall reallocate 
to States that have received approval under subsection 
(e)(2) any funds allocated under subsection (b) to a State 
that fails to submit an application that is approved by the 
Secretary. 
‘‘(e) APPLICATION BY STATE.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
grant under this chapter, a State shall submit an 
application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(2) APPROVAL.—The Secretary may not ap-
prove an application under this subsection unless the 
State submitting the application— 
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‘‘(A) presents a plan, which the Secretary 
considers to be reasonable, under which the 
State will make grants, in accordance with the 
purposes of this chapter, to local educational 
agencies to fund the hiring of additional school 
counselors, school psychologists, other qualified 
psychologists, child and adolescent psychia-
trists, and school social workers; and 
‘‘(B) provides an assurance that the State 
will provide the matching amount required 
under subsection (g). 
‘‘(f) USE OF FUNDS BY STATE.— 
‘‘(1) IN
GENERAL.—In accordance with this 
subsection, the total of the amounts made available 
to a State under this section and the amounts of the 
non-Federal match required under subsection (g) 
may only be used by a State to make grants to local 
educational agencies to assist such agencies in hiring 
additional school-based mental health and student 
service providers. 
‘‘(2) ADMINISTRATIVE COSTS.—In each fiscal 
year, a State may use not more than 5 percent of 
the assistance made available to it under this chap-
ter for the administrative costs of the State in car-
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rying out the State’s responsibilities under this 
chapter. 
‘‘(3) ALLOCATION
OF
FUNDS.—In making 
grants in accordance with this subsection, the State 
shall allocate from the total described in paragraph 
(1) to each local educational agency an amount 
equal to the sum of— 
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of such total as the num-
ber of children in poverty who reside in the 
school district served by the local educational 
agency bears to the number of such children 
who reside in all the school districts in the 
State; and 
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of such total as the num-
ber of children enrolled in public and private 
nonprofit elementary schools and secondary 
schools in the school district served by the local 
educational agency bears to the number of chil-
dren enrolled in all such schools in the State. 
‘‘(4) MINIMUM GRANT.—Notwithstanding para-
graph (3), no grant made by a State in accordance 
with this subsection shall be for an amount less than 
$50,000. 
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‘‘(5) SOURCE OF DATA.—For purposes of para-
graph (3), the State shall use data from the most 
recent fiscal year for which satisfactory data are 
available, except that the State may adjust such 
data, or use alternative child poverty data, if the 
State demonstrates to the Secretary’s satisfaction 
that such adjusted or alternative data more accu-
rately reflect the relative incidence of children who 
are living in poverty and who reside in the school 
districts in the State. 
‘‘(6) APPLICATION
BY
LOCAL
EDUCATIONAL 
AGENCIES.—A State may require that, in order to 
be eligible for a grant made by the State in accord-
ance with this subsection, a local educational agency 
shall submit an application to the State at such 
time, in such manner, and containing such informa-
tion as the State may require. 
‘‘(g) MATCHING FUNDS.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
a grant under this section, the Secretary shall re-
quire that a State provide from non-Federal sources 
an amount equal to the amount of the grant. 
‘‘(2) LOCAL CONTRIBUTION.—In making grants 
to local educational agencies in accordance with this 
subsection, a State may require that a local edu-
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cational agency match a portion of the amount of 
the grant made to the agency. 
‘‘(3) FORM.—The non-Federal share required 
by this subsection may be provided in cash or in 
kind, fairly evaluated, and may include facilities, 
equipment, or services. 
‘‘(h) FUNDS TO BE SUPPLEMENTARY.—Assistance 
made available under this chapter shall be used to supple-
ment, and may not supplant, Federal, State, or local funds 
used for employing school-based mental health and stu-
dent service providers. 
‘‘(i) DATA COLLECTION AND REPORT.— 
‘‘(1) IN
GENERAL.—For each fiscal year for 
which it receives assistance under this chapter, a 
State shall collect data describing how the assistance 
is used. 
‘‘(2) REPORT.—Not later than 1 year after as-
sistance is made available to a State under this 
chapter, the State shall transmit to the Secretary a 
report on the data described in paragraph (1), in-
cluding information with respect to each local edu-
cational agency to which the State made a grant 
with assistance made available under this chapter— 
‘‘(A) the number of school counselors, 
school psychologists, other qualified psycholo-
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gists, child and adolescent psychiatrists, and 
school social workers employed by local edu-
cational agency; and 
‘‘(B) the ratio of students to school coun-
selors, the ratio of students to school psycholo-
gists or other qualified psychologists, the ratio 
of students to child and adolescent psychia-
trists, and the ratio of students to school social 
workers. 
‘‘(3) SOURCE OF FUNDS.—A State may use a 
portion of the assistance permitted to be used for 
administrative costs to carry out its responsibilities 
under this subsection. 
‘‘(4) PUBLICATION.—The Secretary shall make 
data received under this subsection publicly available 
on an annual basis. 
‘‘SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter $100,000,000 for each of fiscal years 2010 
through 2018.’’. 
(b) CLERICAL AMENDMENTS.—The table of contents 
for the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by amending the 
items relating to subpart 14 of title V to read as follows: 
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‘‘SUBPART 14—GRANTS TO IMPROVE THE MENTAL HEALTH OF CHILDREN 
‘‘CHAPTER A—SYSTEMS INTEGRATION; PROMOTION OF SCHOOL 
READINESS 
‘‘Sec. 5541. Grants for the integration of schools and mental health systems. 
‘‘Sec. 5542. Promotion of school readiness through early childhood emotional 
and social development. 
‘‘CHAPTER B—SCHOOL-BASED MENTAL HEALTH AND STUDENT 
SERVICE PROVIDERS 
‘‘Sec. 5545. Findings. 
‘‘Sec. 5546. Purposes. 
‘‘Sec. 5547. Definitions. 
‘‘Sec. 5548. School-based mental health and student service provider grant pro-
gram. 
‘‘Sec. 5549. Authorization of appropriations.’’. 
Æ 
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