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‘‘(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-
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
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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. 
‘‘(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
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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-
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.—
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‘‘(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, and school social workers 
employed by local educational agency; and 
‘‘(B) the ratio of students to school coun-
selors, the ratio of students to school psycholo-
gists, 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.
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‘‘SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter $100,000,000 for each of fiscal years 2004 
through 2008.’’. 
(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: 
‘‘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.’’. 
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