I 
118TH CONGRESS 
2D SESSION 
H. R. 8524 
To effectively staff the high-need public elementary schools and secondary 
schools of the United States with school-based mental health services 
providers. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2024 
Ms. CLARK of Massachusetts (for herself, Mrs. HAYES, Mr. LIEU, Ms. 
SA´NCHEZ, and Ms. UNDERWOOD) introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To effectively staff the high-need public elementary schools 
and secondary schools of the United States with school- 
based mental health services providers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Elementary and Sec-
ondary School Counseling Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) One in 5 children ages 13 through 18 has, 
or will have, a serious mental illness. 
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(2) 11 percent of youth have a mood disorder, 
10 percent of youth have a behavior or conduct dis-
order, and 8 percent of youth have an anxiety dis-
order. 
(3) 50 percent of all lifetime cases of mental ill-
ness begin by age 14. 37 percent of students with 
a mental health condition age 14 and older drop out 
of school, which is the highest school dropout rate 
of any disability group. 
(4) 70 percent of youth in State and local juve-
nile systems have a mental illness. 
(5) Youth with access to mental health services 
in school-based health centers are 10 times more 
likely to seek care for mental health or substance 
abuse than youth without access. 
(6) The leading counseling, guidance, and men-
tal health organizations, including the American 
School Counselor Association, the National Associa-
tion of School Psychologists, the National Associa-
tion of Social Workers, and the School Social Work 
Association of America, recommend that schools 
maintain— 
(A) a maximum student to school coun-
selor ratio of 250 to 1; 
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vider organization, or other State licensed or cer-
tified mental health professional qualified under 
State law to provide mental health services to chil-
dren and adolescents. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
SEC. 4. GRANTS AND SUBGRANTS TO INCREASE ACCESS TO 
SCHOOL-BASED MENTAL HEALTH SERVICES 
PROVIDERS AT HIGH-NEED SCHOOLS. 
(a) RESERVATIONS AND GRANTS.— 
(1) RESERVATIONS.—From the total amount 
made available under section 5 for a fiscal year, the 
Secretary shall reserve— 
(A) one-half of 1 percent for the Secretary 
of the Interior for the activities described in 
subsection (e)(1) in schools operated or funded 
by the Bureau of Indian Education; 
(B) one-half of 1 percent for allotments for 
the outlying areas to be distributed among the 
outlying areas on the basis of their relative need 
for assistance in carrying out the activities de-
scribed in subsection (e)(1), as determined by 
the Secretary; and 
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(C) not more than 2 percent for the ad-
ministration of this Act, and to provide tech-
nical assistance relating to this Act. 
(2) GRANTS.— 
(A) IN GENERAL.—From the total amount 
made available under section 5 for a fiscal year 
and remaining after funds are reserved under 
paragraph (1) of this subsection, the Secretary 
shall award grants to States in accordance with 
subparagraph (B) to enable the States to award 
subgrants to local educational agencies in order 
to increase access to school-based mental health 
services providers at high-need schools served 
by the local educational agencies. 
(B) FORMULA.—Subject to subparagraph 
(C), the Secretary shall award a grant to each 
State with an approved application under sub-
section (d) in an amount that bears the same 
relationship to the remaining amount described 
in subparagraph (A) as the amount such State 
received under part A of title I of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.), as determined on the 
basis of the most recent fiscal year for which 
data are available, bears to the amount received 
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under such part (20 U.S.C. 6311 et seq.) by all 
States with such an approved application, as so 
determined. 
(C) SMALL STATE MINIMUM.—No State re-
ceiving a grant under this paragraph shall re-
ceive less than one-half of 1 percent of the total 
grant amount awarded under this paragraph. 
(b) DURATION.—An allotment awarded under this 
section shall be for a 5-year period and may be renewed 
for additional 5-year periods upon a showing of adequate 
progress on meeting the goals of the allotment, as deter-
mined by the Secretary. 
(c) MATCHING REQUIREMENTS.—In order to receive 
a grant under this Act, a State shall agree to provide 
matching funds, in an amount equal to 20 percent of the 
amount of the grant amount, toward the costs of the ac-
tivities carried out under the grant. 
(d) APPLICATION.—For any State desiring to receive 
a grant under this Act, the State educational agency shall 
submit an application at such time, in such manner, and 
containing such information as the Secretary may require. 
Each application shall include, at a minimum— 
(1) an assurance that the State will use the al-
lotment only for the activities described in sub-
section (e)(1); 
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(2) a description of how the State will award 
subgrants to local educational agencies under sub-
section (e); 
(3) a description of how the State will dissemi-
nate, in a timely manner, information regarding the 
subgrants and the application process for such sub-
grants to local educational agencies; and 
(4) the ratios, as of the date of application, of 
students to school-based mental health services pro-
viders in each public elementary school and sec-
ondary school in the State, in the aggregate and 
disaggregated to include— 
(A) the ratios of students to school coun-
selors, school psychologists, and school social 
workers; and 
(B) as applicable, the ratios of students to 
other school-based mental health services pro-
viders not described in subparagraph (A), in the 
aggregate and disaggregated by type of pro-
vider. 
(e) SUBGRANTS.— 
(1) IN GENERAL.—A State receiving a grant 
under this Act shall use such grant to award sub-
grants, on a competitive basis, to local educational 
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agencies in the State, to enable the local educational 
agencies to— 
(A) recruit and retain school-based mental 
health services providers or contract with com-
munity mental health centers to work at high- 
need schools served by the local educational 
agency; and 
(B) work toward effectively staffing the 
high-need schools served by the local edu-
cational agency with school-based mental health 
services providers, including by meeting the rec-
ommended maximum ratios of— 
(i) 250 students per school counselor; 
(ii) 500 students per school psycholo-
gist; and 
(iii) 250 students per school social 
worker. 
(2) PRIORITY.—In awarding subgrants under 
this subsection, a State shall give priority to local 
educational agencies that serve a significant number 
of high-need schools. 
(3) APPLICATION.—A local educational agency 
desiring a subgrant under this subsection shall sub-
mit an application to the applicable State at such 
time, in such manner, and containing such informa-
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tion as the State may require, including information 
on how the local educational agency will prioritize 
assisting high-need schools with the largest numbers 
or percentages of students from low-income families. 
(f) ALLOTMENT AND SUBGRANT REQUIREMENTS.— 
(1) SUPPLEMENT, NOT
SUPPLANT.—Amounts 
provided as a grant to a State or as a subgrant to 
a local educational agency under this section shall 
supplement, and not supplant, any other funds avail-
able to such State or local educational agency for 
school-based mental health services. 
(2) COMBINING FUNDS ALLOWED.—A State re-
ceiving a grant under this section may combine 
funds made available under this section with State 
or local funds to carry out the activities described in 
subsection (e)(1). 
(g) REPORTS.— 
(1) LOCAL EDUCATIONAL AGENCIES.—A local 
educational agency that receives a subgrant under 
this section shall submit an annual report to the 
State that awarded such subgrant on the activities 
carried out with the subgrant funds. Each such re-
port shall— 
(A) describe the activities carried out using 
subgrant funds; 
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(B) enumerate the number of school-based 
mental health services providers (in the aggre-
gate and disaggregated by each type of provider 
listed in subsection (d)(4)) who— 
(i) were employed by or otherwise 
served in high-need public elementary and 
secondary schools under the jurisdiction of 
the local educational agency for the year 
covered by the report; and 
(ii) were supported with funds from 
the subgrant or matching funds during 
such year; and 
(C) include the most recent student to 
school-based mental health services provider ra-
tios listed in subsection (d)(4) for each high- 
need school under the jurisdiction of the local 
educational agency that was supported with the 
subgrant. 
(2) STATE EDUCATIONAL AGENCIES.—A State 
receiving a grant under this section shall annually 
prepare and submit a report to the Secretary that— 
(A) evaluates the progress made in achiev-
ing the recommended maximum student to 
school-based mental health services provider ra-
tios described in subsection (e)(1)(B); 
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(B) includes the most recent student to 
provider 
ratios, 
in 
the 
aggregate 
and 
disaggregated as provided in subsection (d)(4), 
for public elementary schools and secondary 
schools in the State that were assisted with 
such allotment; and 
(C) describes any other resources needed 
to meet the recommended maximum student to 
school-based mental health services provider ra-
tios described in subsection (e)(1)(B). 
(3) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall— 
(A) submit to the Committee on Education 
and the Workforce of the House of Representa-
tives and the Committee on Health, Education, 
Labor, and Pensions of the Senate, each report 
received under paragraph (2); and 
(B) make such reports available to the 
public, including through the website of the De-
partment of Education. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act— 
(1) $5,000,000,000 for fiscal year 2025; and 
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(2) such sums as may be necessary for each 
succeeding fiscal year. 
Æ 
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