I 
113TH CONGRESS 
1ST SESSION H. R. 1940 
To establish an Office of Specialized Instructional Support in the Department 
of Education and to provide grants to State educational agencies to 
reduce barriers to learning. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2013 
Mr. LOEBSACK (for himself, Mr. MICHAUD, Mr. PAYNE, Ms. MCCOLLUM, and 
Mr. PRICE of North Carolina) introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To establish an Office of Specialized Instructional Support 
in the Department of Education and to provide grants 
to State educational agencies to reduce barriers to learn-
ing. 
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 ‘‘Reducing Barriers to 
Learning Act of 2013’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Interventions to increase students’ bonding 
to school promote academic success by reducing bar-
riers to learning. 
(2) Interventions that foster students’ engage-
ment in school have been shown to reduce high 
school dropout rates. 
(3) Interventions that strengthen students’ so-
cial, emotional, and decisionmaking skills also posi-
tively impact their academic achievement, both in 
terms of higher standardized test scores and better 
grades. 
(4) Prevention and early intervention programs 
that target elementary school-aged students who are 
academically and socially at risk have been shown to 
produce declines in special education referrals and 
placement, suspension, grade retention, and discipli-
nary referrals. 
(5) Students with barriers to learning, such as 
low levels of resilience assets (such as high expecta-
tions and caring relationships at school), have lower 
levels of academic achievement both in low- and 
high-performing schools. 
(6) Increasing students’ engagement and sense 
of community in the school produces reductions in 
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problem behaviors, increased associations with 
prosocial peers, and better academic performance. 
(7) School mental health programs improve 
educational outcomes by decreasing absences and 
discipline referrals and improving test scores. 
(8) Students who receive social-emotional sup-
port and prevention services achieve better academi-
cally in school. 
(9) While it is well recognized that mental 
health directly affects children’s learning and devel-
opment, in a recent study one-third of school dis-
tricts reported decreased funding for school mental 
health services at the same time that two-thirds re-
ported increased need for such services. 
(10) Nearly 15 to 18 percent of children and 
adolescents have a chronic health condition, nearly 
half of whom could be considered disabled. School 
nursing provides access to high quality, cost-effective 
care to our Nation’s school children, including the 
most vulnerable. Improving access and overall health 
outcomes supports positive learning outcomes in our 
schools. 
(11) School counseling programs are essential 
for students to achieve optimal personal growth, ac-
quire positive social skills and values, set appropriate 
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career goals, and realize full academic potential to 
become productive, contributing members of the 
world community. 
(12) Seventy percent of children receiving serv-
ices 
from 
speech-language 
pathologists 
make 
progress in emergent literacy skills, and 75 percent 
make progress in word recognition, an important 
component of literacy skills; over two-thirds of class-
room teachers report that students receiving these 
services show improved reading skills in the class-
room. 
(13) Use of creative arts therapies (including 
art therapy, dance/movement therapy, and music 
therapy) promote learning and skill acquisition (in-
cluding enhanced literacy skills), increased attention, 
improved behavior, increased socialization, improved 
receptive/expressive language, self-expression, and a 
more positive attitude for learning. 
(14) Ninety-seven percent of children in the 
United States spend their days at school. Therefore, 
the school can be an important site where health and 
education risks (such as depression, absenteeism, 
and substance use) may be identified and timely 
interventions initiated. 
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(15) Whole-school interventions using positive 
behavior support have been shown to decrease be-
havior problems while improving academic perform-
ance, as measured by standardized tests in reading 
and mathematics. 
(16) Branches of Federal agencies need to re- 
evaluate policies aimed at enhancing school-based 
mental health and become more proactive in pro-
viding leadership to achieve integrated, collaborative, 
and effective programs aimed at improving the men-
tal health of America’s children. 
(17) Twenty percent of the 53 million children 
attending school in the United States will, at some 
point, meet the criteria for a diagnosable mental ill-
ness at a level of impairment that requires some 
type of intervention. Thus, there is the potential that 
over 10 million children will need some type of help 
to meet the goals relating to emotional well-being in 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.). 
(18) More than three-quarters of schools have 
a coordinator of mental health and social services in 
the school; nearly two-thirds of school districts have 
a coordinator who serves this role; and one-half of 
the States have a coordinator of school mental 
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health and social services. However, there is cur-
rently no person responsible for overseeing or pro-
moting these services and supports in the Depart-
ment of Education. 
SEC. 3. OFFICE OF SPECIALIZED INSTRUCTIONAL SUP-
PORT. 
(a) IN GENERAL.—The Department of Education 
Organization Act (20 U.S.C. 3401 et seq.) is amended by 
redesignating sections 219 and 220 as sections 220 and 
221, respectively, and by inserting after section 218 the 
following new section: 
‘‘SEC. 219. OFFICE OF SPECIALIZED INSTRUCTIONAL SUP-
PORT. 
‘‘(a) ESTABLISHMENT.—There shall be, in the De-
partment, an Office of Specialized Instructional Support 
(referred to in this section as the ‘Office’). 
‘‘(b) DIRECTOR.— 
‘‘(1) APPOINTMENT AND REPORTING.—The Of-
fice shall be under the direction of the Director of 
Specialized Instructional Support who shall be ap-
pointed by the Secretary and who shall report di-
rectly to the Deputy Secretary. 
‘‘(2) FUNCTIONS.—The Director of Specialized 
Instructional Support, through the Office, shall 
carry out the following activities: 
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‘‘(A) Improve specialized instructional sup-
port services in schools in order to better ad-
dress barriers to student learning and improve 
academic achievement and educational results 
for students. 
‘‘(B) Identify and disseminate scientifically 
based practices in specialized instructional sup-
port services that effectively address barriers to 
education and improve both academic achieve-
ment and educational results for students. 
‘‘(C) Provide continuous training and pro-
fessional development opportunities for special-
ized instructional support personnel and other 
personnel in the use of effective techniques to 
address academic, behavioral, emotional, social, 
mental health, and functional needs. 
‘‘(D) Provide technical assistance to State 
specialized instructional support coordinators, if 
any, as well as to local and State educational 
agencies in the provision of effective, scientif-
ically based specialized instructional support 
services. 
‘‘(E) Coordinate specialized instructional 
support services programs and services in 
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schools between the Department and other Fed-
eral agencies, as appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by redesignating the items relat-
ing to sections 219 and 220 as relating to sections 220 
and 221, respectively, and by inserting after the item re-
lating to section 218 the following new item: 
‘‘Sec. 219. Office of Specialized Instructional Support.’’. 
SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES TO RE-
DUCE BARRIERS TO LEARNING. 
(a) IN GENERAL.—Title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) is amended by redesignating part I as part J and 
by inserting after part H the following new part: 
‘‘PART I—REDUCED BARRIERS TO LEARNING 
‘‘SEC. 1901. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to build the capacity of States to identify 
and respond to the need for specialized instructional 
support services at the local educational agency level 
in order to promote student success for all students; 
‘‘(2) to promote comprehensive and coordinated 
delivery of services within and across Federal, State, 
and local educational agencies and in collaboration 
with available community agencies supports and 
services; 
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‘‘(3) to promote evidenced-based practices that 
have demonstrated effectiveness in reducing barriers 
to learning and improving student outcomes; 
‘‘(4) to monitor the access, use, availability, and 
adequacy of resources, services, and personnel de-
signed to specifically address barriers to learning at 
the district and individual school level; 
‘‘(5) to assist in the recruitment, retention, and 
adequate staffing of specialized instructional support 
personnel to meet the needs of students experiencing 
barriers to learning at the local educational agency 
and individual school level; and 
‘‘(6) to improve shared accountability for stu-
dent outcomes by all school personnel. 
‘‘SEC. 1902. GRANTS TO STATE EDUCATIONAL AGENCIES. 
‘‘(a) GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
competitive grants under this part to State edu-
cational agencies— 
‘‘(A) to establish or expand specialized in-
structional support services and programs at 
the State level that are designed to provide 
technical assistance, and coordinate and sup-
port specialized instructional support services 
and programs, for the purpose of addressing 
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barriers to learning within local educational 
agencies and individual schools; and 
‘‘(B) to hire and support specialized in-
structional support services coordinators to pro-
vide such assistance, coordination, and support. 
‘‘(2) BARRIERS TO LEARNING.—For purposes 
of this part, the term ‘barriers to learning’ include 
any social, emotional, behavioral, physical, environ-
mental, or academic factor that substantially inter-
feres with a student’s ability to achieve academically 
and successfully complete secondary school. Such 
factors may include acute or transitional factors 
such as family conflict, homelessness, geographic re-
location, grief and loss, emotional stress, mental or 
physical illness, or mild learning problems, and more 
chronic or severe factors commonly associated with 
a disability. 
‘‘(b) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to applications that 
demonstrate— 
‘‘(1) the greatest financial need based upon the 
percentage of students identified as requiring spe-
cialized instructional support services and programs 
in order to overcome barriers to learning and aca-
demic achievement; 
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‘‘(2) the greatest need based upon the limited 
amount of resources, services, or personnel (within 
local educational agencies and individual schools) 
available to specifically address barriers to learning 
and academic achievement; and 
‘‘(3) the greatest potential for program sustain-
ability following the completion of the grant’s dura-
tion. 
‘‘(c) MATCHING REQUIREMENT.—To be eligible to 
receive a grant under this section, a State educational 
agency shall provide non-Federal matching funds equal to 
not less than 50 percent of the amount of the grant. 
‘‘(d) DURATION.—Grants under this section shall be 
awarded for a period of not more than 5 years. 
‘‘(e) ADMINISTRATIVE COSTS.—A State educational 
agency that receives a grant under this part may reserve 
not more than 15 percent of the grant funds for adminis-
trative expenses. 
‘‘(f) SUPPLEMENT; NOT SUPPLANT.—Funds made 
available under this part shall be used to supplement, and 
not supplant, any other Federal, State, or local funds that 
would otherwise be available to carry out the activities as-
sisted under this part. 
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‘‘SEC. 1903. STATE APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency 
seeking a grant under this part shall submit an application 
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require. 
‘‘(b) CONTENTS.—Each application for a grant under 
this section shall also describe— 
‘‘(1) the needs of the State in meeting the pur-
poses of this part; 
‘‘(2) if a State intends to hire a specialized in-
structional support services coordinator, the quali-
fications of the specialized instructional support 
services coordinators demonstrating that personnel 
are knowledgeable and experienced in school sys-
tems, operations, and the specific role and function 
of specialized instructional support services; 
‘‘(3) the specific leadership activities to be per-
formed by the coordinators in order to address such 
purposes; 
‘‘(4) the school population to be targeted for 
services by the specialized instructional support serv-
ices; 
‘‘(5) the specific student outcomes expected as 
a result of delivering these services; 
‘‘(6) the adequacy of staffing as compared to 
student needs for specialized instructional support 
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personnel, especially personnel representing diverse 
cultural populations; 
‘‘(7) the proposed strategies for recruiting and 
retaining specialized instructional support personnel, 
including professional development, mentoring, and 
hiring incentives; 
‘‘(8) the methods to be used to evaluate the 
outcomes and effectiveness of the program; and 
‘‘(9) how the State and local educational agen-
cies will involve community groups, social service 
agencies, and other public and private entities in co-
ordinated, collaborative efforts to reduce barriers to 
learning. 
‘‘SEC. 1904. EVALUATION AND REPORTING. 
‘‘(a) IN GENERAL.—The Secretary shall evaluate the 
programs assisted under this part. 
‘‘(b) REPORTING.—Not later than 3 years after 
grants are awarded under this part to the State edu-
cational agencies, the Secretary shall make publicly avail-
able a report— 
‘‘(1) detailing the results of the Secretary’s 
evaluation of each program assisted pursuant to a 
grant under this part; 
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‘‘(2) demonstrating how each State educational 
agency receiving a grant under this part reduced 
barriers to learning for students; and 
‘‘(3) demonstrating how each State educational 
agency receiving a grant under this part improved 
the coordination and collaboration of specialized in-
structional support services at the local and indi-
vidual school level and with community groups, so-
cial services agencies, or other public or private serv-
ice agencies working to reduce barriers to learning. 
‘‘SEC. 1905. AUTHORIZATIONS. 
‘‘There are authorized to carry out this part such 
sums as may be necessary for fiscal year 2014 and each 
of the 5 succeeding fiscal years.’’. 
(b) REFERENCES TO PUBLIC SERVICES AND PER-
SONNEL.— 
(1) The Elementary and Secondary Education 
Act of 1965 is amended— 
(A) by striking ‘‘pupil services’’ each place 
it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 
1416(4), and 4152(2) and inserting ‘‘special-
ized instructional support services’’, and 
(B) by striking ‘‘pupil services personnel’’ 
each place it appears and inserting ‘‘specialized 
instructional support personnel’’. 
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(2) Paragraph (36) of section 9101 of such Act 
(20 U.S.C. 7801) is amended to read as follows: 
‘‘(36) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psy-
chologists, school nurses, and other qualified 
professional personnel involved in providing as-
sessment, diagnosis, counseling, educational, 
therapeutic, and other necessary services (in-
cluding related services as that term is defined 
in section 602 of the Individuals with Disabil-
ities Education Act) as part of a comprehensive 
program to meet student needs. 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) Sections 1901 through 1908 of part J of 
title I of the Elementary and Secondary Education 
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Act of 1965 (as redesignated by subsection (a)) are 
redesignated as sections 1921 through 1928, respec-
tively. 
(2) The table of contents for the Elementary 
and Secondary Education Act of 1965 is amended 
by striking the items relating to part I of title I and 
inserting the following new items: 
‘‘PART I—REDUCED BARRIERS TO LEARNING 
‘‘Sec. 1901. Purposes. 
‘‘Sec. 1902. Grants to State educational agencies. 
‘‘Sec. 1903. State applications. 
‘‘Sec. 1904. Evaluation and reporting. 
‘‘Sec. 1905. Authorizations. 
‘‘PART J—GENERAL PROVISIONS 
‘‘Sec. 1921. Federal regulations. 
‘‘Sec. 1922. Agreements and records. 
‘‘Sec. 1923. State administration. 
‘‘Sec. 1924. Local educational agency spending audits. 
‘‘Sec. 1925. Prohibition against Federal mandates, direction, or control. 
‘‘Sec. 1926. Rule of construction on equalized spending. 
‘‘Sec. 1927. State report on dropout data. 
‘‘Sec. 1928. Regulations for sections 1111 and 1116.’’. 
(3) Section 1922 of such Act, as redesignated 
by paragraph (1), is amended by striking ‘‘1901’’ 
and inserting ‘‘1921’’. 
(4) Paragraph (11) of section 1111(c) of such 
Act is amended by striking ‘‘1903(b)’’ and inserting 
‘‘1923(b)’’. 
Æ 
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