Title: Elementary and Secondary School Counseling Act
Policy area: Education

Summary:
Elementary and Secondary School Counseling Act
This bill directs the Department of Education to award formula grants to state educational agencies and, through them, subgrants to local educational agencies to increase access to school-based, mental-health-services providers at high-need public elementary and secondary schools.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3356 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3356

   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 SENATE OF THE UNITED STATES

                            December 9, 2021

 Mr. Merkley (for himself, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. 
 Brown, Mr. Casey, Mr. Coons, Ms. Duckworth, Mr. Durbin, Mr. Heinrich, 
  Mr. King, Ms. Klobuchar, Mr. Padilla, Ms. Rosen, Mrs. Shaheen, Ms. 
 Smith, Mr. Van Hollen, and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elementary and Secondary 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.
            (2) 11 percent of youth have a mood disorder, 10 percent of 
        youth have a behavior or conduct disorder, and 8 percent of 
        youth have an anxiety disorder.
            (3) 50 percent of all lifetime cases of mental illness 
        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 juvenile 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 mental health 
        organizations, including the American School Counselor 
        Association, the National Association of School Psychologists, 
        the National Association of Social Workers, and the School 
        Social Work Association of America, recommend that schools 
        maintain--
                    (A) a maximum student to school counselor ratio of 
                250 to 1;
                    (B) a maximum student to school psychologist ratio 
                of 500 to 1; and
                    (C) a maximum student to school social worker ratio 
                of 250 to 1.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``local educational agency'', ``secondary school'', ``State'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (2) High-need school.--The term ``high-need school'' has 
        the meaning given the term in section 2211(b) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
            (3) School-based mental health services provider.--The term 
        ``school-based mental health services provider'' includes a 
        State-licensed or State certified school counselor, school 
        psychologist, school social worker, community-based mental 
        health provider organization, or other State licensed or 
        certified mental health professional qualified under State law 
        to provide mental health services to children and adolescents.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. GRANTS AND SUBGRANTS.

    (a) Program Authorized.--
            (1) In general.--The Secretary shall award formula grants, 
        from allotments made under subsection (b), to State educational 
        agencies to enable the State educational agencies 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.
            (2) Duration.--A grant 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 grant, as determined by the Secretary.
    (b) Formula Grants.--
            (1) In general.--
                    (A) Formula.--From the total amount made available 
                under section 5 for a fiscal year, the Secretary shall 
                allot to each such State that submits a complete 
                application an amount that bears the same relationship 
                to such total amount as the amount received under part 
                A of title I of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6311 et seq.) by such State for 
                such fiscal year bears to the amount received under 
                such part for such fiscal year by all States.
                    (B) Small state minimum.--No State receiving an 
                allotment under this paragraph shall receive less than 
                one-half of 1 percent of the total amount allotted 
                under this paragraph.
            (2) Matching requirements.--In order to receive an 
        allotment under this paragraph, a State shall agree to provide 
        matching funds, in an amount equal to 20 percent of the amount 
        of the allotment, toward the costs of the activities carried 
        out under the grant.
    (c) Application.--A State educational agency desiring a grant under 
this section 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) a description of how the State educational agency will 
        award subgrants to local educational agencies under subsection 
        (d);
            (2) a description of how the State educational agency will 
        disseminate, in a timely manner, information regarding the 
        subgrants and the application process for such subgrants to 
        local educational agencies; and
            (3) the ratios, as of the date of application, of students 
        to school-based mental health services providers in each public 
        elementary school and secondary school in the State, in the 
        aggregate and disaggregated to include--
                    (A) the ratios of students to school counselors, 
                school psychologists, and school social workers; and
                    (B) as applicable, the ratios of students to other 
                school-based mental health services providers not 
                described in subparagraph (A), in the aggregate and 
                disaggregated by type of provider.
    (d) Subgrants.--
            (1) In general.--A State educational agency receiving a 
        grant under this section shall use grant funds to award 
        subgrants, on a competitive basis, to local educational 
        agencies in the State, to enable the local educational agencies 
        to--
                    (A) employ school-based mental health services 
                providers or contract with community 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 of the State with school-based mental health 
                services providers, including by meeting the 
                recommended maximum ratios of--
                            (i) 250 students per school counselor;
                            (ii) 500 students per school psychologist; 
                        and
                            (iii) 250 students per school social 
                        worker.
            (2) Priority.--In awarding subgrants under this subsection, 
        the 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 submit an application to 
        the State educational agency at such time, in such manner, and 
        containing such information as the State educational agency 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.
    (e) Grant and Subgrant Requirements.--
            (1) Supplement, not supplant.--Amounts provided under a 
        grant or subgrant under this section shall supplement, and not 
        supplant, any other funds available to a State educational 
        agency or local educational agency for school-based mental 
        health services.
            (2) Combining funds allowed.--A State educational agency 
        receiving 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 (d)(1).
    (f) Reports.--
            (1) Local educational agencies.--A local educational agency 
        that receives a subgrant under this section shall submit a 
        report to the State on the activities carried out with the 
        subgrant funds.
            (2) State.--A State educational agency receiving a grant 
        under this section shall annually prepare and submit a report 
        to the Secretary that--
                    (A) evaluates the progress made in achieving the 
                purposes of the grant;
                    (B) includes the most recent student to provider 
                ratios, in the aggregate and disaggregated as provided 
                in subsection (c)(3), for public elementary schools and 
                secondary schools in the State that were assisted under 
                the grant under this section; and
                    (C) describes any other resources needed to meet 
                the required recommended maximum student to school-
                based mental health services provider ratios.
            (3) Public availability.--The Secretary shall make all 
        reports submitted under this subsection available to the 
        public, including through the website of the Department.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    In order to provide school-based mental health services providers 
in high-need schools in the States, there are authorized to be 
appropriated to carry out this Act--
            (1) $5,000,000,000 for fiscal year 2022; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.
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