I 118th CONGRESS 2d Session H. R. 7108 IN THE HOUSE OF REPRESENTATIVES January 29, 2024 Ms. DeLauro (for herself, Mr. Fitzpatrick , and Mrs. Hayes ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support States and high-need local educational agencies in increasing the number of mental health services providers in schools.

1. Short title; table of contents (a) Short title This Act may be cited as the Expanding Access to Mental Health Services in Schools Act of 2024 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. School-based mental health services grant program. Sec. 5. Rule. 2. Purposes The purpose of this Act is to increase the number of school-based mental health services providers. 3. Definitions In this Act: (1) Eligible agency The term eligible agency means— (A) a high-need local educational agency; (B) an educational service agency acting on behalf of 1 or more high-need local educational agencies; or (C) a State educational agency. (2) ESEA definitions The terms child with a disability , educational service agency , elementary school , English learner , evidence-based , institution of higher education , local educational agency , other staff , outlying area , paraprofessional , professional development , school leader , secondary school , specialized instructional support personnel , Secretary , 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 ). (3) High-need local educational agency The term high-need local educational agency means a local education agency that, as the date of application for this Act— (A) is among the highest 15 percent of all local educational agencies in the State, as determined by the Secretary, based on either— (i) the number of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or (ii) the percentage of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and (B) does not meet at least two of the following: (i) A ratio of 1 full-time equivalent school counselor for every 250 students. (ii) A ratio of 1 full-time equivalent school psychologist for every 500 students. (iii) A ratio of 1 full-time equivalent school social worker for every 250 students. (4) ISDA definitions The term Indian Tribe means any indian tribe identified as such by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a–1 ). (5) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). 4. School-based mental health services grant program (a) Purpose The purpose of this section is to increase the number of school-based mental health professionals by supporting high-need local educational agencies in recruiting, hiring, retaining, and diversifying school-based mental health services providers to expand access to school-based mental health services for students enrolled in elementary schools and secondary schools served by such agencies. (b) Authorization of grants (1) In general From amounts made available under subsection (g) and after making the reservations described in paragraph (2), the Secretary shall award grants, on a competitive basis, to eligible agencies, in accordance with this section. (2) Reservations From the total amount made available under subsection (g) for a fiscal year, the Secretary shall— (A) reserve not more than 2 percent of such amount for program administration, technical assistance, and data collection; (B) reserve 1 percent for the Secretary of the Interior for schools operated or funded by the Bureau of Indian Education, in accordance with the purpose of this section; and (C) reserve 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this section. (3) Duration and renewals (A) Duration A grant awarded under this section shall be for a period of not more than 5 years. (B) Renewal The Secretary may renew a grant awarded under this section for a period of not more than 2 years. (4) Diversity of projects (A) In general In awarding grants under paragraph (1), the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible agencies that will serve geographically diverse areas, including urban, suburban, and rural areas. (B) Local educational agencies In awarding grants under paragraph (1), the Secretary shall ensure that not less than 50 percent of the amounts made available under subsection (g) that remain after making reservations under paragraph (2) are awarded to high-quality applications submitted by high-need local educational agencies identified in clauses (i) and (ii) of section 3(3)(A). (5) Sufficient size and scope Each grant awarded under paragraph (1) shall be of sufficient size and scope to allow the eligible agency receiving the grant to carry out the purpose of this section. (c) Application An eligible agency applying for a grant under subsection (b)(1) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, which may include— (1) a description of the prevalent mental health or substance use and misuse concerns facing students enrolled in schools served by participating high-need local educational agencies; (2) a description of current shortage of school-based mental health services providers, including lack of diversity, if applicable, in high-need local educational agencies that will be served under the grant; (3) a description of the applicant’s plan to support recruiting, hiring, retaining, or diversifying school-based mental health services providers in high-need local educational agencies to be served under the grant; and (4) an assurance that any school-based mental health services provider, including any provider offering telehealth services, provides services in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ) and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), as well as all applicable Federal, State, and local laws. (d) Use of funds An eligible agency that receives a grant under subsection (b)(1) shall use such funds to carry out one or more of the following: (1) Hiring school-based mental health services providers to— (A) provide school-based mental health services to students enrolled in schools served by high-need local educational agencies; and (B) implement evidence-based practices to improve school climate to support positive student mental health. (2) Implementing strategies to recruit school-based mental health services providers in high-need local educational agencies to help mitigate shortages of such providers, such as— (A) salary stipends; (B) relocation benefits; (C) student loan repayment; or (D) other financial incentives. (3) Implementing strategies to retain school-based mental health services providers in high-need local educational agencies, which may include— (A) providing incentives described in paragraph (2); or (B) providing ongoing professional development, induction, mentorship, or peer support for school-based mental health services providers. (e) Rules (1) Matching requirement Eligible agencies who receive a grant under this Act must contribute non-Federal matching funds to the amount of not less than 25 percent of the project budget. (2) Supplement, not supplant Funds made available under this Act shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities described under this Act. (3) Disaggregation of data Disaggregation of data required under this section shall not be required when the number is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual. (f) Reporting requirements Each eligible agency that receives a grant under subsection (b)(1) shall submit a report to the Secretary on an annual basis and publish such report in a clear and easily accessible format on the website of the eligible agency. Such report shall contain any information required by the Secretary and, at a minimum, the following: (1) The number of school-based mental health services providers employed by high-need local educational agencies served under the grant and any increases from the prior year, disaggregated by— (A) the number of each type of such providers who was recruited, hired, or retained, with support under this grant; and (B) the demographics of such providers. (2) The ratio of students to school-based mental health services providers in high-need local educational agencies served under the grant and the extent to which such ratio has decreased since the start of the grant period. (3) The reduction in the annual attrition rate of school-based mental health services providers employed by high-need local educational agencies served under the grant, and the extent to which such attrition rate has decreased since the start of the grant period. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2025 through 2029. 5. Rule The requirements of section 4001 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 ) shall apply to a State educational agency, local educational agency, or other entity receiving a grant or subgrant under this Act in the same manner as those requirements apply to an entity receiving an award under title IV of such Act.