Sec. 608. Mental health in schools
2,895 words·~13 min read·
/bill/116/hr/6637/ih/section-608A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the purpose of this section to— revise, increase funding for, and expand the scope of the Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services, in order to provide access to more comprehensive school-based mental health services and supports; provide for comprehensive staff development for school and community service personnel working in the school; provide for comprehensive training to improve health and academic outcomes for children with, or at risk for, mental health conditions, for parents or guardians, siblings, and other family members of such children, and for concerned members of the community; provide for comprehensive, universal, evidence-based screening to identify children and adolescents with potential mental health conditions or unmet emotional health needs; recognize best practices for the delivery of mental health care in school-based settings, including school-based health centers; provide for comprehensive training for parents or guardians, siblings, other family members, and concerned members of the community on behalf of children and adolescents experiencing mental health trauma, disorder, or disability; and establish formal working relationships between health, human service, and educational entities that support the mental and emotional health of children and adolescents in the school setting.
The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq.) is amended— by redesignating such part as part J; and by redesignating sections 581 through 584 as sections 596 through 596C, respectively. Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) is amended to read as follows: The Secretary, in collaboration with the Secretary of Education, shall, directly or through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), assist local communities and schools (including schools funded by the Bureau of Indian Education) in applying a public health approach to mental health services both in schools and in the community.
Such approach should provide comprehensive developmentally appropriate services and supports, that are linguistically and culturally appropriate and trauma-informed, and incorporate developmentally appropriate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with traumatic experiences, grief, bereavement, risk of suicide, violence, and individual and community trauma that children may experience, and shall be implemented with a focus on positive youth development.
Causes of trauma for children may include but are not limited to exposure to multiple forms of violence and abuse, structural racism and discrimination, family housing instability, family job loss, and climate-related disasters. Under the program under subsection (a), the Secretary may— provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and developmentally appropriate, school-based mental health program that— builds awareness of multiple forms of trauma, individual trauma, and intergenerational, continuum of impacts of trauma, on populations; trains appropriate staff and educators to identify, and screen for, signs of trauma exposure, mental health conditions, or risk of suicide; and incorporates positive behavioral interventions, family engagement, student treatment, and multi-generational supports to foster the health and development of children, prevent mental health conditions, and ameliorate the impacts of trauma; provide technical assistance to local communities with respect to the development of programs described in paragraph (1); provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health conditions; facilitate community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder systems, family-based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children’s mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, public health, youth development and recreation, youth employment organizations, and other community-based systems; and establish and promote trauma-informed, culturally based, and supportive mechanisms for children and adolescents to share their experiences of individual and community trauma, including their exposure to violence, with trusted adults.
To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— be a partnership that includes— a State educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) in coordination with one or more local educational agencies (as defined in section 8101 of such Act) or a consortium of entities described in subparagraph (B), (C), (D), or
(E)of the definition of a local educational agency in section 8101 of such Act; and in accordance with paragraph (2)(A)(i), appropriate public or private entities that employ interventions that are evidence-based (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and submit an application, endorsed by all members of the partnership, that— specifies which members will serve as the lead partners; and contains the assurances described in paragraph (2). An application under paragraph
(1)shall contain assurances as follows: The eligible entity will ensure that, in carrying out activities under this section, the eligible entity will enter into a memorandum of understanding— with at least 2 entities from the following categories: community-based, public or private mental-health providers, health care entities, public health entities, law enforcement or juvenile justice entities, child welfare agencies, family-based mental health entities, trauma networks, community-based entities, or other entities as determined by the Secretary (which may include a human services agency or institution of higher education); and that clearly states— the responsibilities of each partner with respect to the activities to be carried out, including how family and community engagement will be incorporated in the activities; how school-employed and school-based mental health professionals will be utilized for carrying out such responsibilities; how each such partner will be accountable for carrying out such responsibilities; and the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. The comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— universal prevention, through the promotion of the social, emotional, mental, and behavioral health of all students in an environment that is conducive to learning; the reduction in the likelihood of at-risk students developing social, emotional, or behavioral health problems, or substance use disorders; the screening for, and early identification of, social, emotional, mental, and behavioral problems, or substance use disorders and the provision of early intervention services; the treatment or referral for treatment of students with existing social, emotional, and mental behavioral health problems, or substance use disorders; the development and implementation of evidence-based programs (including program curricula, school supports, and after-school programs) to assist children who are experiencing or have been exposed to individual and community trauma or exposed to multiple forms of violence; and the development and implementation of evidence-based programs to assist children who are grieving, which may include training for school personnel on the impact of trauma and bereavement on children, and services to provide support to grieving children. The comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, and children with a mental health condition or at risk of developing a mental health condition, or who are at risk of suicide; the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and to follow up when services are not available; strategies that promote a school-wide positive environment, including strategies to prevent bullying, which includes cyber-bullying; strategies for promoting the social, emotional, mental, and behavioral health of all students; strategies for promoting the social, emotional, mental, and behavioral health of all students; and strategies to increase the knowledge and skills of school and community leaders about the impact of individual and community trauma and exposure to multiple forms of violence on the application of a public health approach to comprehensive school-based mental health programs. The comprehensive school-based mental health program carried out under this section will include comprehensive training for parents or guardians, siblings, and other family members of children with mental health conditions, and for concerned members of the community, in— the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, children with a mental health condition or at risk of developing a mental health condition, and children who are at risk of suicide; the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and followup when such services are not available; and strategies that promote a school- and community-wide positive environment, including strategies to prevent bullying, including cyber-bullying. The comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program (which may include seeking funding for the program under a State Medicaid plan under title XIX of the Social Security Act or a waiver of such a plan, or under a State plan under subpart 1 of part B or part E of title IV of the Social Security Act). The eligible entity is supported by the State agency with primary responsibility for behavioral health to ensure that comprehensive school-based mental health program carried out under this section will be sustainable after funding under this section terminates. The comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act or activities funded under part A of title IV of the Elementary and Secondary Education Act of 1965. The comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act. The comprehensive school-based mental health program carried out under this section will be trauma informed, evidence based, and developmentally, culturally, and linguistically appropriate. The comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out or are expelled from school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. The mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are— certified, credentialed, or licensed by the State involved in compliance with applicable Federal and State law; and practicing within their area of expertise. The comprehensive school-based mental health program carried out under this section will permit students to self-refer to the program for mental health care and self-consent for mental health crisis care to the extent permitted by State or other applicable law. Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 with respect to any patient records developed through activities under the grant. Section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution (as that term is defined in such section). The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection
(a)will be distributed equitably among the regions of the country and among urban and rural areas. With respect to the award of a grant, contract, or cooperative agreement under subsection (a), the award shall be for a period of 5 years and may be renewed for subsequent 5-year periods. The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Assistant Secretary, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph
(B)and local educational measures as provided for under subparagraph (C). The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities and interventions carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— enhancing the social skills and emotional resilience of all students, as well as providing support to students who experience peer-inflicted bullying and isolation; improving academic outcomes, including as measured by proficiency on the annual assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; reducing the incidence of behaviors that harm the self or others, or otherwise disrupt the learning environment of other students, when such behavior cannot be reduced by the presence of reasonable accommodations; improving participation and engagement in classroom activities in children with mental health conditions; reducing substance use disorders; reducing rates of suicide; reducing suspensions, truancy, expulsions, and violence; increasing high school graduation rates, calculated using the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965); and improving attendance rates and rates of chronic absenteeism; improving access to care for mental health conditions, including access to mental health services that are trauma-informed, and developmentally, linguistically, and culturally appropriate; improving health outcomes; and decreasing disparities among vulnerable and protected populations in outcomes described in clauses
(i)through (xi). The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— the effectiveness of comprehensive school mental health programs established under this section; the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; the progress made in sustaining the program once funding under the grant has expired; the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services; the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; the increased successful matriculation to postsecondary school; reduced suicide rates; referrals to juvenile justice; and increased educational equity. An eligible entity described in subsection
(c)that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph
(2)in a reasonable manner to demonstrate the progress of the program in achieving such purposes. Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2019. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. There is authorized to be appropriated to carry out this section $200,000,000 for each of the first 5 fiscal years following the date of enactment of the Immigrants’ Mental Health Act of 2020 . . Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq.), as amended by this section, is further amended by striking the part heading and inserting the following: .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources