Sec. 303. Allotments to States and subgrants to local educational agencies
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The Secretary shall carry out a program under which the Secretary makes allotments to States, in accordance with subsection (c), 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. From the total amount made available under section 304 for a fiscal year, the Secretary shall reserve— one-half of 1 percent for the Secretary of the Interior for programs under this title in schools operated or funded by the Bureau of Indian Education, Indian tribes and tribal organizations, or consortia of Indian tribes and tribal organizations; one-half of 1 percent for allotments for 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 title; and not more than 2 percent for the administration of the program under this title and to provide technical assistance relating to such program.
From the total amount made available under section 304 for a fiscal year and not reserved under subsection (b), the Secretary shall allot to each State that submits a true and complete application under paragraph
(3)(as determined by the Secretary) 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 that submit such applications. 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. In order to receive an allotment under paragraph (1), 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 with the allotment. A State desiring an allotment under paragraph
(1)shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include, at a minimum— an assurance that the State will use the allotment only for the purposes specified in subsection (d)(1); a description of how the State will award subgrants to local educational agencies under such subsection; a description of how the State will disseminate, in a timely manner, information regarding the subgrants and the application process for such subgrants to local educational agencies; and 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— the ratios of students to school counselors, school psychologists, and school social workers; and as applicable, the ratios of students to other school-based mental health services providers not described in clause (i), in the aggregate and disaggregated by type of provider. An allotment to a State under paragraph
(1)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 program under this title, as determined by the Secretary. A State receiving an allotment under subsection
(c)shall use the allotment to award subgrants, on a competitive basis, to local educational agencies in the State, to enable the local educational agencies to— recruit and retain school-based mental health services providers to work at high-need schools served by the local educational agency; and work toward effectively staffing the high-need schools of the local educational agency with school-based mental health services providers, including by meeting the recommended maximum ratios of— 250 students per school counselor; 500 students per school psychologist; and 250 students per school social worker. In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. A local educational agency desiring a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such information 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 (as counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) )). Amounts received from an allotment under subsection
(c)or a subgrant under subsection
(d)shall supplement, and not supplant, any other funds available to a State or local educational agency for school-based mental health services. A local educational agency receiving a subgrant under subsection
(d)may combine such subgrant with State or local funds to carry out the activities described in subsection (d)(1). A local educational agency that receives a subgrant under subsection
(d)shall submit an annual report to the State on the activities carried out with the subgrant funds. Each such report shall— describe the activities carried out using subgrant funds; enumerate the number of school-based mental health services providers (in the aggregate and disaggregated by profession) who— were employed by or otherwise served in high-need public elementary and secondary schools under the jurisdiction of the local educational agency over the year covered by the report; and were supported with funds from the subgrant or matching funds during such year; and include the most recent student to provider ratios, in the aggregate and disaggregated as provided in subsection (c)(3)(D), for high-need schools under the jurisdiction of the local educational agency that were supported with the subgrant or matching funds. A State receiving an allotment under subsection
(c)shall annually prepare and submit a report to the Secretary that— evaluates the progress made in achieving the purposes of the program under this title; includes the most recent student to provider ratios, in the aggregate and disaggregated as provided in subsection (c)(3)(D), for high-need schools in the State that were assisted with subgrants under subsection (d); and describes any other resources needed to meet the required recommended maximum student to school-based mental health services provider ratios. The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department.
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