Sec. 5. Student mental health
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In this subsection: The term eligible school means a school in which the lowest grade at the school is not lower than grade 6 and the highest grade at the school is not higher than grade 12. The term Secretary means the Secretary of Education. From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 note), $10,000,000,000 shall be transferred to establish the Student Access to Mental Health Program Fund , to remain available through September 30, 2032.
The Secretary shall use amounts available in such Fund to award grants to States, from allocations under subparagraph (B), to enable the States to support the salary of a mental health professional in eligible schools located in the State. From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. A State awarded a grant under this subsection shall comply with the following:
The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. The State shall expend non-Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment.
A State awarded a grant under this subsection shall require that each eligible school served by the grant— provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; not teach Critical Race Theory or include Critical Race Theory in any school program; and not advocate for abortion or abortion services in any form.
The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) shall be transferred to, and evenly divided among, the following programs: Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services.
Children’s Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. In this subsection, the terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to— develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and disseminate the best practices developed under subparagraphs
(A)and
(B)to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. In this subsection, the terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
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