H.R. 7780 — what changed
Mental Health Matters Act
From Introduced in House to Reported in House. 7 sections amended between Introduced in House and Reported in House.
Sec. 102 Identification of effective interventions in Head Start programs
Interventions that improve social-Emotional and behavioral health of children—
In general— The Secretary of Health and Human Services acting through the Assistant Secretary for the Administration for Children and Families (in this section referred to as the “Secretary”) shall identify and review interventions, best practices, curricula, and staff trainings—
that improve the behavioral health of children; and
that are evidence based.
Focus— In carrying out paragraph (1), the Secretary shall focus on interventions, best practices, curricula, and staff trainings that—
can be delivered by a provider or other staff member in or associated with a Head Start program or Early Head Start center;
are demonstrated to improve or support healthy social, emotional, or cognitive development for children in Head Start or Early Head Start programs, with an empirical or theoretical relationship to later mental health or substance abuse outcomes;
involve changes to center-wide policies or practices, or other services and supports offered in conjunction with Head Start programs or Early Head Start centers, including services provided to adults or families (with or without a child present) for the benefit of the children;
demonstrate effectiveness across racial, ethnic, and geographic populations or demonstrate the capacity to be adapted to be effective across populations;
offer a tiered approach to addressing need, including—
universal interventions for all children;
selected prevention for children demonstrating increased need; and
indicated prevention for children demonstrating substantial need;
incorporate trauma-informed care approaches; or
have a proven record of improving early childhood and social emotional development.
Interventions that support staff wellness— In carrying out subsection (a), the Secretary shall identify and review interventions, best practices, curricula, and staff trainings that support staff wellness and self-care.
Credentials— In carrying out subsections (a) and (b), the Secretary, in consultation with relevant experts, shall determine the appropriate credentials for individuals who deliver the interventions, best practices, curricula, and staff trainings identified by the Secretary.
Consultation; public input— In carrying out this section, the Secretary shall—
consult with relevant agencies, experts, academics, think tanks, and nonprofit organizations with expertise in early childhood, mental health, and trauma-informed care, including the National Institute of Mental Health, the Administration for Children and Families, the Substance Abuse and Mental Health Services Administration, the Institute of Education Sciences, and the Centers for Disease Control and Prevention; and
solicit public input on—
the design of the reviews under subsections (a) and (b); and
the findings and conclusions resulting from such reviews.
Timing— The Secretary shall—
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complete the initial reviews required by subsections (a) and (b) not later than 1 year 2 years after the date of enactment of this Act; and
update such reviews and the findings and conclusions therefrom at least every 5 years.
Reporting— Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit a report to the Congress on the results of implementing this section.
Sec. 104 Evaluating implementation of interventions in Head Start programs
In general— The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation and in coordination with the Assistant Secretary for the Administration for Children and Families, shall—
determine whether the interventions, best practices, curricula, and staff trainings implemented pursuant to section 103—
are effectively implemented pursuant to section 103 and other relevant provisions of law such that the anticipated effect sizes of the interventions, best practices, curricula, and staff trainings are achieved; and
yield long-term savings;
develop a method for making the determination required by paragraph (1);
ensure that such method includes competency and testing approaches, performance or outcome measures, or any other methods deemed appropriate by the Assistant Secretary, taking into consideration existing monitoring components of the Head Start and Early Head Start programs; and
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the Assistant Secretaries shall solicit public input on the design, findings, and conclusions of this process and shall consider whether updates are necessary at least every 5 years.
Process— In carrying out subsection (a), the Secretary of Health and Human Services shall—
conduct any research and evaluation studies needed; and
solicit public input on—
the design of the method developed pursuant to subsection (a)(2); and
the resulting findings and conclusions.
Timing— The Secretary of Health and Human Services shall—
develop the method required by subsection (a)(2) and make the initial determination required by subsection (a)(1) not later than 2 years after the date of enactment of this Act; and
update such method and determination at least every 5 years.
Sec. 202 Definitions
In this title:
Best practices— The term best practices means a technique or methodology that, through experience and research related to professional practice in a school-based mental health field, has proven to reliably lead to a desired result.
Eligible institution— The term eligible institution means an institution of higher education that offers a program of study that leads to a master's or other graduate degree—
in school psychology that prepares students in such program for the State licensing or certification examination in school psychology;
in school counseling that prepares students in such program for the State licensing or certification examination in school counseling;
in school social work that prepares students in such program for the State licensing or certification examination in school social work;
in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or
in any combination of study described in subparagraphs (A) through (D).
Eligible partnership— The term eligible partnership means—
a partnership between 1 or more high-need local educational agencies and 1 or more eligible institutions; or
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in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more high-need local educational agencies, and 1 or more eligible graduate institutions.
High-need local educational agency— The term high-need local educational agency means a local educational agency that—
is described in section 200(10) of the Higher Education Act of 1965 (20 U.S.C. 1021(10)); and
as of the date of application for a grant under this title, has ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 250 students, not more than 1 school psychologist per 500 students, and not more than 1 school social worker per 250 students.
Historically Black college or university— The term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
Homeless children and youths— The term “homeless children and youths” has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
Indian tribe; Tribal organization— In this section the terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
Institution of higher education— The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Local educational agency— The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Minority-serving institution— The term “minority-serving institution” means, as defined in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), a Hispanic-serving institution, an Alaska Native-serving institution or a Native Hawaiian-serving institution, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution.
Outlying area— The term “outlying area” has the meaning given the term in section 8101(36)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(A)).
Participating eligible institution— The term participating eligible institution means an eligible institution that is part of an eligible partnership awarded a grant under section 203.
Participating graduate— The term participating graduate means an individual who—
has received a master’s or other graduate degree in a school-based mental health field from a participating eligible institution and has obtained a State license or credential in the school-based mental health field; and
as a graduate student pursuing a career in a school-based mental health field, was placed in a school served by a participating high-need local educational agency to complete required field work, credit hours, internships, or related training as applicable.
Participating high-need local educational agency— The term participating high-need local educational agency means a high-need local educational agency that is part of an eligible partnership awarded a grant under section 203.
School-based mental health field— The term school-based mental health field means each of the following fields:
School counseling.
School social work.
School psychology.
Any other field of study that leads to employment as a school-based mental health services provider.
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).
Secretary— The term Secretary means the Secretary of Education.
State educational agency— The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Student support personnel target ratios— The term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students, including—
at least 1 school counselor for every 250 students (as recommended by the American School Counselor Association and American Counseling Association);
at least 1 school psychologist for every 500 students (as recommended by the National Association of School Psychologists); and
at least 1 school social worker for every 250 students (as recommended by the School Social Work Association of America).
Tribally controlled college or university— The term “tribally controlled college or university” has the meaning given such term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801).
Unaccompanied youth— The term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
Sec. 203 Grant program to increase the number of school-based mental health services providers serving in high-need local educational agencies
Authorization of grants—
Grant program authorized— From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by high-need local educational agencies by carrying out any of the activities described in subsection (e).
Reservations— From the total amount appropriated under subsection (j) for a fiscal year, the Secretary shall reserve—
one-half of 1 percent for the Secretary of the Interior to carry out programs under this title in schools operated or funded by the Bureau of Indian Education, Indian tribes and tribal organizations, or a consortium of Indian tribes and tribal organizations;
one-half of 1 percent for allotments to outlying areas based on the relative need of each such area with respect to mental health services in schools, as determined by the Secretary in accordance with the purpose of this title;
not more than 3 percent to conduct the evaluations under subsection (h); and
not more than 2 percent for the administration of the program under this title and to provide technical assistance relating to such program.
Grant period— 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, as determined by the Secretary.
Application— To be eligible to receive a grant under this section, an eligible partnership shall submit to the Secretary a grant application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, such application shall include—
an assessment of the existing (as of the date of application) ratios of school-based mental health services providers (in the aggregate and disaggregated by profession) to students enrolled in schools in each high-need local educational agency that is part of the eligible partnership; and
a detailed description of—
a plan to carry out a pipeline program to train, place, and retain school-based mental health services providers in high-need local educational agencies; and
the proposed allocation and use of grant funds to carry out activities described in subsection (e).
Award basis— In awarding grants under this section, the Secretary shall—
ensure that to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas; and
give priority to eligible partnerships that—
propose to use the grant funds to carry out the activities described under paragraphs (1) through (3) of subsection (e) in schools that have higher numbers or percentages of low-income students (determined using any of the measures of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5))), in comparison to other schools that are served by the high-need local educational agency that is part of the eligible partnership;
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include 1 or more high-need local educational agencies that have fewer school-based mental health services providers, in the aggregate or for a particular school-based mental health field, per student than other eligible partnerships;partnerships that have submitted a grant application under subsection (c);
include 1 or more eligible institutions of higher education which are a historically Black college or university, a minority-serving institution, or a tribally controlled college or university;
propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs; and
propose to use grant funds to increase the diversity of school-based mental health services providers.
Use of grant funds— Grant funds awarded under this section may be used—
to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to—
having graduate students of programs in school-based mental health fields placed in schools served by participating high-need local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and
offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating high-need local educational agency;
for not more than the first 3 years after a participating graduate receives a master's or other graduate degree from a program in a school-based mental health field, or obtains a State license or credential in a school-based mental health field, to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating high-need local educational agency;
to increase the number of school-based mental health services providers per student in schools served by participating high-need local educational agencies, in order to meet the student support personnel target ratios;
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to recruit, hire, and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating low-income high-need local educational agencies;
to develop coursework that will—
encourage a commitment by graduate students in school-based mental health fields to work for high-need local educational agencies;
give participating graduates the knowledge and skill sets necessary to meet the needs of—
students and families served by high-need local educational agencies;
students at risk of not meeting State academic standards;
students who—
are English learners (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
are migratory children (as defined in section 1309 of such Act (20 U.S.C. 6399));
have a parent or caregiver who is a member of the armed forces, including the National Guard, who has been deployed or returned from deployment;
are LGBTQ+, including students who are lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, or Two-Spirit;
are homeless children and youth, including unaccompanied youth;
have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons;
are a child with a disability (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
have been a victim to, or witnessed, domestic violence or violence in their community;
have been exposed to substance misuse at home or in the community;
are in foster care, are aging out of foster care, or were formerly in foster care; or
have been a victim to or witnessed trafficking in persons; and
teachers, administrators, and other staff who work for high-need local educational agencies; and
utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists and other relevant organizations;
to provide tuition credits to graduate students participating in the pipeline program supported under the grant;
to fund high-quality “Grow Your Own” teacher preparation programs that provide pathways to State licensure or certification as a school psychologist, school counselor, school social worker, or other school-based mental services provider to recruit and prepare local community members, career changers, paraprofessionals, after-school program staff, and others currently working in schools to become school-based mental health services providers;
to cover the costs of licensure and preparation for required licensure exams; and
for similar activities to fulfill the purpose of this title, as the Secretary determines appropriate.
Supplement not supplant— Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds available for the activities described in subsection (e).
Reporting requirements—
In general— Each eligible partnership that receives a grant under this section shall prepare and submit to the Secretary an annual report on the progress of the eligible partnership in carrying out the grant. Such report shall contain such information as the Secretary may require, including, at a minimum, a description of—
actual service delivery provided through the grant funds, including—
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characteristics of descriptive information on the participating eligible graduate institution, including descriptive information on the educational model used used, and the actual academic program performance;
characteristics of graduate students participating in the pipeline program supported under the grant, including—
performance on any examinations required by the State for credentialing or licensing;
demographic characteristics; and
graduate student retention rates;
characteristics of students of the participating high-need local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and graduation rates, as appropriate;
an estimate of the annual implementation costs of the pipeline program supported under the grant; and
the number of public elementary and secondary school students, public elementary and secondary schools, graduate students, and institutions of higher education participating in the pipeline program supported under the grant;
outcomes that are consistent with the purpose of the grant program under this title, including—
internship and post-graduation placement of the participating graduate students;
graduation and professional career readiness indicators; and
characteristics of the participating high-need local educational agency, including with respect to fully certified and effective teachers and school-based mental health services providers employed by such agency—
changes in the rate of hiring and retention of such teachers and providers (in the aggregate and disaggregated by each such profession); and
the demographics, including the race, ethnicity, and gender, of such teachers and providers.
the instruction, materials, and activities being funded under the grant; and
the effectiveness of any training and ongoing professional development provided—
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to students and faculty in the appropriate departments or schools of the participating eligible graduate institution;institution; and
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to the faculty, administration, teachers, paraprofessionals, school leaders, school-based mental health services providers, and staff other specialized instructional support personnel of the participating high-need local educational agency; andagency.
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to the broader community of providers of social, emotional, behavioral, and related support to students and to those individuals who train such providers.
Publication— The Secretary shall publish the annual reports submitted under paragraph (1) on the website of the Department of Education.
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Evaluations—Evaluation—
Interim evaluations— The Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (g) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress.
Final evaluation— The Secretary shall conduct a final evaluation to—
determine the effectiveness of the grant program in carrying out the purpose of this title; and
compare the relative effectiveness of each of the various activities described in subsection (e) for which grant funds may be used.
Report— Not earlier than 5 years, nor later than 6 years, after the date of enactment of this Act, the Secretary shall submit to the Congress a report containing—
the findings of the final evaluation conducted under subsection (h)(2); and
such recommendations as the Secretary considers appropriate.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2023 and each succeeding fiscal year.
Sec. 302 Definitions
In this title:
ESEA Definitions— The terms elementary school, local educational agency, 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).
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)).
added
Indian tribe; tribal organization— The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
renumbered
was (5)
Outlying area— The term “outlying area” means an outlying area specified in section 8101(36)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(A)).
renumbered
was (6)
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).
renumbered
was (7)
Secretary— The term Secretary means the Secretary of Education.
renumbered
was (8)
State— The term “State” means each of the 50 States, the District of Columbia, and Puerto Rico.
Sec. 402 Amendment to the SUPPORT for Patients and Communities Act
Section 7134 of the SUPPORT for Patients and Communities Act (42 U.S.C. 280h-7) is amended to read as follows:
“7134. Grants to improve trauma support services and mental health care for children and youth in educational settings
“(a) Authorization of grants
“(1) Grants, contracts, and cooperative agreements authorized—The Secretary, in coordination with the Secretary of Health and Human Services, is authorized to award grants to, or enter into contracts or cooperative agreements with, an eligible entity for the purpose of increasing student, teacher, school leader, and other school personnel access to evidence-based trauma support services and mental health services by developing innovative initiatives, activities, or programs to connect schools and local educational agencies, or tribal educational agencies, as applicable, with community trauma-informed support and mental health systems, including such systems under the Indian Health Service.
“(2) Reservations—From the total amount appropriated under subsection (l) for a fiscal year, the Secretary shall reserve—
“(A) not more than 3 percent to conduct the evaluation under subsection (f); and
“(B) not more than 2 percent for technical assistance and administration.
“(b) Duration—With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 5 years.
“(c) Use of funds—An eligible entity that receives or enters into a grant, contract, or cooperative agreement under this section shall use amounts made available through such grant, contract, or cooperative agreement for evidence-based initiatives, activities, or programs, which shall include at least 1 of the following:
“(1) Enhancing, improving, or developing collaborative efforts between schools, local educational agencies or tribal educational agencies, as applicable, and community mental health and trauma-informed service delivery systems to provide, develop, or improve prevention, referral, treatment, and support services to students.
changed “(2) Implementing trauma-informed models of support, including trauma-informed, positive behavioral interventions and supports in schools served by the eligible entity.
“(3) Providing professional development to teachers, paraprofessionals, school leaders, school-based mental health services providers, and other specialized instructional support personnel employed by local educational agencies or tribal educational agencies, as applicable or schools served by the eligible entity that—
“(A) fosters safe and stable learning environments that prevent and mitigate the effects of trauma, including through social and emotional learning;
“(B) improves school capacity to identify, refer, and provide services to students in need of trauma-informed support or mental health services, including by helping educators to identify the unique personal and contextual variables that influence the manifestation of trauma; and
“(C) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care (as established by section 7132).
“(4) Providing trauma-informed support services and mental health services to students at full-service community schools served by the eligible entity.
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“(5) Engaging families and communities to increase awareness of child and youth trauma, which may include sharing best practices with law enforcement regarding trauma-informed services and working with mental health professionals to provide interventions and longer term coordinated care within the community for children and youth who have experienced trauma and the families of such children and youth.
“(6) Evaluating the effectiveness of the initiatives, activities, or programs carried out under this section in increasing student access to evidence-based trauma support services and mental health services.
“(7) Establishing partnerships with or providing subgrants to early childhood education programs or other eligible entities, to include such entities in the evidence-based trauma-informed or mental health initiatives, activities, and support services established under this section in order to provide, develop, or improve prevention, referral, treatment, and support services to children and their families.
“(8) Establishing new, or enhancing existing, evidence-based educational, awareness, and prevention programs to improve mental health and resiliency among teachers, paraprofessionals, school leaders, school-based mental health services providers, and other specialized instructional support personnel employed by local educational agencies or tribal educational agencies, as applicable, or schools served by the eligible entity.
“(d) Applications—To be eligible to receive a grant, contract, or cooperative agreement under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include the following:
“(1) A description of the innovative initiatives, activities, or programs to be funded under the grant, contract, or cooperative agreement, including how such initiatives, activities, or programs will increase access to evidence-based trauma-informed support services and mental health services for students, and, as applicable, the families of such students.
“(2) A description of how the initiatives, activities, or programs will provide linguistically appropriate and culturally competent services.
“(3) A description of how the initiatives, activities, or programs will support schools served by the eligible entity in improving school climate in order to support an environment conducive to learning.
“(4) An assurance that—
“(A) persons providing services under the initiative, activity, or program funded by the grant, contract, or cooperative agreement are fully licensed or certified to provide such services;
“(B) teachers, school leaders, administrators, school-based mental health services providers and other specialized instructional support personnel, representatives of local Indian Tribes or tribal organizations as appropriate, other school personnel, individuals who have experience receiving mental health services as children, and parents of students participating in services under this section will be engaged and involved in the design and implementation of the services; and
“(C) the eligible entity will comply with the evaluation required under subsection (f).
“(5) A description of how the eligible entity will support and integrate existing school-based services at schools served by the eligible entity with the initiatives, activities, or programs funded under this section in order to provide trauma-informed support services or mental health services for students, as appropriate.
“(6) A description of how the eligible entity will incorporate peer support services into the initiatives, activities, or programs to be funded under this section.
“(7) A description of how the eligible entity will ensure that initiatives, activities, or programs funded under this section are accessible to and include students with disabilities.
“(8) An assurance that the eligible entity will establish a local interagency agreement under subsection (e) and comply with such agreement.
“(e) Interagency agreements
“(1) Local interagency agreements—In carrying out an evidence-based initiative, activity, or program described in subsection (c), an eligible entity that receives a grant, contract, or cooperative agreement under this section, or a designee of such entity, shall establish an interagency agreement between local educational agencies, agencies responsible for early childhood education programs, Head Start agencies (including Early Head Start agencies), juvenile justice authorities, mental health agencies, child welfare agencies, and other relevant agencies, authorities, or entities in the community that will be involved in the provision of services under such initiative, activity, or program.
“(2) Contents—The local interagency agreement required under paragraph (1) shall specify, with respect to each agency, authority, or entity that is a party to such agreement—
“(A) the financial responsibility for any services provided by such entity;
“(B) the conditions and terms of responsibility for such any services, including quality, accountability, and coordination of the services; and
“(C) the conditions and terms of reimbursement of such agencies, authorities, or entities, including procedures for dispute resolution.
“(f) Evaluation—The Secretary shall conduct a rigorous and independent evaluation of the initiatives, activities, and programs carried out by an eligible entity under this section and disseminate evidence-based practices regarding trauma-informed support services and mental health services.
“(g) Distribution of awards—The Secretary shall ensure that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the United States and among tribal, urban, suburban, and rural populations.
“(h) Rule of construction—Nothing in this section shall be construed—
“(1) to prohibit an entity involved with an initiative, activity, or program carried out under this section from reporting a crime that is committed by a student to appropriate authorities; or
“(2) to prevent Federal, State, local, and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal, State, local, and tribal law to crimes committed by a student.
“(i) Supplement, not supplant—Federal funds provided under this section shall be used to supplement, and not supplant, other Federal, State, or local funds available to carry out the initiatives, activities, and programs described in this section.
“(j) Consultation required—In awarding or entering into grants, contracts, and cooperative agreements under this section, the Secretary shall, in a timely manner, meaningfully consult with Indian Tribes, Regional Corporations, Native Hawaiian Educational Organizations, and their representatives to ensure notice of eligibility.
“(k) Definitions—In this section:
“(1) Early childhood education program—The term early childhood education program has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
“(2) Eligible entity—The term eligible entity means—
“(A) a State educational agency;
“(B) a local educational agency;
“(C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) or their tribal educational agency;
“(D) the Bureau of Indian Education;
“(E) a Regional Corporation;
“(F) a Native Hawaiian educational organization; and
“(G) State, Territory, and Tribal Lead Agencies administering the Child Care and Development Fund as described in section 658D(a) of the Child Care and Development Block Grant Act (42 U.S.C. 9858b(a)).
“(3) ESEA terms
“(A) The terms elementary school, evidence-based, local educational agency, paraprofessional, parent, professional development, school leader, secondary school, Secretary, specialized instructional support personnel, and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(B) The term full-service community school has the meaning given such term in section 4622 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7272).
“(C) The term Native Hawaiian educational organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).
“(D) 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) Regional corporation—The term Regional Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
“(5) School—The term school means a public elementary school or public secondary school.
“(l) Authorization of appropriations—There are authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2023 through 2027.”
Sec. 701 Short title
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This title may be cited as the “Employee and Retiree Access to Justice Act of 2022”.Act”.