---
kind: "section"
citation: "42 U.S.C. § 290bb–39a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290bb–39a"
heading: "Best practices for behavioral and mental health intervention teams"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290bb-39a"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part B — Centers and Programs"
  - "Subpart 3 — center for mental health services"
---

# §290bb–39a. Best practices for behavioral and mental health intervention teams

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use, and in consultation with the [Secretary](/usc/42/201.md?p=c) of Education, shall submit to the Health Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best [practices](/usc/42/17061.md?p=19) related to using behavioral and mental health intervention teams, which may be used to assist elementary [schools](/usc/42/300j–21.md?p=6), secondary [schools](/usc/42/300j–21.md?p=6), and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at [school](/usc/42/300j–21.md?p=6) or who are at risk of harm to self or others.
- (b) **Elements—** The report under [subsection (a)](#a) shall assess evidence supporting such best [practices](/usc/42/17061.md?p=19) and, as appropriate, include consideration of the following:
  - (1) How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals.
  - (2) The use of behavioral and mental health intervention teams—
    - (A) to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm to self or others; and
    - (B) to implement evidence-based interventions to meet the behavioral and mental health needs of such students.
  - (3) How behavioral and mental health intervention teams can—
    - (A) access evidence-based professional development to support students described in [paragraph (2)(A)](#b-2-A); and
    - (B) ensure that such teams—
      - (i) are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and
      - (ii) use cross validation by a wide-range of individual perspectives on the team.
  - (4) How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health [services](/usc/42/201.md?p=a) or law enforcement by implementing evidence-based interventions that meet student needs.
- (c) **Consultation—** In carrying out [subsection (a)](#a), the [Secretary](/usc/42/201.md?p=c) shall consult with—
  - (1) the [Secretary](/usc/42/201.md?p=c) of Education;
  - (2) the [Director](/usc/42/11851.md?p=5) of the National Threat Assessment Center of the United States Secret [Service](/usc/42/201.md?p=a);
  - (3) the Attorney General;
  - (4) teachers (which shall include special education teachers), principals and other [school](/usc/42/300j–21.md?p=6) leaders, [school](/usc/42/300j–21.md?p=6) board members, behavioral and mental health professionals (including [school](/usc/42/300j–21.md?p=6)-based mental health professionals), and parents of students;
  - (5) local law enforcement [agencies](/usc/42/8262.md?p=1) and campus law enforcement [administrators](/usc/42/4005.md?p=1);
  - (6) privacy, disability, and civil rights experts; and
  - (7) other education and mental health professionals as the [Secretary](/usc/42/201.md?p=c) deems appropriate.
- (d) **Publication—** The [Secretary](/usc/42/201.md?p=c) shall publish the report under [subsection (a)](#a) in an accessible format on the internet website of the Department of Health and Human [Services](/usc/42/201.md?p=a).
- (e) **Definitions—** In this section:
  - (1) The term “behavioral and mental health intervention team” means a multidisciplinary team of trained individuals who—
    - (A) are trained to identify and assess the behavioral health needs of children and youth and who are responsible for identifying, supporting, and connecting students exhibiting behaviors interfering with learning at [school](/usc/42/300j–21.md?p=6), or who are at risk of harm to self or others, with appropriate behavioral health [services](/usc/42/201.md?p=a); and
    - (B) develop and facilitate implementation of evidence-based interventions to—
      - (i) mitigate the threat of harm to self or others posed by a student described in [subparagraph (A)](#e-1-A);
      - (ii) meet the mental and behavioral health needs of such students; and
      - (iii) support positive, safe, and supportive learning environments.
  - (2) The terms “elementary [school](/usc/42/300j–21.md?p=6)”, “parent”, and “secondary [school](/usc/42/300j–21.md?p=6)” have the meanings given to such terms in [section 7801 of title 20](/usc/20/7801.md).
  - (3) The term “[institution of higher education](/usc/42/11851.md?p=7)” has the meaning given to such term in [section 1002 of title 20](/usc/20/1002.md).

## Source credit

(July 1, 1944, ch. 373, title V, § 520H–1, as added Pub. L. 117–328, div. FF, title I, § 1404, Dec. 29, 2022, 136 Stat. 5700.)