Proposed Rule2022-16556
Proposed Priorities, Requirements, and Definitions-Mental Health Service Professional Demonstration Grant Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes priorities, requirements, and definitions under the Mental Health Service Professional Demonstration Grant Program, Assistance Listing Number 84.184X. We may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2022 and later years. We propose priorities, requirements, and definitions designed to provide competitive grants to support and demonstrate innovative partnerships to train school-based mental health services providers (as defined in section 4102 of the Elementary and Secondary Education Act of 1965, as amended (ESEA)) for employment in schools and local educational agencies (LEAs). The goal of the program is to increase the number of high-quality, trained providers to address the shortages of mental health services professionals in schools served by high-need LEAs.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 147 (Tuesday, August 2, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47159-47167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16556]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
RIN 1810-AB67
34 CFR Chapter II
[Docket ID ED-2022-OESE-0094]
Proposed Priorities, Requirements, and Definitions--Mental Health
Service Professional Demonstration Grant Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities, requirements, and definitions.
-----------------------------------------------------------------------
[[Page 47160]]
SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and definitions under the Mental Health Service
Professional Demonstration Grant Program, Assistance Listing Number
84.184X. We may use one or more of these priorities, requirements, and
definitions for competitions in fiscal year (FY) 2022 and later years.
We propose priorities, requirements, and definitions designed to
provide competitive grants to support and demonstrate innovative
partnerships to train school-based mental health services providers (as
defined in section 4102 of the Elementary and Secondary Education Act
of 1965, as amended (ESEA)) for employment in schools and local
educational agencies (LEAs). The goal of the program is to increase the
number of high-quality, trained providers to address the shortages of
mental health services professionals in schools served by high-need
LEAs.
DATES: We must receive your comments on or before September 1, 2022.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://regulations.gov">regulations.gov</a>, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments by fax or by email, or
comments submitted after the comment period closes. To ensure that the
Department does not receive duplicate copies, please submit your
comments only once. In addition, please include the Docket ID at the
top of your comments.
The Department strongly encourages you to submit any comments or
attachments in Microsoft Word format. If you must submit a comment in
Adobe Portable Document Format (PDF), the Department strongly
encourages you to convert the PDF to ``print-to-PDF'' format, or to use
some other commonly used searchable text format. Please do not submit
the PDF in a scanned format. Using a print-to-PDF format allows the
Department to electronically search and copy certain portions of your
submissions to assist in the rulemaking process.
<bullet> Federal eRulemaking Portal: Please go to
<a href="http://www.regulations.gov">www.regulations.gov</a> to submit your comments electronically. Information
on using Regulations.gov, including instructions for finding a rule on
the site and submitting comments, is available on the site under
``FAQ.''
Privacy Note: The Department's policy is to generally make comments
received from members of the public available for public viewing on the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore,
commenters should include in their comments only information about
themselves that they wish to make publicly available. Commenters should
not include in their comments any information that identifies other
individuals or that permits readers to identify other individuals. If,
for example, your comment describes an experience of someone other than
yourself, please do not identify that individual or include information
that would allow readers to identify that individual. The Department
will not make comments that contain personally identifiable information
(PII) about someone other than the commenter publicly available on
<a href="http://www.regulations.gov">www.regulations.gov</a> for privacy reasons. This may include comments
where the commenter refers to a third-party individual without using
their name if the Department determines that the comment provides
enough detail that could allow one or more readers to link the
information to the third party. If your comment refers to a third-party
individual, to help ensure that your comment is posted, please consider
submitting your comment anonymously to reduce the chance that
information in your comment about a third party could be linked to the
third party. The Department will also not make comments that contain
threats of harm to another person or to oneself available on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Earl Myers, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E244, Washington, DC 20202.
Telephone: (202) 453-6716. Email: <a href="/cdn-cgi/l/email-protection#763b131802171a583e13171a021e36131258111900"><span class="__cf_email__" data-cfemail="d39eb6bda7b2bffd9bb6b2bfa7bb93b6b7fdb4bca5">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities, requirements, and definitions. To ensure that
your comments have maximum effect in developing the notice of final
priorities, requirements, and definitions, we urge you to clearly
identify the specific section of the proposed priorities, requirements,
or definitions that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priorities, requirements, and definitions. Please let us know
of any further ways we could reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priorities, requirements, and definitions
by accessing Regulations.gov. You may also inspect the comments in
person. Please contact the person listed under FOR FURTHER INFORMATION
CONTACT to make arrangements to inspect the comments in person.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priorities, requirements, and
definitions. If you want to schedule an appointment for this type of
accommodation or auxiliary aid, please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The Mental Health Service Professional
Demonstration Grant Program provides competitive grants to support and
demonstrate innovative partnerships to train school-based mental health
services providers for employment in schools and LEAs. The goal of this
program is to increase the number of high-quality, trained providers to
address the shortages of mental health services professionals in
schools served by high-need LEAs. The partnerships must include (1) one
or more high-need LEAs or a State educational agency (SEA) on behalf of
one or more high-need LEAs; and (2) one or more eligible institutions
of higher education (IHE). Partnerships must provide opportunities to
place postsecondary graduate students in school-based mental health
fields into high-need schools served by the participating high-need
LEAs to complete required field work, credit hours, internships, or
related training, as applicable, for the degree, license, or credential
program of each student. In addition to the placement of graduate
students, grantees may also develop mental health career pathways as
early as secondary school, through career and technical education
opportunities, or through paraprofessional support degree programs at
local community or technical colleges.
Program Authority: Section 4631(a)(1)(B) of the Elementary and
[[Page 47161]]
Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7281).
Proposed Priorities
This document contains three proposed priorities. We may apply one
or more of these priorities in any year in which this program is in
effect.
Background:
Like good physical health, positive mental health promotes success
in life. As defined by the Centers for Disease Control and Prevention
(CDC), ``Mental health includes our emotional, psychological, and
social well-being. It affects how we think, feel, and act. It also
helps determine how we handle stress, relate to others, and make
healthy choices. Mental health is important at every stage of life,
from childhood and adolescence through adulthood.'' \1\
---------------------------------------------------------------------------
\1\ Centers for Disease Control and Prevention. <a href="https://www.cdc.gov/mentalhealth/learn/index.htm">https://www.cdc.gov/mentalhealth/learn/index.htm</a>. Accessed on June 29, 2022.
---------------------------------------------------------------------------
Support for the mental health of children and youth advances
educational opportunities by creating conditions where students can
fully engage in learning. The Novel Coronavirus Disease 2019 (COVID-19)
pandemic presented additional challenges to the well-being of children
and youth. The disruption to routines, relationships, and the learning
environment has led to increased stress and trauma, social isolation,
and anxiety that can have both immediate and long-term adverse impacts
on the physical, social, emotional, and academic well-being of children
and youth.\2\ These challenges have only exacerbated existing
challenges facing children and youth and have heightened the need to
increase access to qualified school-based mental health services
providers.
---------------------------------------------------------------------------
\2\ ``Fact Sheet: President Biden to Announce Strategy to
Address Our National Mental Health Crisis, As Part of Unity Agenda
in his First State of the Union.'' The White House. <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/01/fact-sheet-president-biden-to-announce-strategy-to-address-our-national-mental-health-crisis-as-part-of-unity-agenda-in-his-first-state-of-the-union/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/01/fact-sheet-president-biden-to-announce-strategy-to-address-our-national-mental-health-crisis-as-part-of-unity-agenda-in-his-first-state-of-the-union/</a>. Accessed June 29, 2022.
---------------------------------------------------------------------------
The Mental Health Service Professional Demonstration Grant program
is designed to address several barriers to increasing mental health
support for children and youth in our schools. First, there is a
significant shortage of qualified school-based mental health services
providers in all types of schools, whether urban, rural, or suburban,
or elementary, middle, or high schools. Qualified professionals may
need training and skill sets that include the capacity to conduct
behavioral health assessments, identify youth who may need additional
supports or pose a serious threat to themselves or others, and provide
evidence-based interventions, particularly related to trauma- and
grief-informed care. Qualified providers may also need to assist in the
development of school environments and activities that promote
behavioral wellness and foster resilience. According to recent national
data, the ratios of students to providers are significantly greater
than what experts recommend:
(1) The student-to-counselor ratio is 415:1, compared to the
recommended ratio of 250:1 by the American School Counselor
Association; \3\ and
---------------------------------------------------------------------------
\3\ ``School Counselor Roles and Ratios.'' American School
Counselor Association Home Page. <a href="https://www.schoolcounselor.org/About-School-Counseling/School-Counselor-Roles-Ratios">https://www.schoolcounselor.org/About-School-Counseling/School-Counselor-Roles-Ratios</a>. Accessed June
29, 2022.
---------------------------------------------------------------------------
(2) The student-to-psychologist ratio is estimated at 1211:1, with
some States approaching a ratio of 5000:1, compared to the recommended
ratio of 500:1 for providing comprehensive school psychological
services by the National Association of School Psychologists.\4\
---------------------------------------------------------------------------
\4\ ``Research Summary: Shortages in School Psychology.''
National Association of School Psychologists. <a href="https://www.nasponline.org/research-and-policy/policy-priorities/critical-policy-issues/shortage-of-school-psychologists">https://www.nasponline.org/research-and-policy/policy-priorities/critical-policy-issues/shortage-of-school-psychologists</a>. Accessed March 28,
2022.
---------------------------------------------------------------------------
Second, in mental health services provider preparation and
professional development programs, there is a need to expand
pedagogical practices that prepare providers to create culturally and
linguistically inclusive and identity-safe environments for students
when providing services. In particular, the public stigmatization
associated with mental health care, which can lead to fewer children
and adolescents being willing to access care even when it is available,
makes inclusive service environments even more important for
underserved groups.\5\
---------------------------------------------------------------------------
\5\ ``Protecting Youth Mental Health'' <a href="https://www.hhs.gov/sites/default/files/surgeon-general-youth-mental-health-advisory.pdf">https://www.hhs.gov/sites/default/files/surgeon-general-youth-mental-health-advisory.pdf</a>. U.S. Surgeon General's Advisory. Accessed June 17,
2022.
---------------------------------------------------------------------------
Third, there is a need for greater diversity in the profession,
including more school-based mental health services providers from
diverse backgrounds or from the communities they serve.\6\ Like the
inclusive pedagogical practices described above, diversifying the
pipeline of candidates is critical to improving access to and
utilization of services for all students.
---------------------------------------------------------------------------
\6\ ''Demographics of the U.S. Psychology Workforce'' <a href="https://www.apa.org/workforce/data-tools/demographics">https://www.apa.org/workforce/data-tools/demographics</a>. American
Psychological Association. Accessed July 13, 2022.
---------------------------------------------------------------------------
In response to these barriers, the Department is proposing three
priorities for the Mental Health Service Professional Demonstration
Grant Program that aim to increase the number of school based mental
health services providers, increase the number of providers from
diverse backgrounds or from the communities they serve, and ensure that
all providers are trained in inclusive practices, including supporting
providers in ensuring access to services for children and youth who are
English learners. Additionally, the Department proposes application
requirements for the program, one of which requires applicants to
describe how they will leverage available Federal, State, and local
resources to achieve project goals and objectives. Specifically, the
Department encourages applicants to utilize the American Rescue Plan's
(ARP's) historic investment in children and youth by using available
ARP funds in conjunction with other Federal, State, and local funds and
Mental Health Service Professional Demonstration Grant Program funds to
make investments that will create permanent support for an adequate
pipeline of trained and diverse providers well beyond the life of the
project.
In addition to the competition under the Mental Health Service
Professional Demonstration Grant Program described in this document,
the Department is conducting a second grant competition this fiscal
year also focused on school-based mental health services providers. The
School-Based Mental Health Services Grant (SBMH) program provides
competitive grants to SEAs, LEAs, and consortia of LEAs to increase the
number of qualified mental health services providers providing school-
based mental health services to students in LEAs with demonstrated
need. For more information about the SBMH program, visit the
Department's website at: <a href="https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/school-based-mental-health-services-grant-program/">https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/school-based-mental-health-services-grant-program/</a>. Together these two programs are intended to provide
timely and necessary support to LEAs by increasing the number of
school-based mental health services providers.
Proposed Priorities:
Proposed Priority 1--Expand Capacity of High-need LEAs.
Projects that propose to expand the capacity of high-need LEAs (as
defined in this notice) in partnership with IHEs to train school-based
mental health services providers (as defined in this notice), with the
goal of expanding the number of these professionals available to
address the shortages of school-based mental health services providers
in high-need schools.
To meet this priority, the applicant must propose a school-based
mental health partnership (as defined in this
[[Page 47162]]
notice) to place the IHE's graduate students in mental health services
fields into schools served by the participating high-need LEAs for the
purpose of completing required field work, credit hours, internships,
or related training as applicable for their degree, license, or
credential program.
Proposed Priority 2--Increase the Number of Qualified School-Based
Mental Health Services Providers in High-Need LEAs Who Are from Diverse
Backgrounds or from communities Served by the High-Need LEAs.
Projects that propose to increase the number of qualified school-
based mental health services providers in high-need LEAs who are from
diverse backgrounds or who are from communities served by the high-need
LEAs.\7\
---------------------------------------------------------------------------
\7\ All strategies to increase the diversity of providers must
comply with applicable Federal civil rights laws, including Title VI
of the Civil Rights Act of 1964.
---------------------------------------------------------------------------
Applicants must describe how their proposal to increase the number
of school-based mental health services providers who are from diverse
backgrounds or who are from the communities served by the high-need LEA
will help increase access to mental health services for students within
the high-need LEA and best meet the mental health needs of the diverse
populations of students to be served.
Proposed Priority 3--Promote Inclusive Practices.
Projects that propose to provide pedagogical practices in mental
health services provider preparation programs or professional
development programs that are inclusive with regard to race, ethnicity,
culture, language, disability, and for students who identify as
LGBTQI+, and that prepare school-based mental health services providers
to create culturally and linguistically inclusive and identity-safe \8\
environments for students when providing services.
---------------------------------------------------------------------------
\8\ An identity-safe enviornment is a place where every student
feels physically and emotionally safe. Perceptions of safety often
differ across different groups of students, and each intervention
and support measure should be designed to ensure the safety and
belonging of all students.
---------------------------------------------------------------------------
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Requirements
The Department proposes the following program requirement and
application requirements for this program. We may apply one or more of
these requirements in any year in which the program is in effect.
Proposed Program Requirement:
Eligible Applicants:
Eligible applicants for this program are high-need LEAs, SEAs on
behalf of one or more high-need LEAs, and IHEs. High-need LEA
applicants and SEA applicants on behalf of one or more high-need LEAs
must propose to work in partnership with an eligible institution of
higher education (eligible IHE), which may include institutions that
serve diverse learners such as partnerships with a Historically Black
College or University, Tribal College or University, and other Minority
Serving Institutions. Eligible IHE applicants must propose to work in
partnership with one or more high-need LEAs or an SEA.
Proposed Application Requirements:
(a) Identification of schools to be served by the proposed project.
Applicants must identify or describe how they will identify the
high-need schools to be served in each high-need LEA that is part of
the school-based mental health partnership.
(b) A description of the nature and magnitude of the problem.
Applicants must describe how the lack of school-based mental health
services providers is specifically affecting students in the high-need
schools to be served by project activities. Applicants must describe
the nature of the problem for the LEA, based on information including,
but not limited to, the most recent available ratios of school-based
mental health services providers to students enrolled in the schools in
each high-need LEA that is part of the school-based mental health
partnership (in the aggregate and disaggregated by profession (e.g.,
social workers, school psychologists)). The description may also
include LEA and school-level demographic data, including chronic
absenteeism and discipline data, school climate surveys, school
violence/crime data, data related to suicide rates, and descriptions of
barriers to hiring and retaining services providers in the LEA.
(c) A plan to enhance LEA capacity to provide mental health
services to students.
Applicants must describe the specific activities they will conduct
to expand and improve LEA capacity to provide mental health services to
students in high-need LEAs and ensure that students receive
appropriate, evidence-based (as defined in section 8101 of the ESEA),
and culturally and linguistically inclusive mental health services. To
meet this requirement, the applicant must propose a school-based mental
health partnership (as defined in this notice) established for the
purpose of placing the IHE's graduate students in school-based mental
health fields into high-need schools served by the participating high-
need LEAs to complete required field work, credit hours, internships,
or related training as applicable for the degree, license, or
credential program of each student. If the applicant intends to
establish a program that directly benefits an individual graduate
student, such as through a stipend or tuition credit, the applicant
must describe its approach to implementing a service obligation for
such graduate student as a school-based mental health services provider
in a high-need LEA commensurate with the level of support the graduate
student receives.
(d) A Memorandum of Understanding (MOU), a Memorandum of Agreement
(MOA), or Letter of Agreement between the LEA or SEA, and the IHE.
Applicants must include with their application an MOU, MOA, or
letter of agreement that is signed by the authorized representatives of
the LEA or SEA, and the IHE. The MOU, MOA, or letter of agreement must
provide details regarding the roles and responsibilities of each entity
in the partnership, to include a description of how the partnership
will place graduate students into high-need schools served by the
participating high-need LEAs to complete required field work, credit
hours, internships, or related training, as applicable, for the degree,
license, or credential program of each student. The MOU, MOA, or letter
of agreement must also include the estimated number of mental health
services providers that will be placed into employment in high-
[[Page 47163]]
need schools and high-need LEAs on an annual basis.
(e) A plan for collaboration and coordination with related Federal,
State, and local initiatives.
Applicants must propose a plan that describes one or more of the
following:
(1) How they will collaborate with at least one State and one local
professional organization (to include a regional professional
organization, if appropriate), such as a school social worker
association, school psychologist association, or school counselor
association;
(2) The activities to be carried out in coordination with regional
and local mental health, public health, child welfare, and other
community agencies, which may include school-based health centers, to
achieve the plan goals and objectives of establishing a pipeline
program to train and expand the capacity of school-based mental health
services providers in high-need LEAs;
(3) How they will leverage other available Federal, State, and
local resources to achieve project goals and objectives and sustain
investments beyond the life of the project. Applicants must identify
these other available resources and describe how they will be used to
promote success across programs; and
(4) How they will use the Mental Health Service Professional
Demonstration Grant Program funds to expand and enhance existing
efforts, or put in place new measures to increase the number of
qualified school-based mental health services providers to be employed
by eligible schools and LEAs qualified to provide school-based mental
health services.
Evidence of collaboration and coordination described in paragraphs
(e)(1) and (2) must be provided through letters of support or MOAs/MOUs
from State or local organizations or agencies, where applicable.
(f) A description of the process to identify students for mental
health services.
Applicants must describe the specific process and activities they
will use to ensure students in high-need LEAs who need school-based
mental health services are properly identified, assessed, and provided
the appropriate school-based mental health services. To meet this
requirement, applicants must also describe how they will ensure that
services are evidence-based and inclusive with regard to race,
ethnicity, culture, language, disability, and for students who identify
as LGBTQI+, and are accessible to all. Further, applicants must
describe how LEAs will engage parents and families for the purposes of
raising awareness about the availability of services and connecting
students to services.
Proposed Definitions
The Department proposes to establish definitions of ``eligible
institution of higher education,'' ``high-need LEA,'' ``high-need
school,'' ``school-based mental health partnership,'' and ``students/
children from low-income families,'' for use in this program. We may
apply the definitions in any year in which this program is in effect.
Eligible institution of higher education means an institution of
higher education that offers a program of study that leads to a
master's degree or other graduate degree--
(a) In school psychology that prepares students in such program for
the State licensing or certification examination in school-based
psychology;
(b) In school counseling that prepares students in such program for
the State licensing or certification examination in school counseling;
(c) In school social work that prepares students in such program
for the State licensing or certification examination in school social
work;
(d) In another school-based mental health field, including such
fields as behavioral health aides, school nurses, and clinical
psychologists employed by the schools or under contract with LEAs to
provide evaluations, if applicable, that prepares students in such
program for the State licensing or certification examination; or
(e) In any combination of study described in paragraphs (a) through
(d).
High-need LEA means a local educational agency--
(a)(1) For which at least 20 percent of the children served by the
agency are children from low-income background;
(2) That serves at least 10,000 children from low-income
backgrounds;
(3) That meets the eligibility requirements for funding under the
Small, Rural School Achievement Program under section 56211(b) of the
Elementary and Secondary Education Act of 1965; or
(4) That meets the eligibility requirements for funding under the
Rural and Low-Income School Program under section 56221(b) of the
Elementary and Secondary Education Act of 1965; and
(b) For which there is a high student to qualified mental health
services provider ratio as compared to other LEAs statewide or
nationally.
High-need school means a school that, based on the most recent data
available, meets at least one of the following:
(a) The school is in the highest quartile of all schools served by
an LEA ranked in descending order by percentage of students from low-
income families enrolled in such schools, as determined by the LEA
based on one of the following measures of poverty:
(1) The percentage of students aged 5 through 17 in poverty counted
in the most recent census data approved by the Secretary.
(2) The percentage of students eligible for a free or reduced-price
school lunch under the Richard B. Russell National School Lunch Act
based on the most recently available data.
(3) The percentage of students in families receiving assistance
under the State program funded under part A of title IV of the Social
Security Act.
(4) The percentage of students eligible to receive medical
assistance under the Medicaid program.
(5) A composite of two or more of the measures described in
paragraphs (a)(1) through (4).
(b) In the case of--
(1) An elementary school, the school serves students not less than
60 percent of whom are eligible for a free or reduced-price school
lunch under the Richard B. Russell National School Lunch Act based on
the most recently available data; or
(2) Any other school that is not an elementary school, the other
school serves students not less than 45 percent of whom are eligible
for a free or reduced-price school lunch under the Richard B. Russell
National School Lunch Act based on the most recently available data.
School-based mental health partnership means the formal
relationship, established for the purpose of training school-based
mental health services providers for employment in schools and LEAs,
between--
(a) One or more high-need LEAs or an SEA on behalf of one or more
high-need LEAs; and
(b) One or more eligible IHEs.
Students/children from low-income families means students whose
families meet any of the poverty thresholds established in section 1113
of the ESEA for the relevant grade level.
Final Priorities, Requirements, and Definitions:
We will announce the final priorities, requirements, and
definitions in a document published in the Federal Register. We will
determine the final priorities, requirements, and definitions after
considering responses to the proposed priorities, requirements, and
definitions and other information available to the Department. This
document does not preclude us from proposing additional priorities,
requirements, or definitions, subject to
[[Page 47164]]
meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use the priorities, requirements, and definitions,
we invite applications through a notice inviting applications in the
Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866
because it has an annual effect on the economy of more than $100
million. Approximately $145 million are available under this program
from fiscal year 2022 appropriations actions, and $100 million are
available each year from fiscal year 2023 to fiscal year 2026.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing the proposed priorities, requirements, and
definitions only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that would maximize net
benefits. Based on an analysis of anticipated costs and benefits, we
believe that the proposed priorities, requirements, and definitions are
consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with the Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Potential Costs and Benefits
The proposed priorities, requirements, and definitions are
necessary for the implementation of the Mental Health Service
Professional Demonstration Grant Program consistent with the
requirements established by Congress in the Department of Education
Appropriations Act, 2022, and the Explanatory Statement accompanying
that Act. It is important to note that implementation of the Mental
Health Service Professional Demonstration Grant Program would almost
exclusively confer benefits on the recipients of Federal funds subject
to the proposed priorities, requirements, and definitions, whose
voluntary participation in the Mental Health Service Professional
Demonstration Grant Program would entail minimal costs except for those
paid with Federal funds, and the Paperwork Reduction Act (PRA) section
of this document discusses the burden estimates for preparing an
application. This program was established under a statute with broad
authority and only non-binding report language establishing program
purpose, eligibility, or requirements; consequently, this rulemaking
action is necessary to ensure program funds are used for their intended
purpose. More specifically, the proposed priorities, requirements, and
definitions would ensure that the Department may collect from
applicants for Mental Health Service Professional Demonstration Grant
Program funding the information necessary for competitive review of
applications by peer reviewers, and to fund high-quality applications
that will lead to the implementation of projects consistent with
Congressional intent. Absent this rulemaking action, there is no
alternative means of meeting these objectives.
The specific benefits of establishing a menu of proposed priorities
include ensuring that funds are used consistent with Congressional
intent and providing flexibility to the Department for supporting
multiple strategies designed to address the shortage of mental health
services providers in schools. The first strategy, embedded in proposed
priority 1, is to focus grant activities on the expansion of school-
based mental health services providers on high-need LEAs. The
definition of high-need LEA, incorporated into these priorities, was
crafted to provide flexibility for an LEA to show need in various ways,
including through poverty rates or size. Although the total number of
LEAs is large (over 13,000 in school year 2018-19), the available
funding will only support a limited number of multi-year projects.
Absent the targeting of Mental Health Service Professional
Demonstration Grant Program funds to high-need LEAs, the program may
allocate scarce Federal resources to high-capacity LEAs that already
meet the mental health needs of
[[Page 47165]]
their students. Moreover, ensuring that funds are targeted to high-need
LEAs was a requirement of the fiscal year 2019 Mental Health Service
Professional Demonstration Grant Program competition, and Congress
directed the Department, through the Explanatory Statement accompanying
the Department of Education Appropriations Act, 2022, to incorporate
the same requirement into the fiscal year 2022 Mental Health Service
Professional Demonstration Grant Program competition.
Proposed priority 2 supports a strategy for expanding the workforce
of school-based mental health services providers. Currently, the
psychology \9\ and school counselor \10\ workforces are significantly
less diverse than the student population.\11\ Increasing the number of
qualified school-based mental health services providers who are from
diverse backgrounds and from communities served by the high-need LEAs,
and who can provide culturally and linguistically appropriate services,
would expand not only the numbers of these providers but also provide
better access to and improve the quality of mental health services
available to students. This priority has the additional benefit of
promoting equity for students, in keeping with the Administration's
agenda \12\ and the Department's mission to support equity and
excellence.
Proposed priority 3 seeks to increase the number of school-based
mental health services providers who can provide services that are
culturally and linguistically inclusive and identity-safe environments
for students. Given the diversity of the student population, every
school-based mental health services provider should be able to
implement inclusive practices and be able to provide services to any
and all students. This priority also supports the Administration's
equity agenda and the Department's mission to support equity and
excellence.
The Department believes that this proposed regulatory action would
not impose significant costs on eligible entities, whose participation
in our programs is voluntary, and whose costs can generally be covered
with grant funds. As a result, the proposed priorities, requirements,
and definitions would not impose a significant burden, except when an
entity voluntarily elects to apply for a grant. Moreover,the Department
believes the benefits associated with the grant application would
outweigh any associated costs.
The Paperwork Reduction Act (PRA) section of this document
discusses the burden estimates for preparing an application. The
potential benefits of receiving Federal funds under this program to
expand the pool of and hire school-based mental health services
providers will likely outweigh the application costs detailed in the
PRA section. The costs of implementing the requirements established in
this notice generally can be paid for with grant funds. Moreover, even
an unsuccessful applicant may benefit from the effort of preparing an
application, such as conducting deep data analysis about the needs in
their LEA or developing partnerships with IHEs that lead to other
projects.
Regulatory Alternatives Considered
The Department believes that the final priorities, requirements,
definitions, and selection criteria in this notice are needed to
administer the program effectively The priorities will enable the
Department to administer a competitive grant program consistent with
the intent of Congress as expressed in the Explanatory Statement
accompanying the Department of Education Appropriations Act, 2022 (Pub.
L. 117-103), which provided funding for the program in fiscal year
2022, and the Bipartisan Safer Communities Act (Pub. L. 117-159), which
provided additional funding for fiscal years 2022 through 2026.
Accounting Statement
As required by OMB Circular A-4 (available at <a href="http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulara004/a-4.pdf">www.whitehouse.gov/sites/default/files/omb/assets/omb/circulara004/a-4.pdf</a>), in the
following table we have prepared an accounting statement showing the
classification of the expenditures associated with the provisions of
this regulatory action. This table provides our best estimate of the
changes in annual monetized transfers as a result of this regulatory
action.
Expenditures are classified as transfers from the Federal
Government to LEAs and IHEs.
Accounting Statement Classification of Estimated Expenditures
[In millions]
------------------------------------------------------------------------
Transfers
Category -----------------------------------------
3% 7%
------------------------------------------------------------------------
Annualized monetized transfers $108.6 $108.6
-----------------------------------------
From whom to whom?............ From the Federal government to LEAs and
IHEs.
------------------------------------------------------------------------
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
---------------------------------------------------------------------------
\9\ <a href="https://www.apa.org/workforce/data-tools/demographics">https://www.apa.org/workforce/data-tools/demographics</a>.
\10\ <a href="https://www.schoolcounselor.org/getmedia/9c1d81ab-2484-4615-9dd7-d788a241beaf/member-demographics.pdf">https://www.schoolcounselor.org/getmedia/9c1d81ab-2484-4615-9dd7-d788a241beaf/member-demographics.pdf</a>.
\11\ <a href="https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment">https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment</a>.
\12\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/</a>.
---------------------------------------------------------------------------
The Secretary invites comments on how to make the proposed
priorities, requirements, and definitions easier to understand,
including answers to questions such as the following:
<bullet> Are the priorities, requirements, and definitions in the
proposed regulations clearly stated?
<bullet> Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
<bullet> Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
<bullet> Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
<bullet> Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
[[Page 47166]]
<bullet> What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make the
proposed priorities, requirements, and definitions easier to
understand, see the instructions in the ADDRESSES section.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed regulatory action would
not have a significant economic impact on a substantial number of small
entities. The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
The small entities that this proposed regulatory action would
affect are school districts and IHEs applying for and receiving funds
under this program. The Secretary believes that the costs imposed on
applicants by the proposed priorities, requirements, and definitions,
would be limited to paperwork burden related to preparing an
application and that the benefits of implementing these proposals would
outweigh any costs incurred by applicants.
Participation in this program is voluntary. For this reason, the
proposed priorities, requirements, and definitions would impose no
burden on small entities in general. Eligible applicants would
determine whether to apply for funds and have the opportunity to weigh
the requirements for preparing applications, and any associated costs,
against the likelihood of receiving funding and the requirements for
implementing projects under the program. Eligible applicants most
likely would apply only if they determine that the likely benefits
exceed the costs of preparing an application. The likely benefits
include the potential receipt of a grant as well as other benefits that
may accrue to an entity through its development of an application, such
as the use of that application to seek funding from other sources to
address a shortage in mental health providers.
Paperwork Reduction Act
As part of its continuing effort to reduce paperwork and respondent
burden, the Department provides the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.). This helps ensure that the public
understands the Department's collection instructions, respondents
provide the requested data in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the Department can properly assess the impact
of collection requirements on respondents.
The proposed priorities, requirements, and definitions contain
information collection requirements. Under the PRA the Department has
submitted these requirements to OMB for its review.
A Federal agency may not conduct or sponsor a collection of
information unless OMB approves the collection under the PRA and the
corresponding information collection instrument displays a currently
valid OMB control number. Notwithstanding any other provision of the
law, no person is required to comply with, or is subject to penalty for
failure to comply with, a collection of information if the collection
instrument does not display a currently valid OMB control number.
In the notice of final priorities, requirements, and definitions we
will display the control number assigned by OMB to any information
collection proposed in this document and adopted in the notice of final
priorities, requirements, and definitions.
For the years in which the Department holds a Mental Health Service
Professional Demonstration Grant Program competition, we estimate there
will be 500 applicants based on prior competitions for the program. We
estimate that it will take each applicant 40 hours to complete and
submit the application, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. The
total burden hour estimate for this collection is 20,000 hours. At
$95.46 per hour (using mean wages for Education and Childcare
Administrators \13\ and assuming the total cost of labor, including
benefits and overhead, is equal to 200 percent of the mean wage rate),
the total estimated cost for 500 applicants to complete the Mental
Health Service Professional Demonstration Grant Program application is
approximately $1,909,200.
---------------------------------------------------------------------------
\13\ See <a href="http://www.bls.gov/oes/current/oes_nat.htm">www.bls.gov/oes/current/oes_nat.htm</a>.
---------------------------------------------------------------------------
The Department is requesting paperwork clearance on the OMB 1810-
xxxx data collection associated with the proposed requirements. That
request will account for all burden hours and costs discussed within
this section.
Consistent with 5 CFR 1320.8(d), the Department is soliciting
comments on the information collection through this document. Between
30 and 60 days after publication of this document in the Federal
Register, OMB is required to make a decision concerning the collections
of information contained in these proposed priorities, requirements,
and definitions. Therefore, to ensure that OMB gives your comments full
consideration, it is important that OMB receives your comments on this
Information Collection Request by September 1, 2022.
Comments related to the information collection activities must be
submitted electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a> by selecting the Docket ID number ED-2022-OESE-0094
or via postal mail, commercial delivery, or hand delivery by
referencing the Docket ID number and the title of the information
collection request at the top of your comment. Comments submitted by
postal mail or delivery should be addressed to the PRA Coordinator of
the Strategic Collections and Clearance Governance and Strategy
Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room
6W208D, Washington, DC 20202-8240.
Note: The Office of Information and Regulatory Affairs and the
Department review all comments related to the information collection
activities posted at <a href="http://www.regulations.gov">www.regulations.gov</a>.
[[Page 47167]]
Collection of Information
----------------------------------------------------------------------------------------------------------------
Estimated Total Estimated cost
Information collection activity number of Hours per estimated at an hourly
responses response burden hours rate of $95.46
----------------------------------------------------------------------------------------------------------------
Mental Health Service Professional 500 40 20,000 $1,909,200
Demonstration Grant Program Application....
----------------------------------------------------------------------------------------------------------------
We consider your comments on this proposed collection of
information in--
<bullet> Deciding whether the proposed collection is necessary for
the proper performance of our functions, including whether the
information will have practical use;
<bullet> Evaluating the accuracy of our estimate of the burden of
the proposed collection, including the validity of our methodology and
assumptions;
<bullet> Enhancing the quality, usefulness, and clarity of the
information we collect; and
<bullet> Minimizing the burden on those who must respond. This
includes exploring the use of appropriate automated, electronic,
mechanical, or other technological collection techniques.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of the Department published in
the Federal Register, in text or Portable Document Format (PDF). To use
PDF you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of
Elementary and Secondary Education.
[FR Doc. 2022-16556 Filed 8-1-22; 8:45 am]
BILLING CODE 4000-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.