Proposed Rule2022-16557
Proposed Priorities, Requirements, and Definitions-School-Based Mental Health Services Grant Program
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Published
August 2, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes priorities, requirements, and definitions under the School-Based Mental Health Services Grant (SBMH) Program, Assistance Listing Number (ALN) 84.184H. These proposed priorities, requirements, and definitions are designed to direct funds to increase the number of qualified school-based mental health services providers (as defined in section 4102 of the Elementary and Secondary Education Act of 1965, as amended (ESEA)) in local educational agencies (LEAs) with demonstrated need (as defined in this document), in order to meet student mental health needs. We may use one or more of these priorities, requirements, and definitions in fiscal year (FY) 2023 and later years.
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[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47152-47159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16557]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2022-OESE-0080]
RIN 1810-AB68
Proposed Priorities, Requirements, and Definitions--School-Based
Mental Health Services Grant Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities, requirements, and definitions.
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SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and definitions under the School-Based Mental Health
Services Grant (SBMH) Program, Assistance Listing Number (ALN) 84.184H.
These proposed priorities, requirements, and definitions are designed
to direct funds to increase the number of qualified school-based mental
health services providers (as defined in section 4102 of the Elementary
and Secondary Education Act of 1965, as amended (ESEA)) in local
educational agencies (LEAs) with demonstrated need (as defined in this
document), in order to meet student mental health needs. We may use one
or more of these priorities, requirements, and definitions in fiscal
year (FY) 2023 and later years.
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://regulations.gov">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. Additionally, 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 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 make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Amy Banks, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E257, Washington, DC 20202.
Telephone: (202) 453-6704. Email: <a href="/cdn-cgi/l/email-protection#dcbdb1a5f2bebdb2b7af9cb9b8f2bbb3aa"><span class="__cf_email__" data-cfemail="8feee2f6a1edeee1e4fccfeaeba1e8e0f9">[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 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 these
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 Department's programs and activities. Please also
feel free to offer for our consideration any alternative approaches to
the subjects addressed by the proposed regulations.
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 SBMH Program provides competitive grants to
State educational agencies (SEAs) (as defined in section 8101 of the
ESEA), LEAs (as defined in section 8101 of the ESEA), and consortia of
LEAs to increase the number of qualified (i.e., licensed, certified, or
credentialed, each as defined in this document) mental health services
providers providing school-based mental health services to students in
LEAs with demonstrated need.
Program Authority: Section 4631(a)(1)(B) of the ESEA (20 U.S.C.
7281).
Proposed Priorities
This document contains four proposed priorities.
Background:
Like good physical health, positive mental health promotes success
in life. As defined by the Centers for Disease Control and Prevention
(CDC), ``[m]ental 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\
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\1\ <a href="https://www.cdc.gov/mentalhealth/learn/index.htm">https://www.cdc.gov/mentalhealth/learn/index.htm</a>.
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The Novel Coronavirus Disease 2019 (COVID-19) pandemic brought on
challenges for children and youth that impacted their overall
emotional, psychological, and social well-being and their ability to
fully engage in learning. The disruptions in routines, relationships,
and the learning environment have led to increased stress and trauma,
social isolation, and anxiety. More than half of parents express
concern over their children's
[[Page 47153]]
mental well-being.\2\ Moreover, survey data suggests that this crisis
began long before the arrival of COVID-19. In 2019, one in three high
school students and half of female students reported persistent
feelings of sadness or hopelessness, an overall increase of 40 percent
from 2009.\3\ Emergency department visits for attempted suicide have
risen 51 percent among adolescent girls.\4\ The need for mental health
services is particularly acute for our lesbian, gay, bisexual,
transgender, queer, and intersex (LGBTQI+) students. For example,
``[the] share of [lesbian, gay, and bisexual (LGB)] high schoolers who
said their mental health was not good most of the time or always during
the pandemic was more than double that of heterosexual students (64%
vs. 30%) . . . [and] about three-quarters of LGB high schoolers (76%)
said they felt sad or hopeless almost daily for at least two weeks such
that they stopped doing some of their usual activities, compared with
37% of heterosexual students.'' \5\
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\2\ <a href="https://www.psychiatry.org/newsroom/news-releases/new-apa-poll-shows-sustained-anxiety-among-americans-more-than-half-of-parents-are-concerned-about-the-mental-well-being-of-their-children">https://www.psychiatry.org/newsroom/news-releases/new-apa-poll-shows-sustained-anxiety-among-americans-more-than-half-of-parents-are-concerned-about-the-mental-well-being-of-their-children</a>.
\3\ <a href="https://www.cdc.gov/nchhstp/dear_colleague/2020/dcl-102320-YRBS-2009-2019-report.html">https://www.cdc.gov/nchhstp/dear_colleague/2020/dcl-102320-YRBS-2009-2019-report.html</a>.
\4\ <a href="https://www.nytimes.com/2021/12/07/science/pandemic-adolescents-depression-anxiety.html">https://www.nytimes.com/2021/12/07/science/pandemic-adolescents-depression-anxiety.html</a>.
\5\ <a href="https://www.pewresearch.org/fact-tank/2022/04/25/in-cdc-survey-37-of-u-s-high-school-students-report-regular-mental-health-struggles-during-covid-19/">https://www.pewresearch.org/fact-tank/2022/04/25/in-cdc-survey-37-of-u-s-high-school-students-report-regular-mental-health-struggles-during-covid-19/</a>.
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This program is designed to address several barriers to increasing
mental health support for children and youth in our schools. The first
barrier is a significant shortage of qualified mental health services
providers, including in schools.\6\ 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. Second, in mental health services provider
preparation and professional development programs, there is a lack of
pedagogical practices that prepare providers to create culturally and
linguistically inclusive and identity-safe environments. An identity-
safe environment is a place where every student feels physically and
emotionally safe. Perceptions of safety may differ across subgroups of
students, and each intervention and support measure should be designed
to ensure the safety and belonging of all students. Third, the public
stigmatization associated with mental health care, which often inhibits
children and adolescents from taking advantage of care even when it is
available, is compounded for underserved groups.\7\ Fourth, and related
to the second barrier, is the need for more mental health services
providers from diverse backgrounds, from the communities they serve,
and who can provide services in languages other than English.\8\
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\6\ <a href="https://www.edweek.org/leadership/school-counselors-and-psychologists-remain-scarce-even-as-needs-rise/2022/03">https://www.edweek.org/leadership/school-counselors-and-psychologists-remain-scarce-even-as-needs-rise/2022/03</a>.
\7\ <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>.
\8\ <a href="https://www.apa.org/workforce/data-tools/demographics">https://www.apa.org/workforce/data-tools/demographics</a>.
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In response to these barriers, the Department will make awards in
FY 2023 under two competitive grants programs that are designed to
increase the number of qualified school-based mental health services
providers--the SBMH Program (described in this document) and the Mental
Health Service Professional Demonstration Grant Program. The Mental
Health Service Professional Demonstration Grant Program provides
competitive grants to support and provide examples of effective
innovative partnerships to train school-based mental health services
providers for employment in schools and LEAs. For more information
about the Mental Health Service Professional Demonstration Grant
program competition, visit the Department's website at: <a href="https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/mental-health-service-professional-demonstration-grant-program/">https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/mental-health-service-professional-demonstration-grant-program/</a>.
Together these two programs are intended to provide timely and
necessary support to LEAs by increasing the number of qualified school-
based mental health services providers. We are proposing priorities,
requirements, and definitions for the Mental Health Service
Professional Demonstration Grant Program in a separate document
published in the Federal Register.
The priorities we propose in this document for the SBMH Program are
intended to address personnel shortages by (1) increasing recruitment
and retention-related incentives and (2) promoting the respecialization
and certification of existing mental health services providers to
qualify them for work in LEAs with demonstrated need. Additionally, the
Department proposes a priority that seeks to increase the diversity,
and cultural and linguistic competency, of school-based mental health
services providers, including competency in providing identity-safe
services, which the Department believes is essential to addressing the
mental health needs of all students.
The Department also is interested in applicants' demonstrated
capacity to increase access to and sustain school-based mental health
services beyond the period of Federal funding and support expanded
access to care by promoting the integration of mental health services
and supports into schools' in-person and telehealth services options.
The use of telehealth to address mental health and substance use needs
rose dramatically during the height of the pandemic and has remained
above pre-pandemic levels even where COVID-19 has waned. These
telehealth services have proven both safe and effective, while reducing
barriers to care.\9\ Telehealth services options also help to address
provider shortages in rural communities, in part by improving access to
mental health services providers in such communities.
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\9\ <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>.
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Additionally, the Department encourages applicants to plan for ways
they will leverage available Federal, State, and local resources to
achieve project goals and objectives.
Proposed Priorities
The Department proposes the following four priorities for this
program. Priorities 1 and 3 are only applicable to SEAs. Priority 2 is
only applicable to LEAs or consortia of LEAs. Priority 4 is applicable
to all eligible applicants. We may apply one or more of these
priorities in any year in which this program is in effect.
Proposed Priority 1--SEAs Proposing to Increase the Number of
Qualified School-Based Mental Health Services Providers in LEAs with
Demonstrated Need.
To meet this priority, an SEA must propose to increase the number
of qualified school-based mental health services providers by
implementing plans that address recruitment (defined in this document)
and retention (defined in this document) of services providers in LEAs
with demonstrated need. Applicants must propose plans that include both
of the following:
(a) Recruitment. An applicant must propose a plan to increase the
number of qualified services providers serving
[[Page 47154]]
students in LEAs with demonstrated need.
(b) Retention. An applicant must also propose a plan to increase
the likelihood that qualified services providers providing services in
LEAs with demonstrated need remain in such LEAs over time.
Proposed Priority 2--LEAs or Consortia of LEAs with Demonstrated
Need Proposing to Increase the Number of Qualified School-Based Mental
Health Services Providers.
To meet this priority, an LEA or consortium of LEAs with
demonstrated need must propose measures to increase the number of
qualified school-based mental health services providers, including
plans to address the recruitment and retention of qualified services
providers in the LEA(s). Applicants must propose plans that include
both of the following:
(a) Recruitment. An applicant must propose a plan to increase the
number of qualified services providers serving students in the LEA(s)
with demonstrated need.
(b) Retention. An applicant must also propose a plan to improve the
likelihood that qualified services providers providing services in the
LEA(s) with demonstrated need remain in such LEAs over time.
Proposed Priority 3--SEAs Proposing Respecialization or Additional
Certification of Existing Mental Health Services Providers to Qualify
Them for Work in LEAs with Demonstrated Need.
To meet this priority, an applicant must propose a respecialization
(defined in this document) or other certification plan that promotes
the readiness of services providers who already have training as social
workers, counselors, or psychologists, or in other related fields, by
supporting incremental training needed to work in an elementary school
(as defined in section 8101 of the ESEA) or secondary school (as
defined in section 8101 of the ESEA) and that is designed to increase
the number of services providers qualified to serve in LEAs with
demonstrated need.
Proposed Priority 4--Increasing the Number of Qualified School-
Based Mental Health Services Providers in LEAs with Demonstrated Need
Who Are from Diverse Backgrounds or from Communities Served by the LEAs
with Demonstrated Need.
To meet this priority, applicants must propose a plan to increase
the number of qualified school-based mental health services providers
in LEAs with demonstrated need who are from diverse backgrounds or who
are from communities served by the LEAs with demonstrated need.\10\
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\10\ 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.
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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 LEA with
demonstrated need will help increase access to mental health services
for students within the LEA with demonstrated need and best meet the
mental health needs of the diverse populations of students to be
served.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, the Department of Education designates the type of each
priority as absolute, competitive preference, or invitational through a
notice in the Federal Register. The nature of each type of priority is
as 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 requirements for this
program. Proposed application requirement (a) would apply to SEAs only;
and proposed application requirement (b) would apply to LEAs only. All
of the remaining proposed requirements would apply to all eligible
applicants. We may apply one or more of these requirements in any year
in which the program is in effect.
Eligible Applicants: One or both of SEAs, as defined in 20 U.S.C.
7801(49), or LEAs, as defined in 20 U.S.C. 7801(30), including
consortia of LEAs.
Proposed Program Requirements:
(a) Applicants that receive an award under this program must ensure
that any school-based mental health services provider hired under this
grant, including any services provider that offers telehealth services,
is qualified by the State to work in an elementary school or secondary
school.
(b) Applicants that receive an award under this program must ensure
that any school-based mental health services provider offering services
(including telehealth services) does so in an equitable manner and
consistent with the Family Educational Rights and Privacy Act (FERPA),
the Protection of Pupil Rights Amendment (PPRA), the Individuals with
Disabilities Education Act (IDEA), Section 504 of the Rehabilitation
Act, and the Americans with Disabilities Act, as well as all other
applicable Federal, State, and local laws and profession-specific
ethical obligations.
Proposed Application Requirements:
(a) Describe the LEAs with demonstrated need designated by the SEA
to be served by the proposed project.
SEA applicants must describe the LEAs with demonstrated need
designated to benefit from the SBMH program.
(b) Describe how the LEA, or each LEA in the proposed consortium
(if applicable), meets the definition of an LEA with demonstrated need.
To meet this requirement, an LEA applicant or the lead LEA
submitting an application on behalf of a consortium must describe how
the LEA or each LEA in the consortium meets the definition of an LEA
with demonstrated need.
(c) Describe the importance and magnitude of the problem.
Applicants must describe the lack of school-based mental health
services providers and its effect on students in the LEA(s) to be
served by the grant. This must include a description of the nature of
the problem for the LEA(s), 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 LEA(s), or for
SEA applicants, the LEAs designated by the SEA to benefit from the SBMH
Program. These data must be provided in the aggregate and disaggregated
by profession (e.g., school social workers, school psychologists,
school counselors) as compared to local, State, or national data. The
description may also include LEA-level or school-level demographic data
(including rates of poverty, rates of chronic absenteeism, percentage
of students involved in the juvenile justice system, experiencing
homelessness, or in foster care, and discipline data), school climate
surveys, school violence/crime data, data related
[[Page 47155]]
to suicide rates, and descriptions of barriers to hiring and retaining
qualified school-based mental health services providers in the LEA.
(d) Detailed project budget, including matching funds.
To promote the sustainability of the school-based mental health
services, all applicants must include non-Federal matching funds in one
of the following amounts, as determined by the Secretary in the notice
inviting applications:
(1) At least 10 percent of their budgets.
(2) At least 15 percent of their budgets.
(3) At least 20 percent of their budgets.
(4) At least 25 percent of their budgets.
Budgets must describe how the applicant will meet the matching
requirement for each budget period awarded under this grant and must
indicate the source of the funds, such as State, local, or private
resources. The Secretary may consider decreasing or waiving the
matching requirement post award, on a case-by-case basis, if an
applicant demonstrates a significant financial hardship.
Budgets must also specify the portion of funds that will be used
for respecialization, if applicable.
Administrative costs for SEA applicants may not exceed 10 percent
of the annual grant award. This includes funding for State-level or
LEA-level administrative costs that promote respecialization, if
applicable. Administrative costs for LEAs and consortia of LEAs may not
exceed 5 percent of the annual grant award.
(e) Number of providers.
Applicants must include the most recent available data on the
number of school-based mental health services providers in the
identified LEA(s), disaggregated by profession (e.g., school social
workers, school psychologists, school counselors), and the projected
number of school-based mental health services providers that will be
placed into employment in the identified LEA(s) for each year of the
plan using funds from this grant or matching funds, including the
unduplicated number of school-based mental health services providers
offering telehealth services, as appropriate.
(f) A plan for collaboration and coordination with related Federal,
State, and local organizations and initiatives.
Applicants must propose a plan describing how they will (1)
collaborate with at least one State, regional, or local organization,
such as school social worker associations, school psychologist
associations, school counselor associations, or colleges or
universities, and (2) coordinate with regional or local mental health,
public health, child welfare, and other community agencies, which may
include school-based health centers, to achieve plan goals and
objectives of increasing the number of school-based mental health
services providers in LEAs with demonstrated need. Applicants may also
describe proposed coordination with existing federally funded efforts
related to elementary and secondary school counseling and mental health
promotion, including Medicaid, if applicable. If such coordination will
occur, applicants must identify which Federal program(s) they are
coordinating with and how such coordination will promote program
success across multiple programs.
(g) Use of grant funds to supplement, and not supplant, existing
school-based mental health services funds and to expand, not duplicate,
efforts to increase the number of providers.
Applicants must describe how project funds will supplement, and not
supplant, non-Federal funds that would otherwise be available for
activities funded under this program.
Applicants must describe how they will use the SBMH Program funds
to expand, rather than duplicate, existing or new efforts to increase
the number of qualified school-based mental health services providers
in LEAs with demonstrated need and how they will integrate existing
funding streams and efforts to support the plan.
(h) Plan for immediate services to students.
For SEA applicants, applicants must describe their plan to ensure
services are provided to students immediately, including via subgrants
to LEAs, as appropriate. For LEA applicants and consortia of LEAs,
applicants must describe their plan to ensure students are provided
services immediately.
Proposed Definitions
The Department proposes to establish definitions of ``certified,''
``certification,'' ``credentialed,'' ``LEA with demonstrated need,''
``licensed,'' ``recruitment,'' ``respecialization,'' ``retention,'' and
``telehealth'' for use in this program. We may apply these in any year
in which this program is in effect.
Certified means an individual has documented verification of
education, expertise, or training in school psychology, school
counseling, or school social work by a State or other recognized
entity.
Certification means a level of achievement awarded by a State or
other recognized entity that attests to an individual's education,
expertise, or training to serve as a school-based mental health
services provider.
Credentialed means an individual who possesses credentialing as a
school psychologist, school counselor, or a school social worker from a
State-level or other recognized entity.
LEA with demonstrated need means an LEA that has a significant need
for additional school-based mental health services providers based on--
(1) High student to mental health services provider ratios as
compared to other LEAs statewide or nationally;
(2) High rates of community violence (including hate crimes),
poverty, substance use (including opioid use), suicide, or trafficking;
or
(3) A significant number of students who are migratory,
experiencing homelessness, have a family member deployed in the
military or with a military-service connected disability (including
veterans), have experienced a natural or manmade disaster or a
traumatic event, or have other adverse childhood experiences.
Licensed means an individual has a license that represents a
State's legal authority for that individual to serve as a school-based
mental health services provider.
Recruitment means strategies that help attract and hire
professionals into positions that are otherwise hard to fill or where
demand exceeds supply, including by doing at least one of the
following:
(a) Providing an annual salary or stipend for school-based mental
health services providers who maintain an active national
certification.
(b) Providing payment toward the school loans accrued by the
school-based mental health services provider.
(c) Creating pathways to grant cross-State credentialing
reciprocity for school-based mental health services providers.
(d) Providing incentives and supports to help mitigate shortages.
These may include, for example, increasing pay; offering monetary
incentives for relocation to high-need areas; providing services via
telehealth; creating hybrid roles that allow for leadership, academic,
or research opportunities; developing induction programs; developing
paid internship programs; and offering service scholarship programs
such as those that provide grants in exchange for a commitment to serve
in the LEA for a minimum number of years.
Respecialization means strategies that promote the readiness of
mental health services providers who already have
[[Page 47156]]
training as social workers, counselors, or psychologists, or in other
related fields, to serve in elementary or secondary schools, including
by doing one or more of the following:
(a) Revising, updating, or streamlining requirements for such
individuals so that additional training or other requirements focus
only on incremental training needed for working in an elementary school
or secondary school.
(b) Providing a stipend or making a payment to support the
incremental training needed for working in an elementary school or
secondary school.
(c) Offering flexible options for completing training that leads
such professionals to meet State requirements.
(d) Establishing new State-level programs that provide alternate
means of certification, licensure, or credentialing for such
professionals, including through practical or on-the-job training.
(e) Offering other meaningful activities that result in existing
mental health services providers obtaining the training they need to
work in an elementary school or secondary school.
Retention means strategies to help ensure that qualified
individuals stay in their position to avoid gaps in service and
unfilled positions, including by--
(a) Providing opportunities for advancement or leadership, such as
career pathways programs, recognition and award programs, and
mentorship programs; and
(b) Offering incentives and supports to help mitigate shortages.
These may include, for example, increasing pay, making payments toward
student loans, offering monetary incentives for relocation to high-need
areas, providing services via telehealth, offering service scholarship
programs such as those that provide grants in exchange for a commitment
to serve in the LEA for a minimum number of years, and developing paid
internship programs.
Telehealth means the use of electronic information and
telecommunication technologies to support and promote long-distance
clinical health care, patient and professional health-related
education, public health, and health administration. Technologies
include videoconferencing, the internet, store-and-forward imaging,
streaming media, and landline and wireless communications.
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,
definitions, or selection criteria, subject to 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.
[[Page 47157]]
Potential Costs and Benefits
The proposed priorities, requirements, and definitions are
necessary for the implementation of the SBMH 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 SBMH
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 SBMH 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 SBMH
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 school-based
mental health services providers. The first strategy, embedded in
proposed priorities 1 and 2, is to focus grant activities on hiring
additional school-based mental health services providers in LEAs with
demonstrated need to increase the number of school-based mental health
services providers in schools and local educational agencies that have
the most need for such services. The definition of LEA with
demonstrated need, incorporated into these priorities, also was crafted
to provide flexibility for an LEA to show need through data (ratios of
school counselors to students), a description of events or conditions
affecting school environment (such as community violence or disasters),
or evidence that an applicant will serve students who have or are
likely to face adverse childhood experiences. 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 SBMH funds to LEAs with demonstrated need, the
program may allocate scarce Federal resources to high-capacity LEAs
that already meet the mental health needs of their students. Moreover,
ensuring that funds are targeted to LEAs with demonstrated need was a
requirement of the fiscal year 2020 SBMH 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 SBMH competition.
The benefit of including Proposed priority 3 is that it supports
another strategy for addressing the shortage of school-based mental
health services providers. Requirements for school-based mental health
services providers are established by States and generally include
completion of bachelor's degree or higher, completion of practicum, and
internship in a K-12 school, which typically take several years to
fulfill. Proposed priority 3 would support States working to establish
innovative strategies to expand the pipeline for qualified mental
health providers by establishing pathways for individuals in related
fields to attain the credentials to work as school-based mental health
services providers. Under this priority, for example, a State might
determine that individuals in related fields--such as counseling or
social work--would only need to obtain incremental, additional training
to qualify as a school-based mental health services provider, rather
than a full degree or credentialing program. This strategy has the
benefit of reducing the time necessary for credentialing and
potentially increasing the number of qualified mental health providers
available for hiring by LEAs, which is the core goal and purpose of the
SBMH program. Absent the expanded use of such strategies, SBMH grantees
may not be able to achieve this core goal due to the lack of qualified
candidates.
The benefit of Proposed priority 4 is that it supports another
strategy for expanding the workforce of school-based mental health
services providers. Currently, the psychology \11\ and school counselor
\12\ workforce is significantly less diverse than the student
population.\13\ Increasing the number of qualified school-based mental
health services providers from diverse backgrounds and from communities
served by the LEAs with demonstrated need, and who can provide
culturally and linguistically appropriate services, not only would
expand the numbers of these providers but also increase access to and
improve the quality of mental health services available to students.
Further, this priority supports the Administration's equity agenda \14\
and the Department's mission to support equity and excellence.
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\11\ <a href="https://www.apa.org/workforce/data-tools/demographics">https://www.apa.org/workforce/data-tools/demographics</a>.
\12\ <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>.
\13\ <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>.
\14\ <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>.
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The Department believes that this proposed regulatory action would
not impose significant costs on eligible entities, whose participation
in our programs is voluntary, and 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. We believe these benefits
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 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 creative plans to expand pathways to high-
quality credentialing in this area.
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 authorizing statute does not
provide sufficient detail to develop and administer a competitive grant
program consistent with the intent of
[[Page 47158]]
Congress as expressed in the Explanatory Statement accompanying the
Department of Education Appropriations Act. 2022, which provided
funding for the program in fiscal year 2022, or the Bipartisan Safer
Communities Act, which provided additional funding for fiscal years
2022 through 2026. Consequently, absent the proposed priorities,
requirements, and definitions, the Department would not have a
sufficient basis for evaluating the quality of applications or ensuring
that the program achieves its intended objectives.
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 SEAs and LEAs.
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 SEAs and
LEAs.
------------------------------------------------------------------------
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.
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?
<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 regulations 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 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.
[[Page 47159]]
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 that the Department holds an SBMH Program
competition, we estimate 300 applicants will apply and submit an
application 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 12,000 hours. At $95.46 per
hour (using mean wages for Education and Childcare Administrators \15\
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 300 applicants to complete the SBMH Program application is
approximately $1,145,520.
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\15\ See <a href="http://www.bls.gov/oes/current/oes_nat.htm">www.bls.gov/oes/current/oes_nat.htm</a>.
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The Department is requesting paperwork clearance on the OMB 1810-
xxxx data collection associated with this proposed requirement. 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-XXXX
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>.
Collection of Information
----------------------------------------------------------------------------------------------------------------
Estimated Estimated cost
Information collection activity number of Hours per Total estimated at an hourly
responses response burden hours rate of $95.46
----------------------------------------------------------------------------------------------------------------
School-Based Mental Health Services Grant 300 40 12,000 $1,145,520
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. 2022-16557 Filed 8-1-22; 8:45 am]
BILLING CODE 4000-01-P
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