Proposed Rule2025-13384
School-Based Mental Health Services 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
July 17, 2025
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. The Department may use these priorities, requirements, and definitions for competitions in fiscal year (FY) 2025 and later years. The proposed priorities, requirements, and definitions are designed to better target activities designed to increase the number of credentialed school-based mental health services providers, specifically school psychologists, in high-need local educational agencies (LEAs) available to provide mental health services to students. These priorities, requirements, and definitions are intended to replace the Notice of Final Priorities, Requirements, and Definitions published in the Federal Register on October 4, 2022 (87 FR 60092). However, those priorities, requirements, and definitions remain in effect for previous grant competitions in which the notices inviting applications (NIAs) were published before the Department finalizes the proposed priorities, requirements, and definitions in this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 135 (Thursday, July 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 135 (Thursday, July 17, 2025)]
[Proposed Rules]
[Pages 33353-33357]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13384]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2025-OESE-0152]
School-Based Mental Health Services Grant Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities, requirements, and definitions.
-----------------------------------------------------------------------
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.
The Department may use these priorities, requirements, and definitions
for competitions in fiscal year (FY) 2025 and later years. The proposed
priorities, requirements, and definitions are designed to better target
activities designed to increase the number of credentialed school-based
mental health services providers, specifically school psychologists, in
high-need local educational agencies (LEAs) available to provide mental
health services to students. These priorities, requirements, and
definitions are intended to replace the Notice of Final Priorities,
Requirements, and Definitions published in the Federal Register on
October 4, 2022 (87 FR 60092). However, those priorities, requirements,
and definitions remain in effect for previous grant competitions in
which the notices inviting applications (NIAs) were published before
the Department finalizes the proposed priorities, requirements, and
definitions in this notice.
DATES: We must receive your comments on or before August 18, 2025.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. See the SUPPLEMENTARY INFORMATION
section for more details.
FOR FURTHER INFORMATION CONTACT: Dana Carr, U.S. Department of
Education, 400 Maryland Avenue SW, Room 4B210, Washington, DC 20202.
Telephone: (202) 987-0119. Email: <a href="/cdn-cgi/l/email-protection#7b141e081e5508181314141755161e150f1a1755131e1a170f133b1e1f551c140d"><span class="__cf_email__" data-cfemail="046b6177612a77676c6b6b682a69616a7065682a6c616568706c4461602a636b72">[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. Comments must
be submitted via the Federal eRulemaking Portal at www.<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 submitted by fax or by email, or comments
submitted after the comment period closes. To ensure 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.
Federal eRulemaking Portal: Go to www.<a href="http://Regulations.gov">Regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.'' Also included on <a href="http://Regulations.gov">Regulations.gov</a> is a commenter checklist that
addresses how to submit effective comments.
In instances where individual submissions appear to be duplicates
or near duplicates of comments prepared as part of a writing campaign,
the Department may choose to post to <a href="http://Regulations.gov">Regulations.gov</a> one representative
sample comment along with the total comment count for that campaign.
The Department will consider these comments along with all other
comments received. In instances where individual submissions are
bundled together (submitted as a single document or packaged together),
the Department will post all of the substantive comments included in
the submissions along with the total comment count for that document or
package to <a href="http://Regulations.gov">Regulations.gov</a>.
Comments containing personal threats will not be posted to
<a href="http://Regulations.gov">Regulations.gov</a> and may be referred to the appropriate authorities.
During and after the comment period, you may inspect public
comments about these proposed priorities, requirements, and definitions
by accessing <a href="http://Regulations.gov">Regulations.gov</a>. To inspect comments in person, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Privacy Note: The Department's policy is generally to make all
comments received from members of the public available for public
viewing in their entirety on the Federal eRulemaking Portal at
www.<a href="http://Regulations.gov">Regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
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
[[Page 33354]]
defined in 20 U.S.C. 7801(30)), LEAs (as defined in 20 U.S.C. 7801(49),
and consortia of LEAs to increase the number of credentialed \1\
school-based mental health services providers, specifically school
psychologists, delivering mental health services to students in high-
need LEAs.
---------------------------------------------------------------------------
\1\ Terms with proposed definitions elsewhere in this notice are
italicized the first time they are used.
---------------------------------------------------------------------------
Assistance Listing Number: 84.184H.
Program Authority: Section 4631(a)(1)(B) of the Elementary and
Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C.
7281(a)(1)(B)).
Background: Our Nation's schools should be safe and secure settings
where children can learn and grow to their full potential. However,
over the last several years the decline of children and youth mental
health has become a serious concern for our Nation. Given the
importance of improving children and youth mental health, we are
proposing four priorities to increase the number of available school
psychologists. Evidence suggests that increasing the number of
available school psychologists is related to enhanced mental or
behavioral health services provision for students.\2\ Additionally, the
estimated student to school psychologist ratio for the 2023-2024 school
year was 1065:1.
---------------------------------------------------------------------------
\2\ Eklund, K., DeMarchena, S.L., Rossen, E., Izumi, J.T.,
Vaillancourt, K., & Rader Kelly, S. (2020). Examining the role of
school psychologists as providers of mental and behavioral health
services. Psychology in the Schools, 57, 489-501. Available at:
<a href="https://onlinelibrary.wiley.com/doi/10.1002/pits.22323">https://onlinelibrary.wiley.com/doi/10.1002/pits.22323</a>. Accessed on
June 10, 2025.
---------------------------------------------------------------------------
Two of the proposed priorities are intended to focus on recruitment
and retention incentives as a mechanism for increasing the number of
credentialed school psychologists. A third priority would support
respecialization of individuals who hold degrees in related fields
(e.g., special education, clinical psychology, community counseling) by
helping them to more quickly obtain a State-license or State-
certification as a school psychologist. The final priority is intended
to address more directly the need for credentialed school psychologists
who are available to deliver early intervention mental health services
and intensive mental health services to students most in need of those
services.
To support effective implementation of the proposed priorities and
administration of the program, and to maximize the benefit of these
Federal funds, the Department proposes application and program
requirements. The proposed application requirements are intended to
ensure that the LEAs benefiting from the SBMH program are high-need
LEAs, and to provide data on how many school psychologists the
applicant anticipates hiring and retaining with grant funds in
comparison to the number currently delivering services. The proposed
program requirements limit the amount of grant funds that can be used
for administrative costs, require that program funds be used to
supplement, not supplant, non-Federal funds, prohibit the use of
program funds for promoting or endorsing gender ideology, political
activism, racial stereotyping, or hostile environments for students of
particular races, and require applicants to initiate mental health
services to students within a specific number of days. Additionally,
given the importance of student safety and privacy, and of ensuring the
protection of parental rights, the Department proposes requirements
related to required credentialing to work in elementary or secondary
schools, compliance with existing laws, obtaining parents' informed
written consent for any mental-health assessment or service funded
under this program, and telehealth services.
Finally, to support the proposed priorities and requirements, the
Department proposes elsewhere in this notice definitions for the
following terms used in this program: ``credentialed,'' ``early
intervention mental health services,'' ``high-need LEA,'' ``intensive
mental health services,'' ``recruitment,'' ``respecialization,''
``retention,'' and ``telehealth''.
Proposed Priorities
This document contains four proposed priorities. We may apply one
or more of these priorities in any year in which the program is in
effect.
Proposed Priority 1--SEAs proposing to increase the number of
credentialed school psychologists employed in high-need LEAs.
To meet this priority, an SEA must propose a plan to recruit and
retain credentialed school psychologists for employment in high-need
LEAs.
Proposed Priority 2--LEAs proposing to increase the number of
credentialed school psychologists employed in high-need LEAs.
To meet this priority, a high-need LEA or a consortium of high-need
LEAs must propose a plan to recruit and retain credentialed school
psychologists for employment in high-need LEAs.
Proposed Priority 3--SEAs or LEAs increasing the number of
credentialed school psychologists delivering early intervention and
intensive mental health services in high-need LEAs.
To meet this priority, applicants must propose to increase the
number of credentialed school psychologists who will engage in the
following:
(a) Providing intensive mental health services and supports to
individual students most in need of those services,
(b) Providing early intervention mental health services to address
acute concerns and determine if intensive mental health services are
needed, and
(c) Building necessary capacity and local support to ensure the
provision of intensive mental health services beyond the life of the
grant.
Proposed Priority 4--SEAs proposing respecialization for existing
professionals to become credentialed school psychologists.
To meet this priority, an SEA must propose to increase the number
of credentialed school psychologists employed in high-need LEAs by
implementing a respecialization plan. The respecialization plan must
support professionals who hold, at a minimum, a degree in a related
field (e.g., special education, clinical psychology, community
counseling) to obtain a license or certification from the SEA or
relevant State regulatory body as a school psychologist.
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 requirements for this
program. Proposed application requirement (a) would apply to SEAs only;
proposed
[[Page 33355]]
application requirement (b) would apply to LEAs only. Proposed
application requirement (c) would apply to all applicants. We may apply
one or more of these requirements in any year in which the program is
in effect.
Proposed Application Requirements
(a) SEA applicants must identify in their applications the specific
high-need LEAs that will benefit from the grant or how they will
identify and select the high-need LEAs designated to benefit from the
grant.
(b) LEA applicants must describe how they and each LEA in the
consortium, if applicable, meets the definition of high-need LEA.
(c) Applicants must include in their applications the most recently
available data on the number of credentialed school psychologists
delivering services in the high-need LEA(s) and the projected number of
credentialed school psychologists that will be hired and retained to
deliver services in the high-need LEA(s) for each year of the project
using funds from this grant.
Proposed Program Requirements
(a) Eligible Applicants for this program are 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.
(b) Administrative costs for SEA applicants that receive an award
under this program may not exceed 10 percent of the annual grant award.
Administrative costs for LEA applicants that receive an award under
this program may not exceed 5 percent of the annual grant award.
(c) Applicants that receive an award under this program must use
grant funds to supplement, and not supplant, non-Federal funds that
would otherwise be available for activities funded under this program.
(d) Applicants that receive an award under this program are
prohibited from using program funds for promoting or endorsing: (1)
gender ideology, (2) political activism, (3) racial stereotyping, or
(4) hostile environments for students of particular races.
(e) Applicants that receive an award under this program must ensure
that school psychologists funded by this grant begin delivering
services to students as soon as possible, but not later than 270 days
from award.
(f) Applicants that receive an award under this program must ensure
that any school psychologist hired under this grant, including any
provider that offers telehealth services (as defined in this notice),
is credentialed by the State to work in an elementary school (as
defined in 20 U.S.C. 7801(19)) or secondary school (as defined in 20
U.S.C. 7801(45)).
(g) Applicants that receive an award under the program must comply
with section 4001(a) of Title IV of the ESEA. In carrying out the
Informed Written Consent requirements described in paragraph (a)(1),
the exception in (a)(2)(B)(i) only applies after the applicant has
documented that it has made multiple repeated attempts through various
communication methods to obtain parent consent. Subsequently, where
parent consent is not obtained under (a)(2), not including the
provisions in (B)(ii), the parent of a child participating in such
services will be provided notice of initial and subsequent service
delivery.
(h) Applicants that receive an award under this program must ensure
that any school psychologist offering services (including telehealth
services) does so in a manner 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.
Proposed Definitions
The Department proposes to establish definitions of
``credentialed,'' ``early intervention mental health services,''
``high-need LEA,'' ``intensive mental health services,''
``recruitment,'' ``respecialization,'' ``retention,'' and
``telehealth'' for use in this program. We may apply these definitions
in any year in which this program is in effect.
Credentialed means an individual who possesses a valid license or
certificate from the SEA or relevant regulatory body as a school
psychologist approved by the State to provide services aligned with the
practice of school psychology.
Early intervention mental health services mean services for
students who are exhibiting signs of distress or impairment or are at
heightened risk of needing mental health services. Based on current
best practices in school psychology for serving an individual student,
early intervention mental health services may include, for example,
screening and referrals, small group services, or brief individualized
interventions.
High-need LEA means an LEA that has a significant need for
additional school psychologists based on:
(a)(1) a ratio of students to school psychologists that exceeds a
ratio of 500 students to 1 school psychologist and (2) high rates of
school violence, poverty, substance use, suicide, trafficking, or other
adverse childhood experiences; or
(b) having received a Project School Emergency Response to Violence
(SERV) grant from the U.S. Department of Education since October 1,
2020.
(c) having experienced a traumatic event since January 1, 2025, and
did not receive a Project School Emergency Response to Violence (SERV)
grant from the U.S. Department of Education.
Intensive mental health services mean services for students with
identified mental health needs that limit engagement throughout the
school day. Based on the best clinical approach to serving an
individual student, intensive mental health services may include, for
example, individual, group, or family therapy services, or coordination
of services with providers serving the student in a non-school setting.
Recruit or Recruitment means strategies that help attract and hire
credentialed school psychologists, including by doing at least one of
the following:
(1) Providing an annual salary or stipend to newly hired school
psychologists.
(2) Creating pathways to grant cross-State credentialing
reciprocity for school psychologists.
(3) Providing hiring incentives and supports, for example,
increasing pay; offering monetary incentives for relocation to serve in
high-need LEAs; providing services via telehealth; creating hybrid
roles that allow for leadership, academic, or research opportunities;
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.
[[Page 33356]]
Respecialization means strategies that provide opportunities for
professional retraining and alternative pathways to obtain a State-
license or State-certification as a school psychologist for individuals
who hold, at a minimum, a degree in a related field (e.g., special
education, clinical psychology, community counseling). Strategies
include one or more of the following:
(1) Revising, updating, or streamlining requirements for such
individuals so that additional training or other requirements focus
only on the training needed to obtain a credential as a school
psychologist.
(2) Providing a stipend or making a payment to support the training
needed to obtain a credential as a school psychologist.
(3) Offering flexible options for completing training needed to
obtain a credential as a school psychologist.
(4) Offering other meaningful activities that result in such
individuals obtaining a credential as a school-psychologist.
Retain or Retention means strategies to help ensure that
credentialed school psychologists stay in their position to avoid gaps
in service and unfilled positions, including by--
(1) Providing opportunities for advancement or leadership, such as
career pathways programs, recognition and award programs, and
mentorship programs; and
(2) Offering incentives and supports to help mitigate shortages,
for example, increasing pay; offering monetary incentives for
relocation to serve in high-need LEAs; providing services via
telehealth; offering service scholarship programs, such as those that
provide grants in exchange for a commitment to serve in a high-need 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 mental health care, patient and professional mental health-
related education, and 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 in
the Federal Register. We will determine the final priorities,
requirements, and definitions after considering public comments on this
document and other information available to the Department. This
document does not preclude us from proposing additional priorities,
requirements, or definitions, subject to meeting applicable rulemaking
requirements.
Note: This document does not solicit applications. In any year in
which we choose to use these priorities, requirements, and definitions,
we invite applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 14192
Regulatory Impact Analysis
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866. Since this regulatory action is not a significant regulatory
action under section 3(f) of Executive Order 12866, it is not
considered an ``Executive Order 14192 regulatory action.''
We have also reviewed this proposed regulatory action under
Executive Order 13563. We are issuing the proposed priorities,
requirements, and definitions only on a reasoned determination that
their benefits would justify their minimal costs. The Department
believes that this regulatory action is consistent with the principles
in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with these 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.
Discussion of Costs and Benefits
The Department believes that these proposed priorities,
requirements, and definitions would not impose significant costs on
eligible entities, whose participation in this program is voluntary,
and whose costs can generally be covered with grant funds. As a result,
the proposed priorities, requirements, and definitions would not impose
any particular burden, except when an entity voluntarily elects to
apply for a grant. The proposed priorities, requirements, and
definitions would help ensure that the grant program selects high-
quality applicants to implement activities that meet the goals of the
program. We believe these benefits would outweigh any associated costs.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
This section considers the effects that the final regulations may
have on small entities in the educational sector as required by the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Secretary
certifies that the proposed priorities, requirements, and definitions
would not have a significant economic impact on a substantial number of
small entities.
The small entities that these proposed priorities, requirements,
and definitions would affect are LEAs applying for and receiving funds
under this program. We believe that the costs imposed on an applicant
by the proposed priorities, requirements, and definitions would be
limited to paperwork burden related to preparing an application and
that the benefits of the proposed priorities, requirements, and
definitions would outweigh any costs incurred by the applicant.
Participation in this program is voluntary. For this reason, the
proposed priorities, requirements, and definitions would impose no
burden on small entities unless they applied for funding under the
program. Eligible applicants would determine whether to apply for funds
and would 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 school-based mental health
services providers.
Paperwork Reduction Act of 1995
The proposed priorities, requirements, and definitions contain
information collection requirements that are approved by OMB under OMB
control number 1810-0773. The proposed priorities, requirements, and
definitions do not affect the currently approved data collection.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain
[[Page 33357]]
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, 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>.
You may also access Department documents published in the Federal
Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-13384 Filed 7-16-25; 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 July 17, 2025.
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.