Notice2025-18893
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
September 29, 2025
Effective
October 29, 2025
Issuing agencies
Education Department
Abstract
The Department of Education (Department) announces final priorities, requirements, and definitions under the Mental Health Service Professional Demonstration Grant Program (MHSP), Assistance Listing Number (ALN) 84.184X. We may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2025 and later years. These final priorities, requirements, and definitions are designed to better target activities to address shortages of school-based mental health services providers, specifically school psychologists, in high-need local educational agencies (LEAs). These priorities, requirements, and definitions replace the Notice of Final Priorities, Requirements, and Definitions published in the Federal Register on October 4, 2022 (87 FR 60083). 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 finalized the proposed priorities, requirements, and definitions in this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46577-46583]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18893]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket ID ED-2025-OESE-0153]
Mental Health Service Professional Demonstration Grant Program
AGENCY: U.S. Department of Education.
ACTION: Final priorities, requirements, and definitions.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) announces final
priorities, requirements, and definitions under the Mental Health
Service Professional Demonstration Grant Program (MHSP), Assistance
Listing Number (ALN) 84.184X. We may use one or more of these
priorities, requirements, and definitions for competitions in fiscal
year (FY) 2025 and later years. These final priorities, requirements,
and definitions are designed to better target activities to address
shortages of school-based mental health services providers,
specifically school psychologists, in high-need local educational
agencies (LEAs). These priorities, requirements, and definitions
replace the Notice of Final Priorities, Requirements, and Definitions
published in the Federal Register on October 4, 2022 (87 FR 60083).
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 finalized the
proposed priorities, requirements, and definitions in this notice.
DATES: The final priorities, requirements, and definitions are
effective October 29, 2025.
FOR FURTHER INFORMATION CONTACT: Dana Carr, U.S. Department of
Education, 400 Maryland Avenue SW, Room 4B210, Washington, DC 20202-
6450. Telephone: (202) 987-0119. Email: <a href="/cdn-cgi/l/email-protection#5518303b2134397b1d303439213d1530317b323a23"><span class="__cf_email__" data-cfemail="420f272c36232e6c0a27232e362a0227266c252d34">[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.
[[Page 46578]]
SUPPLEMENTARY INFORMATION:
Purpose of this Regulatory Action: On July 17, 2025, the Department
published a notice of proposed priorities, requirements, and
definitions (NPP) in the Federal Register (90 FR 33349). Through this
regulatory action, we establish final priorities, requirements, and
definitions that the Department may use for competitions in fiscal year
(FY) 2025 and later years.
Summary of the Major Provisions of This Regulatory Action: The NPP
contained background information and our reasons for proposing the
priorities, requirements, and definitions. There is a minor
clarification between the proposed priorities, requirements, and
definitions and the final priorities, requirements, and definitions
established in this notice of final priorities, requirements, and
definitions (NFP), as discussed in the Analysis of Comments and Changes
section in this document.
Purpose of Program: The MHSP program provides competitive grants to
State educational agencies (SEAs) (as defined in 20 U.S.C. 7801(30))
and local educational agencies (LEAs) (as defined in 20 U.S.C.
7801(49)) to address the shortage of credentialed school-based mental
health services providers, specifically school psychologists, in high-
need LEAs.
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)).
Public Comment: In response to our invitation in the NPP, the
Department received comments from over 1,900 commenters on the proposed
priorities, requirements, and definitions.
Generally, we do not address technical and other minor changes, or
suggested changes that the law does not authorize us to make under
applicable statutory authority. In addition, we do not address general
comments regarding concerns not directly related to the proposed
priorities, requirements, or definitions.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities and definitions since publication of
the NPP follows.
General Comments
Comments: Many commenters supported the proposed priorities,
requirements, and definitions, such as those related to limiting the
scope of the program, and specific restrictions related to using
program funds to support gender ideology and increasing requirements
related to parental consent. A few commenters, however, suggested that
the Department not support the expenditure of funds for mental health
grants and instead recommended that the Department remain solely
focused on supporting academic achievement. Other commenters opposed
some of the proposed changes to the priorities, as well as some of the
requirements and definitions, as detailed below.
Discussion: We appreciate the comments expressing support for the
priorities, requirements, and definitions. The Department recognizes
the connection between mental health and learning. Students facing
mental health challenges may be unable to focus on learning, and
increasing the capacity of schools to provide needed services to
students may support these students' academic engagement. In addition,
the Department is committed to implementing the Bipartisan Safer
Communities Act as planned, which requires the Department to support
mental health grant programs through FY 2026.
Changes: None.
Priorities
Comments: Many commenters recommended that the Department revise
the priorities, requirements, and definitions, where applicable, to
include training of State-licensed or certified school counselors and
social workers, in addition to school psychologists. Many commenters
suggested these changes because they believe school counselors and
school social workers are necessary to meet the full continuum of
mental health needs of students. A few also stated that other
professionals, such as those licensed as occupational therapists or
licensed family therapists, should also be included because, in some
States, their credential allows them to provide necessary mental health
services to students. In addition, many commenters pointed out that the
functions of school psychologists delineated in the notice are not
commonly carried out by school psychologists, but rather undertaken by
school social workers, school counselors, or other school-based mental
health providers. Commenters stated that one function school
psychologists often carry out is educational testing.
Discussion: The Department believes that school psychologists are
the school-based officials who are clinically trained and licensed to
provide early intervention and intensive mental health services to
students most in need. While commenters may support a team of school-
based mental health providers that includes school counselors, school
social workers, and other professionals, such as licensed occupational
therapists or licensed family therapists, the Department believes
school psychologists are best suited to provide these clinical services
and is choosing to prioritize SBMH funds accordingly.
Over the past several years, concerns about the mental health of
children and youth have increased.\1\ From documented increases in
emergency room visits for mental health crises, to reports of increased
sadness and hopelessness among adolescents, the Department believes
schools play an integral role in helping to meet youth mental health
service needs.<SUP>2 3</SUP> The Department is focusing this program on
school psychologists, as opposed to school counselors and school social
workers, because these individuals have training that is uniquely
focused on the intersection between students' behaviors, motivations,
disabilities, mental health and the impact that all of these variables
may have on learning. While other providers may have a more focused
skillset or may support students more generally, school psychologists
are trained to both assess and identify students with the greatest
mental and behavioral health needs and provide targeted services to
address those needs and re-engage students in learning.
---------------------------------------------------------------------------
\1\ For example, death due to suicide among adolescents ages 12-
17 increased by 75.7% (rising from 3.7 to 6.5 deaths per 100,000
population) between 2008 and 2021. See 2023 National Healthcare
Quality and Disparities Report. Available at: <a href="https://www.ahrq.gov/research/findings/nhqrdr/nhqdr23/index.html">https://www.ahrq.gov/research/findings/nhqrdr/nhqdr23/index.html</a>. Accessed September 22,
2025.
\2\ Feuer V, Mooneyham GC, Malas NM. Pediatric Boarding
Consensus Guidelines Panel. Addressing the Pediatric Mental Health
Crisis in Emergency Departments in the US: Findings of a National
Pediatric Boarding Consensus Panel. J Acad Consult Liaison
Psychiatry. 2023 Nov-Dec;64(6):501-511.
\3\ U.S. Department of Health and Human Services. Centers for
Disease Control and Prevention. 2023 Youth Risk Behavior Survey
Results. Available at: <a href="https://www.cdc.gov/yrbs/results/2023-yrbs-results.html">https://www.cdc.gov/yrbs/results/2023-yrbs-results.html</a>. Accessed September 22, 2025.
---------------------------------------------------------------------------
While schools may continue to hire and train school counselors and
social workers using State and local funds, the Department's policy
approach is to use its limited Federal funds to focus on school
psychologists because of their expertise to both assess and identify
students with the greatest needs and provide specialized services
appropriate to those needs.
Changes: None.
Comments: Many commenters noted that rural LEAs face unique
challenges in recruiting and retaining school psychologists, given the
limited number of graduate programs in rural areas.
Discussion: Rural LEAs can use this opportunity to partner with
Institutions
[[Page 46579]]
of Higher Education (IHEs), or other entities recognized by the State,
to create or enhance sustainable workforce pipeline approaches to
increase the number of participants, and graduates who are preparing
for a credential in school psychology. Additionally, the Department has
a priority available in the Education Department General Administrative
Regulations (EDGAR) at 34 CFR 75.227, which authorizes the Department
to prioritize rural areas, if appropriate for a given competition. As
such, we decline to make any changes.
Changes: None.
Comments: Although a few commenters support the use of funds to
exclusively focus on intensive services, and one commenter suggested
not including intensive services at all, many commenters recommended
that the Department expand the priorities, requirements, and
definitions where applicable from focusing on early intervention and
intensive services to include the full continuum of services and
approaches aligned with a Multi-Tiered System of Support (MTSS). A MTSS
continuum, as noted by many commenters, includes universal or
preventive approaches for the entire student body and school to
decrease the need for higher-level and intensive services.
Discussion: The Department is prioritizing early intervention and
intensive mental health services in this program to maximize Federal
funds to support mental health services for students who need them and
wants to ensure that graduate training programs are properly preparing
school psychology graduate candidates to provide these services
Changes: None.
Comments: A few commenters recommended that the Department include
substance abuse as part of the service delivery scope in the
priorities, requirements, and definitions, as applicable.
Discussion: The Department recognizes the complex intersection of
substance use and mental health. School psychologists trained and hired
to provide early intervention and intensive mental health services
under this program can address these needs as part of their provision
of mental health services to the extent they impact the student's
engagement in school. However, funds cannot be used for other substance
use treatment services apart from early intervention or intensive
mental health services.
Changes: None.
Requirements
Comments: Many commenters encouraged the Department to include IHEs
as eligible applicants as part of Program Requirement (a).
Discussion: The Department is committed to returning education to
the States. As such, SEAs and their LEAs are the appropriate recipients
of these funds, rather than IHEs. However, the Department recognizes
that IHEs, as well as other entities recognized by the State, or the
State itself, are important partners to ensuring high-quality
preparation of school psychologists. Accordingly, applicants are
required to describe in their applications how their proposed projects
will include a school-based mental health partnership, designed to
train school psychology graduate candidates that includes an eligible
partner, as defined in this notice. Applicants that receive an award
under this program must provide within six months of award a memorandum
of understanding (MOU), a memorandum of agreement (MOA), or letter of
agreement documenting the applicant's school-based mental health
partnership that includes an eligible partner.
Changes: None.
Comments: One commenter suggested that Program Requirement (b)
related to supplementing, not supplanting State and local funds may
hinder the ability of LEAs to build the infrastructure needed for their
school-based mental health workforce, particularly for rural and
underserved areas.
Discussion: The supplement, not supplant requirement in this
program is consistent with grant requirements across many of the
Department's programs and ensures that limited Federal funds are used
efficiently and complement State and local initiatives.
Changes: None.
Comments: A few commenters recommended that the Department
eliminate Program Requirement (c), which establishes a cap on SEA and
LEA administrative costs. Commenters stated that the administrative cap
on LEAs could limit their ability to carry out project activities by
creating a financial burden.
Discussion: The Department believes that these funds should be used
to deliver early intervention and intensive mental health services to
students and only a limited amount of Federal funds should be used to
cover administrative costs of the program. LEAs can use State or local
funds for additional programmatic and administrative costs.
Changes: None.
Comments: Although a few commenters supported Program Requirement
(d), which prohibits the use of funds for ``gender ideology,''
``political activism,'' ``racial stereotyping,'' and ``hostile
environments for students of particular races,'' many recommended
eliminating this Program Requirement, citing potential harm to students
as well as the ambiguity of the terms included. Many commenters
expressed that this requirement would actively threaten the mental
health and safety of transgender students or those who identify as
LGBTQ+, and that it could create barriers to access for needed mental
health services. One commenter stated that the proposed rule unlawfully
discriminates against students who identify as transgender and could
conflict with State or local laws protecting students and establishing
licensing and certification requirements.
Discussion: The Department believes it is not the role of school
psychologists to promote particular ideologies or stereotypes when
addressing the mental health needs of students. The intent of Program
Requirement (d) is not to harm or limit services to students, but to
ensure that program funds are particularly focused on providing
targeted mental health services without tying such services to
particular ideologies or stereotypes. The four prohibitions on the use
of funds in Program Requirement (d) reflect the Department's concern
regarding the prior administration's policy to use MHSP program funds
in ways that strayed from the original intent and purposes of the MHSP
program. For example, the 2022 Notice of Final Priorities for this
program (87 FR 60083 (October 4, 2022)) established priorities that
incentivized racial preferencing and racial stereotyping in order to
receive preference for grant funding. In the current NFP, these
requirements on their face do not impose any barriers or restrictions
whatsoever on students receiving mental health services, and, as
explained below, are instead concerned with addressing activities the
Department anticipates could result in violations of federal law.
Additionally, the Department does not believe that Program Requirement
(d) would impact the ability of any school psychologist to receive a
license or certification. The Department is not aware of any licensing
or certification authority that would require adherence to, or
compliance with, any of the grant funding prohibitions in Program
Requirement (d) in order to receive a license or certification.
Similarly, the Department is not aware of State laws compelling
adherence or compliance
[[Page 46580]]
with these grant funding prohibitions as described herein.
Changes: None.
Comments: Many commenters recommended that the Department define
the terms included in Program Requirement (d), including ``gender
ideology,'' ``political activism,'' ``racial stereotyping,'' and
``hostile environments for students of particular races.'' Many
commenters asked that the Department also provide examples of allowable
activities. A few commenters pointed out that the terms used in the
proposed requirement are overly broad, do not contain a reasoned
explanation for incorporating these terms into the grant program, and
no standards exist against which to assess potential activities.
Discussion: As noted above, the four prohibitions identified in
Program Requirement (d) reflect the Department's concern regarding the
prior administration's policy to use MHSP program funds in ways that
strayed from the original intent and purposes of the MHSP program. For
example, the 2022 Notice of Final Priorities for this program (87 FR
60083 (October 4, 2022)) established priorities that incentivized
racial preferencing and racial stereotyping as a condition to receive a
grant. While the Department declines to further define these
prohibitions as their terms are commonly used and understood, we would
view potential violations of these prohibitions similarly to potential
violations of our civil rights laws. For instance, using federal funds
for ``gender ideology'' may be inconsistent with Title IX of the
Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.). ``Political
activism'' is conduct that could be inconsistent with the restrictions
described in 31 U.S.C. 1352 and 2 CFR 200.450. And using funds to
engage in ``Racial stereotyping'' or create ``hostile environments for
students of particular races'' may be inconsistent with Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
Regarding commenters' requests for the Department to provide
guidance regarding allowable activities, we encourage commenters to
read resources such as the Department of Justice's ``Guidance for
Recipients of Federal Funding Regarding Unlawful Discrimination,'' \4\
which contains many helpful examples, and the President's Executive
Order 14168, which describes the policy of the federal government
regarding gender ideology.\5\
---------------------------------------------------------------------------
\4\ See <a href="https://www.justice.gov/opa/pr/justice-department-releases-guidance-recipients-federal-funding-regarding-unlawful">https://www.justice.gov/opa/pr/justice-department-releases-guidance-recipients-federal-funding-regarding-unlawful</a>.
Last Accessed September 22, 2025.
\5\ See <a href="https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/">https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/</a>. Last Accessed September
22, 2025.
---------------------------------------------------------------------------
Changes: None.
Comments: Many commenters stated that the Department should promote
safe and healthy learning environments for all students, and that
Requirement (d), which prohibits applicants who receive an award under
this program 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 actually
creates an unsafe school climate because of the chilling effects of
limiting speech with, or services for, specific students.
Discussion: The Department disagrees that Program Requirement (d)
would limit speech or services to students. Indeed, by its plain
language, Program Requirement (d) is a requirement on use-of-funds that
applies to potential grantees under this program. Had the Department
sought to more affirmatively establish participation requirements or
limit the eligible students to be served under this program, it would
have done so. Rather, the Department has left it up to potential
grantees to determine how they will provide ``intensive mental health
services and supports to individual students most in need of those
services'' within the requirements established for this program.
Additionally, regarding the commenters' concerns for student speech,
since the seminal Supreme Court case Tinker v. Des Moines (393 U.S.
503) (1969), students have enjoyed robust First Amendment protections
in school settings and, in general, do not ``shed their constitutional
rights. . .at the schoolhouse gate''. No such prohibition regarding
speech is contemplated by these plain use-of-grant-funds requirements.
However, to be responsive to commenter's concerns, and to further
clarify that the Department's priorities delineate limits on only the
use of grant funds for the MHSP program, we have revised the lead-in to
the requirement to clarify these prohibitions are not repugnant to the
First Amendment to the Constitution of the United States.
Changes: The Department has revised Program Requirement (d) by
removing ``promoting and endorsing.''
Comments: None.
Discussion: Consistent with other Departmental regulatory actions,
the Department is including a severability clause within the NFP. The
clause is intended to clarify that each provision within the NFP stands
on its own because each provision is distinct and has its own rationale
for inclusion, the effect of which varies depending on the identified
provision.
Changes: The following severability clause has been added to the
NFP: ``If any provision of this NFP or its application to any person,
act, or practice is held invalid, the remainder of the NFP or the
application of its provisions to any other person, act, or practice
will not be affected thereby.''
Definitions
Comments: Many commenters suggested broadening the definition of
``early intervention'' services to include universal or preventive
approaches. Many commenters believe that the definition of ``early
intervention'' is too restrictive and does not account for the full
continuum of mental health services for students.
Discussion: Although the definition of early intervention services
may not represent the continuum of services that a school provides, the
Department's preference is to focus these funds on increasing the
number of credentialed school psychologists who are available to
provide early intervention and intensive mental health services to
ensure schools are equipped to provide the necessary clinical mental
health services that some students need to support their academic
success in school.
Changes: None.
Comments: Several commenters suggested that the definition of
``eligible institution of higher education partner'' be expanded to
include any program of study that leads to a graduate degree in any
profession that prepares candidates to obtain any State mental health
professional license or certification under State law to provide mental
health services.
Discussion: Given the shortages of school psychologists, the
Department is focusing this program on training a sufficient number of
school psychologists to provide mental health services in school
settings. School psychologists are uniquely positioned to provide
clinical mental health services to students and, as such, any IHE
partners should be focused on training and preparing school
psychologists.
Changes: None.
Comments: One commenter suggested changing the definition of
``high-need LEA'' to include ``community violence,'' as they believe
that ``school violence'' is too limiting.
Discussion: The Department appreciates this comment, however,
[[Page 46581]]
there are other Federal, State, and local resources to address
community violence. The Department believes that this program should
focus on addressing the impact of violence that occurs at school and
directly disrupts the learning environment.
Changes: None.
Comments: One commenter suggested changing the definition of
``high-need LEA'' to remove the requirement that the LEA must have
experienced a traumatic event since January 1, 2025 or have received a
Project SERV grant. They contend that this is an arbitrary distinction
and does not account for the number of high-need LEAs or schools that
have experienced ongoing trauma or who did not apply for or receive a
Project SERV grant.
Discussion: The Department believes that these limited funds are
best used to support students most in need, including those recovering
from recent traumatic events, such as those who have received a Project
SERV grant. Also, to clarify, for LEAs that have not experienced a
traumatic event since January 1,2025, the LEAs may still meet the
definition of high-need LEAs if they have a ratio of students to school
psychologists that exceeds 500 students to 1 school psychologist and
high rates of school violence, poverty, substance use, suicide,
trafficking, or other adverse childhood experiences.
Changes: None.
Final Priorities
The Department establishes the following priorities for use in this
program. We may use one or more of these priorities in any year in
which this program is in effect.
Priority 1--Enhance SEA efforts to address shortages of school
psychologists in high-need LEAs.
To meet this priority, an SEA applicant must propose a project
designed to train and place school psychology graduate candidates into
high-need LEAs for the purpose of fulfilling requirements necessary to
complete a degree and obtain a license or certification as a
credentialed school psychologist.
Priority 2--Expand the capacity of high-need LEAs to address
shortages of school psychologists.
To meet this priority, the applicant must propose a project
designed to train and place school psychology graduate candidates into
high-need LEAs for the purpose of fulfilling requirements necessary to
complete a degree and obtain a license or certification as a
credentialed school psychologist.
Priority 3--Increase the number of credentialed school
psychologists available to deliver early intervention mental health
services and intensive mental health services in high-need LEAs.
To meet this priority, applicants must propose to increase the
number of credentialed school psychologists available to engage in:
(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.
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)).
Final Requirements
The Department establishes the following application and program
requirements for this program. We may apply one or more of these
requirements in any year in which the program is in effect.
Application Requirements
(a) SEA applicants must identify in their applications the specific
high-need LEAs that will benefit from the grant or describe how they
will identify and select the high-need LEAs that will benefit from the
grant.
(b) Applicants must describe in their applications a school-based
mental health partnership designed to train school psychology graduate
candidates and place them into participating high-need LEAs.
(c) Applicants must include in their applications the most recently
available data on the number of school psychologists in the high-need
LEA(s) and the projected number of school psychology graduate
candidates that will be trained and placed into employment in the
identified LEA(s) for each year of the plan using funds from this
grant.
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) 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.
(c) 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 applicants that are LEAs and consortia of LEAs
may not exceed five percent of the annual grant award.
(d) Applicants that receive an award under this program are
prohibited from using program funds for: (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
provide within six months of award a memorandum of understanding (MOU),
a memorandum of agreement (MOA), or letter of agreement documenting the
applicant's school-based mental health partnership, as defined in this
notice to the Department. The agreement must be signed by each entity's
authorized representative. The agreement must detail each entity's
roles and responsibilities in training and placing school psychology
graduate candidates into high-need LEAs to achieve the goals and
objectives of the project.
(f) 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 (a)(2)(B)(ii), the parent of a child participating in
such services
[[Page 46582]]
will be provided notice of initial and subsequent service delivery.
(g) Applicants that receive an award under this program must ensure
that any school psychologist or any school psychology graduate
candidate offering 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.
Final Definitions
The Secretary establishes the definitions of ``credentialed,''
``early intervention mental health services,'' ``eligible institution
of higher education partner,'' ``high-need LEA,'' ``intensive mental
health services,'' ``school psychology graduate candidate,'' ``school-
based mental health partnership,'' 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, and or brief
individualized interventions.
Eligible institution of higher education partner means an
institution of higher education as defined in 20 U.S.C. 1002 that
offers a program of study that leads to a master's degree or other
graduate degree in school psychology that prepares graduate candidates
for a State credential as a school psychologist.
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;
(b) having received a Project School Emergency Response to Violence
(SERV) grant from the U.S. Department of Education since October 1,
2020; or
(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.
School psychology graduate candidate means an individual who is (a)
pursuing a Master's degree, or State-recognized equivalent, in school
psychology and (b) will be eligible upon completion of the program for
a license or certification from a State or national credentialing
authority as a school psychologist approved by the State to deliver
school-based mental health services.
School-based mental health partnership is the formal relationship,
established for the purpose of training and placing school psychology
graduate candidates into high-need LEAs, between the eligible applicant
(one or more high-need LEAs or an SEA) and its partners, who must
include:
(a) One or more eligible institutions of higher education partners,
as defined in this notice, or
(b) One or more entities, recognized by the State, to train and
prepare school psychology graduate candidates for a school psychology
credential; or
(c) State entities such as Governors, State workforce development
agencies or boards, State vocational rehabilitation agencies, or State
higher education agencies.
Severability: If any provision of this NFP or its application to
any person, act, or practice is held invalid, the remainder of the NFP
or the application of its provisions to any other person, act, or
practice will not be affected thereby.
Executive Orders 12866, 13563, and 14192
Regulatory Impact Analysis: This regulatory action is not a
significant regulatory action subject to review by the Office of
Management and Budget under section 3(f) of Executive Order 12866. This
regulatory action is not considered an ``Executive Order 14192
regulatory action.'' We have also reviewed this regulatory action under
Executive Order 13563. We are issuing the priorities, requirements, and
definitions only on a reasoned determination that their benefits would
justify their 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 are 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 action 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 this regulatory action
would not have a significant economic impact on a substantial number of
small entities. The small entities that these 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 priorities, requirements, and definitions would be limited to
paperwork burden related to preparing an application and that the
benefits of the priorities, requirements, and definitions would
outweigh any costs incurred by the applicant.
[[Page 46583]]
Participation in this program is voluntary. For this reason, the
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: In the NPP, we explained that the proposed
priorities, requirements, and definitions contained information
collection requirements that are covered under OMB control number 1810-
0772 and that the priorities, requirements, and definitions did not
affect the currently approved data collection. Since publishing the
NPP, we have conducted a review of the final priorities, requirements,
and definitions and believe it would be most efficient to collect the
information associated with the priorities, requirements, and
definitions using the more broadly used, also approved Generic
Application Package for Departmental Generic Grant Programs (OMB
control number 1894-0006).
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, compact disc, or another 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 Department documents 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 Department documents 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.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-18893 Filed 9-26-25; 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 September 29, 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.