Notice2025-18900
School-Based Mental Health Grant Program
Primary source
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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 School-Based Mental Health Services (SBMH) Program, Assistance Listing Number (ALN) 84.184H. 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 target activities with the purpose of increasing 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 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 finalized the proposed priorities, requirements, and definitions in this notice.
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46567-46573]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18900]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2025-OESE-0152]
School-Based Mental Health Grant Program
AGENCY: U.S. Department of Education.
ACTION: Final priorities, requirements, and definitions.
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SUMMARY: The Department of Education (Department) announces final
priorities, requirements, and definitions under the School-Based Mental
Health Services (SBMH) Program, Assistance Listing Number (ALN)
84.184H. 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
target activities with the purpose of increasing 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 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 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#412e2432246f3222292e2e2d6f2c242f35202d6f2924202d35290124256f262e37"><span class="__cf_email__" data-cfemail="b4dbd1c7d19ac7d7dcdbdbd89ad9d1dac0d5d89adcd1d5d8c0dcf4d1d09ad3dbc2">[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:
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 33353). 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 SBMH program provides competitive grants to
State educational agencies (SEASs)(as 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 school-based mental health services
providers, specifically school psychologists, delivering mental health
services to students 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 2,400 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 changes to the
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.
Comments: Several commenters encouraged the Department to allow
Institutions of Higher Education (IHEs) to be eligible applicants in
this program. One commenter stated that IHEs would help address the
needs of high-need LEAs to employ and retain school psychologists by
creating partnerships and a workforce pipeline.
Discussion: This program is intended to address workforce shortages
by providing SEAs and LEAs with funds to recruit and retain
credentialed providers who are available to meet their immediate
workforce needs. Therefore, we think SEAs and LEAs are the most
appropriate recipients for these funds. This approach also meets the
Department's broader goal of returning education to States.
Changes: None.
Comments: One commenter noted that some applicants would benefit
from technical assistance on raising matching funds for the grant.
Discussion: Although this grant program historically required
matching funds to be eligible to apply, this is no longer required in
this program. However, the Department encourages
[[Page 46568]]
SEAs and LEAs to develop sustainable funding models for any mental
health services that are necessary to meet the needs of their students,
particularly those most in need of early intervention and intensive
mental health services.
Changes: None.
Priorities
Comments: Many commenters recommended that the Department revise
the priorities, requirements, and definitions, where applicable, to
include recruitment, retention, and respecialization of school
counselors, social workers, and other school-based mental health
service providers, 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, and are critical to
strengthening family-school partnerships. One commenter noted that the
definition of ``high-need LEA'' proposed in the NPP underscores the
need for a comprehensive, rather than narrowly specialized, response
from a range of providers. A few commenters also believe 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. Many commenters also 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. Additionally,
many commenters noted the prevalent school-based mental health
workforce shortages that would be alleviated by allowing a range of
professionals to be included in this program.
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 a 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.
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\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 G.C., Malas N.M., 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.
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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, training, reskilling, and retaining school
psychologists in rural areas. One commenter recommended that the
Department provide additional resources or incentives for developing
innovative approaches to training and retaining school psychologists in
rural areas, such as distance learning programs, stipends for
internships, or State-specific credentialing pathways that recognize
prior experience.
Discussion: We appreciate these comments highlighting the unique
challenges of rural LEAs. Rural LEAs can use this opportunity to
propose a project that creates or enhances innovative respecialization
and retention strategies to increase the number of available
credentialed school psychologists. We note 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 supported the use of funds to
exclusively focus on intensive mental health services, and one
commenter suggested not including mental health services at all, many
commenters recommended that the Department expand the focus of the
priorities, requirements, and definitions, where applicable from
focusing on early intervention and intensive mental health 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 mental health services. One commenter suggested that
Priority 3 specifically could be edited to replace ``intensive'' with
``comprehensive'' to broaden the focus. A few commenters encouraged the
Department to require that all projects or practices be ``evidence
based,'' which includes comprehensive approaches.
Discussion: The Department is prioritizing evidence-based early
intervention and intensive mental health services in this program to
maximize Federal funds to support mental health services for students
who need them. SEAs and LEAs can opt to use other available Federal,
State, or local funding to deliver universal or preventive approaches
that complement early intervention and intensive services provided
under this grant program.
Changes: None.
Comments: A few commenters recommended that the Department
explicitly 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
[[Page 46569]]
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.
Comments: Several commenters suggested that the Department refine
the requirements for the respecialization plan described in proposed
priority 4. Several commenters suggested that the Department specify
that respecialization should align with National Association of School
Psychologists standards and not be a substitute for a State credential.
Several commenters expressed concern that the requirement would
potentially allow respecialization in this context to be used as a
mechanism to lower the standards to become a school psychologist.
Additionally, a few commenters noted that respecialization will take a
long time and will delay care. One commenter recommended that the
Department consider expanding the language to encourage States to
examine and expand their current reciprocity policies to ensure
qualified professionals have pathways to licensure when relocating to
different States.
Discussion: We appreciate these comments. The Department believes
that respecialization plans are a strategy that should be available to
SEAs to address the current shortage of school psychologists. SEAs may
propose plans to create or enhance innovative approaches to
respecialization that simultaneously encourage professional retraining
and alternative pathways to obtain a State-license or State-
certification to increase the number of available credentialed school
psychologists while also maintaining high expectations for training and
quality for these credentialed professionals.
Changes: None.
Comment: One commenter recommended that the Department add a
competitive preference priority to award more points to current
grantees with a proven record of success.
Discussion: The Department encourages eligible applicants,
including current grantees, to apply for funding in any year in which a
Notice Inviting Applications (NIA) for this program is offered. The
Department does not establish or identify the type of priority
(Absolute, Competitive Preference, or Invitational) through an NFP but
separately in the NIA in which the priority is used.
Changes: None.
Requirements
Comments: 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 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 SBMH program funds
in ways that strayed from the original intent and purposes of the SBMH
program. For example, the 2022 Notice of Final Priorities for this
program (87 FR 60092 (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 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 SBMH program funds in ways that
strayed from the original intent and purposes of the SBMH program. For
example, the 2022 Notice of Final Priorities for this program (87 FR
60092 (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
[[Page 46570]]
the policy of the federal government regarding gender ideology.\5\
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\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.
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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''. This includes school-based
therapeutic settings. 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 SBMH 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: One commenter stated that Requirement (e), which requires
that 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, is not reasonable. The commenter encouraged approaches such
as respecialization of already licensed mental health professionals to
expedite training and hiring school-based mental health professionals.
Discussion: The Department believes, and has seen evidence from
past grantees, that 270 days from the grant award date is sufficient to
begin providing early intervention and intensive mental health services
to students most in need. Applicants that need more time to build their
workforce pipeline to provide services may wish to consider applying
for the Mental Health Service Professional Demonstration Program when
offered.
Changes: None.
Comments: None.
Discussion: Consistent with other Departmental regulatory actions,
the Department is including a severability clause within the NFP.
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.''
Comments: Although a few commenters supported the parental consent
processes described in Requirement (g), many commenters recommended
that the Department amend the requirement to allow SEAs and LEAs to
oversee or manage parental consent policies and practices, including
allowing for an ``opt-out'' approach for mental health services.
Discussion: The Department believes that parents are the primary
decision makers in their children's education and can make the best
choices for their children. As such, parents should be informed about
mental health services that their children might receive at school.
Changes: None.
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. One commenter
recommended that the definition be broadened to ``school psychological
services.''
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 early intervention
and intensive mental health services to ensure schools are providing
the necessary clinical mental health services that some students need
to support their academic success in school.
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, 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 recommended that the definition of
``recruit or recruitment'' include (1) creating or expanding mentor
programs; (2) providing continuing professional development or funds to
attend relevant continuing professional development opportunities; (3)
providing stipends for obtaining and maintaining the Nationally
Certified School Psychologist credential; and (4) supporting membership
in professional school psychology associations to ensure ongoing access
to collaborative networks, relevant resources, research, and tools to
support best practices in school psychology.''
Discussion: We appreciate these comments and note that the types of
activities suggested by the commenter are allowable recruitment and
retention strategies.
Changes: None.
Comments: One commenter recommended a revised definition of
``respecialization'' and provided text for consideration. Specifically,
the commenter recommended emphasizing that respecialization is a
systematic process that outlines specific strategies for retraining or
following an alternative pathway to a State-license or State-
certification. The commenter suggested strategies in addition to those
proposed, including incorporating prior training and preparation to
develop an individualized training program that would provide
supplemental coursework and experiences to qualify them for State
credentialing as a school psychologist. Additionally, the commenter
recommended allowing
[[Page 46571]]
grantees to use funds that help individuals to obtain and maintain
school psychology credentials.
Discussion: The Department believes that SEA applicants who receive
funding under this program can use sound judgement in determining the
best strategies to encourage respecialization to meet their need for
additional school psychologists.
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--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.
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.
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.
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)).
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 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.
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: (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.
[[Page 46572]]
Final Definitions
The Department establishes 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;
(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.
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.
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.
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.
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
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
[[Page 46573]]
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.
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. 2025-18900 Filed 9-26-25; 8:45 am]
BILLING CODE 4000-01-P
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