42 U.S.C. § 280h–7: Grants to improve trauma…

Summary

The Secretary of Education, working with the Assistant Secretary for Mental Health and Substance Use, can give grants, contracts, or cooperative agreements to state and local school agencies, Indian Tribes and their school agencies, Bureau of Indian Education schools, Regional Corporations, and Native Hawaiian educational organizations. The money is to help students get proven trauma supports and mental health care by linking schools with local trauma-informed and mental health systems. Awards can last up to 4 years. Funded work must use evidence-based activities, such as connecting schools with mental health providers for prevention, screening, referral, and treatment; schoolwide trauma-informed supports; training for teachers and school staff to create safe learning environments; services at full-service community schools; family and community outreach; technical help; program evaluation; and partnerships or subgrants with Head Start, preschools, and child care programs. Applicants must describe their plans, how services will be culturally and linguistically appropriate, how they will improve school climate, how providers will be trained, how families and school staff will be involved, how the program will link to existing school services, and which community partners or subgrantees will take part. Grant recipients must set up local agreements with other community agencies (early childhood programs, Head Start, juvenile justice, mental health, child welfare, etc.) that explain who pays, who does what, how quality and coordination will work, and how payments and disputes are handled. Up to 3 percent of each year’s funds will be used for an independent evaluation and for sharing best practices. Awards must be spread fairly across regions and among tribal, urban, suburban, and rural areas. The program does not stop school staff from reporting crimes or law enforcement from doing their jobs. Funds must add to, not replace, existing mental health services (including services under IDEA). The Secretary must consult with Indian Tribes about eligibility. Key defined terms include elementary school, secondary school, school, State and local educational agency, school leader, specialized instructional support personnel, evidence-based, Native Hawaiian educational organization, Regional Corporation, and Secretary (Secretary of Education). Congress authorized $50,000,000 for each fiscal year 2019 through 2023.

Title 42, §280h–7

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Grants, contracts, and cooperative agreements authorized

The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use, is authorized to award grants to, or enter into contracts or cooperative agreements with, State educational agencies, local educational agencies, Indian Tribes (as defined in section 5304 of title 25) or their tribal educational agencies, a school operated by the Bureau of Indian Education, a Regional Corporation, or a Native Hawaiian educational organization, for the purpose of increasing student access to evidence-based trauma support services and mental health care by developing innovative initiatives, activities, or programs to link local school systems with local trauma-informed support and mental health systems, including those under the Indian Health Service.

(b)Duration

With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 4 years.

(c)Use of funds

An entity that receives a grant, contract, or cooperative agreement under this section shall use amounts made available through such grant, contract, or cooperative agreement for evidence-based activities, which shall include any of the following:

(1)Collaborative efforts between school-based service systems and trauma-informed support and mental health service systems to provide, develop, or improve prevention, screening, referral, and treatment and support services to students, such as providing trauma screenings to identify students in need of specialized support.

(2)To implement schoolwide positive behavioral interventions and supports, or other trauma-informed models of support.

(3)To provide professional development to teachers, teacher assistants, school leaders, specialized instructional support personnel, and mental health professionals that—

(A)fosters safe and stable learning environments that prevent and mitigate the effects of trauma, including through social and emotional learning;

(B)improves school capacity to identify, refer, and provide services to students in need of trauma support or behavioral health services; or

(C)reflects the best practices for trauma-informed identification, referral, and support developed by the Task Force under section 7132.

(4)Services at a full-service community school that focuses on trauma-informed supports, which may include a full-time site coordinator, or other activities consistent with section 7275 of title 20.

(5)Engaging families and communities in efforts to increase awareness of child and youth trauma, which may include sharing best practices with law enforcement regarding trauma-informed care and working with mental health professionals to provide interventions, as well as longer term coordinated care within the community for children and youth who have experienced trauma and their families.

(6)To provide technical assistance to school systems and mental health agencies.

(7)To evaluate the effectiveness of the program carried out under this section in increasing student access to evidence-based trauma support services and mental health care.

(8)To establish partnerships with or provide subgrants to Head Start agencies (including Early Head Start agencies), public and private preschool programs, child care programs (including home-based providers), or other entities described in subsection (a), to include such entities described in this paragraph in the evidence-based trauma initiatives, activities, support services, and mental health systems established under this section in order to provide, develop, or improve prevention, screening, referral, and treatment and support services to young children and their families.

(d)Applications

To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity described in subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include the following:

(1)A description of the innovative initiatives, activities, or programs to be funded under the grant, contract, or cooperative agreement, including how such program will increase access to evidence-based trauma support services and mental health care for students, and, as applicable, the families of such students.

(2)A description of how the program will provide linguistically appropriate and culturally competent services.

(3)A description of how the program will support students and the school in improving the school climate in order to support an environment conducive to learning.

(4)An assurance that—

(A)persons providing services under the grant, contract, or cooperative agreement are adequately trained to provide such services; and

(B)teachers, school leaders, administrators, specialized instructional support personnel, representatives of local Indian Tribes or tribal organizations as appropriate, other school personnel, and parents or guardians of students participating in services under this section will be engaged and involved in the design and implementation of the services.

(5)A description of how the applicant will support and integrate existing school-based services with the program in order to provide mental health services for students, as appropriate.

(6)A description of the entities in the community with which the applicant will partner or to which the applicant will provide subgrants in accordance with subsection (c)(8).

(e)Interagency agreements

(1)Local interagency agreements

To ensure the provision of the services described in subsection (c), a recipient of a grant, contract, or cooperative agreement under this section, or their designee, shall establish a local interagency agreement among local educational agencies, agencies responsible for early childhood education programs, Head Start agencies (including Early Head Start agencies), juvenile justice authorities, mental health agencies, child welfare agencies, and other relevant agencies, authorities, or entities in the community that will be involved in the provision of such services.

(2)Contents

In ensuring the provision of the services described in subsection (c), the local interagency agreement shall specify with respect to each agency, authority, or entity that is a party to such agreement—

(A)the financial responsibility for the services;

(B)the conditions and terms of responsibility for the services, including quality, accountability, and coordination of the services; and

(C)the conditions and terms of reimbursement among such agencies, authorities, or entities, including procedures for dispute resolution.

(f)Evaluation

The Secretary shall reserve not more than 3 percent of the funds made available under subsection (l) for each fiscal year to—

(1)conduct a rigorous, independent evaluation of the activities funded under this section; and

(2)disseminate and promote the utilization of evidence-based practices regarding trauma support services and mental health care.

(g)Distribution of awards

The Secretary shall ensure that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the United States and among tribal, urban, suburban, and rural populations.

(h)Rule of construction

Nothing in this section shall be construed—

(1)to prohibit an entity involved with a program carried out under this section from reporting a crime that is committed by a student to appropriate authorities; or

(2)to prevent Federal, State, and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal, tribal, and State law to crimes committed by a student.

(i)Supplement, not supplant

Any services provided through programs carried out under this section shall supplement, and not supplant, existing mental health services, including any special education and related services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

(j)Consultation with Indian Tribes

In carrying out subsection (a), the Secretary shall, in a timely manner, meaningfully consult with Indian Tribes and their representatives to ensure notice of eligibility.

(k)Definitions

In this section: (1) Elementary school

(2)Evidence-based

The term “evidence-based” has the meaning given such term in section 7801(21)(A)(i) of title 20.

(3)Native Hawaiian educational organization

The term “Native Hawaiian educational organization” has the meaning given such term in section 7517 of title 20.

(4)Local educational agency

The term “local educational agency” has the meaning given such term in section 7801 of title 20.

(5)Regional Corporation

The term “Regional Corporation” has the meaning given the term in section 1602 of title 43).

(6)School

The term “school” means a public elementary school or public secondary school.

(7)School leader

The term “school leader” has the meaning given such term in section 7801 of title 20.

(8)Secondary school

The term “secondary school” has the meaning given such term in section 7801 of title 20.

(9)Secretary

The term “Secretary” means the Secretary of Education.

(10)Specialized instructional support personnel

The term “specialized instructional support personnel” has the meaning given such term in section 7801 of title 20.

(11)State educational agency

The term “State educational agency” has the meaning given such term in section 7801 of title 20.

(l)Authorization of appropriations

There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2019 through 2023.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7132, referred to in subsec. (c)(3)(C), is section 7132 of Pub. L. 115–271, title VII, Oct. 24, 2018, 132 Stat. 4046, which is not classified to the Code. The Individuals with Disabilities Education Act, referred to in subsec. (i), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. Codification Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.

§280h–7 Grants to Improve Trauma Support Services and Mental Health Care for Children and Youth in Educational Settings

Summary

Title 42, §280h–7

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata