Title 42, The Public Health and WelfareRelease 119-110

§290bb–39a Best Practices for Behavioral and Mental Health Intervention Teams

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER III–A — SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part B — Centers and Programs › subpart 3 — center for mental health services › § 290bb–39a

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary of Health and Human Services, working through the Assistant Secretary for Mental Health and Substance Use and with input from the Secretary of Education, to send a report to the Senate Health, Education, Labor, and Pensions Committee and the House Energy and Commerce Committee about best ways to use behavioral and mental health intervention teams in K–12 schools and colleges. The report must look at the evidence behind those practices and, when appropriate, cover how teams can work well while protecting rights and privacy; how they can identify and help students whose behavior hurts learning or who may harm themselves or others; how teams can use proven interventions and get training; how teams should be made of trained, diverse experts who check each other’s work; and how teams can avoid unnecessary referrals to mental health services or police. The Secretary must consult many groups when making the report, including the Secretary of Education, the Director of the National Threat Assessment Center, the Attorney General, teachers and school leaders (including special education teachers), parents, local and campus law enforcement, privacy and civil rights experts, and mental health professionals. The report must be posted online in an accessible format. The law defines a behavioral and mental health intervention team as a trained, multi‑disciplinary group that finds, assesses, connects, and helps students with behavioral and mental health needs using evidence-based steps to reduce harm and support safe learning. It uses the usual legal meanings for terms like elementary school, secondary school, parent, and institution of higher education.

Full Legal Text

Title 42, §290bb–39a

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

(a)In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best practices related to using behavioral and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at school or who are at risk of harm to self or others.
(b)Elements
The report under subsection (a) shall assess evidence supporting such best practices and, as appropriate, include consideration of the following:
(1)How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals.
(2)The use of behavioral and mental health intervention teams—
(A)to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm to self or others; and
(B)to implement evidence-based interventions to meet the behavioral and mental health needs of such students.
(3)How behavioral and mental health intervention teams can—
(A)access evidence-based professional development to support students described in paragraph (2)(A); and
(B)ensure that such teams—
(i)are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and
(ii)use cross validation by a wide-range of individual perspectives on the team.
(4)How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs.
(c)Consultation
In carrying out subsection (a), the Secretary shall consult with—
(1)the Secretary of Education;
(2)the Director of the National Threat Assessment Center of the United States Secret Service;
(3)the Attorney General;
(4)teachers (which shall include special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including school-based mental health professionals), and parents of students;
(5)local law enforcement agencies and campus law enforcement administrators;
(6)privacy, disability, and civil rights experts; and
(7)other education and mental health professionals as the Secretary deems appropriate.
(d)Publication
The Secretary shall publish the report under subsection (a) in an accessible format on the internet website of the Department of Health and Human Services.
(e)Definitions
In this section: (1)
(2)The terms “elementary school”, “parent”, and “secondary school” have the meanings given to such terms in section 7801 of title 20.
(3)The term “institution of higher education” has the meaning given to such term in section 1002 of title 20.

Reference

Citations & Metadata

Citation

42 U.S.C. § 290bb–39a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110