S. 4618

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4618 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4618

To effectively staff the high-need public elementary schools and 
secondary schools of the United States with school-based mental health 
services providers.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 21, 2026

Mr. Merkley (for himself, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. 
Coons, Mr. Durbin, Mr. Fetterman, Mr. Heinrich, Ms. Hirono, Mr. Kaine, 
Mr. King, Ms. Klobuchar, Mr. Murphy, Mr. Padilla, Mr. Reed, Mrs. 
Shaheen, Ms. Smith, Mr. Van Hollen, and Mr. Wyden) introduced the 
following bill; which was read twice and referred to the Committee on 
Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To effectively staff the high-need public elementary schools and 
secondary schools of the United States with school-based mental health 
services providers.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Elementary and Secondary School 
Counseling Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Nearly one in 5 children ages 13 through 17 has been 
diagnosed with a mental, emotional, or behavioral health 
condition.
(2) According to data from the National Center for Health 
Statistics, in 2021 through 2023, 20 percent of adolescents in 
the United States ages 12 through 17 reported symptoms of 
anxiety in the preceding 2 weeks and 18 percent reported 
symptoms of depression in the preceding 2 weeks.
(3) 50 percent of all lifetime cases of mental illness 
begin by age 14. More than 50 percent of students with a mental 
health condition age 14 and older drop out of school, which is 
the highest school dropout rate of any disability group.
(4) Between 50 and 70 percent of youth in the juvenile 
justice system have a mental illness compared to 9 to 13 
percent of youth who are not in the juvenile justice system.
(5) Youth with access to mental health services in school-
based health centers are 10 times more likely to seek care for 
mental health or substance abuse than youth without access.
(6) The leading counseling, guidance, and mental health 
organizations, including the American School Counselor 
Association, the National Association of School Psychologists, 
the National Association of Social Workers, and the School 
Social Work Association of America, recommend that schools 
maintain--
(A) a maximum student to school counselor ratio of 
250 to 1;
(B) a maximum student to school psychologist ratio 
of 500 to 1; and
(C) a maximum student to school social worker ratio 
of 250 to 1.

SEC. 3. DEFINITIONS.

In this Act:
(1) ESEA definitions.--The terms ``elementary school'', 
``local educational agency'', ``secondary school'', ``State'', 
and ``State educational agency'' have the meanings given the 
terms in section 8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).
(2) High-need school.--The term ``high-need school'' has 
the meaning given the term in section 2211(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
(3) Outlying area.--The term ``outlying area'' means an 
outlying area specified in section 8101(36)(A) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801(36)(A)).
(4) School-based mental health services provider.--The term 
``school-based mental health services provider'' includes a 
State licensed or State certified school counselor, school 
psychologist, school social worker, community-based mental 
health provider organization, or other State licensed or 
certified mental health professional qualified under State law 
to provide mental health services to children and adolescents.
(5) Secretary.--The term ``Secretary'' means the Secretary 
of Education.

SEC. 4. GRANTS AND SUBGRANTS TO INCREASE ACCESS TO SCHOOL-BASED MENTAL 
HEALTH SERVICES PROVIDERS AT HIGH-NEED SCHOOLS.

(a) Reservations and Grants.--
(1) Reservations.--From the total amount made available 
under section 5 for a fiscal year, the Secretary shall 
reserve--
(A) one-half of 1 percent for the Secretary of the 
Interior for the activities described in subsection 
(e)(1) in schools operated or funded by the Bureau of 
Indian Education;
(B) one-half of 1 percent for allotments for the 
outlying areas to be distributed among the outlying 
areas on the basis of their relative need for 
assistance in carrying out the activities described in 
subsection (e)(1), as determined by the Secretary; and
(C) not more than 2 percent for the administration 
of this Act, and to provide technical assistance 
relating to this Act.
(2) Grants.--
(A) In general.--From the total amount made 
available under section 5 for a fiscal year and 
remaining after funds are reserved under paragraph (1) 
of this subsection, the Secretary shall award grants to 
States in accordance with subparagraph (B) to enable 
the States to award subgrants to local educational 
agencies in order to increase access to school-based 
mental health services providers at high-need schools 
served by the local educational agencies.
(B) Formula.--Subject to subparagraph (C), the 
Secretary shall award a grant to each State with an 
approved application under subsection (d) in an amount 
that bears the same relationship to the remaining 
amount described in subparagraph (A) as the amount such 
State received under part A of title I of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.), as determined on the basis of the 
most recent fiscal year for which data are available, 
bears to the amount received under such part (20 U.S.C. 
6311 et seq.) by all States with such an approved 
application, as so determined.
(C) Small state minimum.--No State receiving a 
grant under this paragraph shall receive less than one-
half of 1 percent of the total grant amount awarded 
under this paragraph.
(b) Duration.--An allotment awarded under this section shall be for 
a 5-year period and may be renewed for additional 5-year periods upon a 
showing of adequate progress on meeting the goals of the allotment, as 
determined by the Secretary.
(c) Matching Requirements.--In order to receive a grant under this 
Act, a State shall agree to provide matching funds, in an amount equal 
to 20 percent of the amount of the grant amount, toward the costs of 
the activities carried out under the grant.
(d) Application.--For any State desiring to receive a grant under 
this Act, the State educational agency shall submit an application at 
such time, in such manner, and containing such information as the 
Secretary may require. Each application shall include, at a minimum--
(1) an assurance that the State will use the allotment only 
for the activities described in subsection (e)(1);
(2) a description of how the State will award subgrants to 
local educational agencies under subsection (e);
(3) a description of how the State will disseminate, in a 
timely manner, information regarding the subgrants and the 
application process for such subgrants to local educational 
agencies; and
(4) the ratios, as of the date of application, of students 
to school-based mental health services providers in each public 
elementary school and secondary school in the State, in the 
aggregate and disaggregated to include--
(A) the ratios of students to school counselors, 
school psychologists, and school social workers; and
(B) as applicable, the ratios of students to other 
school-based mental health services providers not 
described in subparagraph (A), in the aggregate and 
disaggregated by type of provider.
(e) Subgrants.--
(1) In general.--A State receiving a grant under this Act 
shall use such grant to award subgrants, on a competitive 
basis, to local educational agencies in the State, to enable 
the local educational agencies to--
(A) recruit and retain school-based mental health 
services providers or contract with community mental 
health centers to work at high-need schools served by 
the local educational agency; and
(B) work toward effectively staffing the high-need 
schools served by the local educational agency with 
school-based mental health services providers, 
including by meeting the recommended maximum ratios 
of--
(i) 250 students per school counselor;
(ii) 500 students per school psychologist; 
and
(iii) 250 students per school social 
worker.
(2) Priority.--In awarding subgrants under this subsection, 
a State shall give priority to local educational agencies that 
serve a significant number of high-need schools.
(3) Application.--A local educational agency desiring a 
subgrant under this subsection shall submit an application to 
the applicable State at such time, in such manner, and 
containing such information as the State may require, including 
information on how the local educational agency will prioritize 
assisting high-need schools with the largest numbers or 
percentages of students from low-income families.
(f) Allotment and Subgrant Requirements.--
(1) Supplement, not supplant.--Amounts provided as a grant 
to a State or as a subgrant to a local educational agency under 
this section shall supplement, and not supplant, any other 
funds available to such State or local educational agency for 
school-based mental health services.
(2) Combining funds allowed.--A State receiving a grant 
under this section may combine funds made available under this 
section with State or local funds to carry out the activities 
described in subsection (e)(1).
(g) Reports.--
(1) Local educational agencies.--A local educational agency 
that receives a subgrant under this section shall submit an 
annual report to the State that awarded such subgrant on the 
activities carried out with the subgrant funds. Each such 
report shall--
(A) describe the activities carried out using 
subgrant funds;
(B) enumerate the number of school-based mental 
health services providers (in the aggregate and 
disaggregated by each type of provider listed in 
subsection (d)(4)) who--
(i) were employed by or otherwise served in 
high-need public elementary and secondary 
schools under the jurisdiction of the local 
educational agency for the year covered by the 
report; and
(ii) were supported with funds from the 
subgrant or matching funds during such year; 
and
(C) include the most recent student to school-based 
mental health services provider ratios listed in 
subsection (d)(4) for each high-need school under the 
jurisdiction of the local educational agency that was 
supported with the subgrant.
(2) State educational agencies.--A State receiving a grant 
under this section shall annually prepare and submit a report 
to the Secretary that--
(A) evaluates the progress made in achieving the 
recommended maximum student to school-based mental 
health services provider ratios described in subsection 
(e)(1)(B);
(B) includes the most recent student to provider 
ratios, in the aggregate and disaggregated as provided 
in subsection (d)(4), for public elementary schools and 
secondary schools in the State that were assisted with 
such allotment; and
(C) describes any other resources needed to meet 
the recommended maximum student to school-based mental 
health services provider ratios described in subsection 
(e)(1)(B).
(3) Public availability.--The Secretary shall--
(A) submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on 
Education and Workforce of the House of 
Representatives, each report received under paragraph 
(2); and
(B) make such reports available to the public, 
including through the website of the Department.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act--
(1) $5,000,000,000 for fiscal year 2027; and
(2) such sums as may be necessary for each succeeding 
fiscal year.
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