Library / Laws / 113th / s / S. 689 / Reported in Senate
II
Calendar No. 37
113th CONGRESS
1st Session
S. 689
IN THE SENATE OF THE UNITED STATES
April 9, 2013
Mr. Harkin (for himself,
Mr. Alexander, Mr. Franken, Mr.
Enzi, Mr. Bennet,
Ms. Murkowski, Ms. Baldwin, Mr.
Roberts, Mrs. Hagan,
Mr. Isakson, Mr. Murphy, and Mr.
Kirk) introduced the following bill; which was read twice and
referred to the Committee on Health,
Education, Labor, and Pensions
April 11, 2013
Reported by Mr. Harkin,
with an amendment
Strike out all after the enacting clause and insert
the part printed in italic
A BILL
To reauthorize and improve programs related to mental
health and substance use disorders.
1.
Short title
This Act may be cited as the
Mental Health Awareness and
Improvement Act of 2013.
I
Education
programs
101.
Short
title
This title may be cited
as the Achievement Through Prevention
Act.
102.
Purpose
The purpose of this title is to expand the
use of positive behavioral interventions and supports and early intervening
services in schools in order to improve student academic achievement, reduce
overidentification of individuals with disabilities, and reduce disciplinary
problems in schools.
103.
Amendments to
the Elementary and Secondary Education Act of 1965
(a)
Title I State
plans
Section 1111(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the
following:
(11)
Positive
behavioral interventions and supports
In the case of a State that
proposes to use funds under this part to support positive behavioral
interventions and supports, the State plan shall describe how the State
educational agency will—
(A) assist local
educational agencies in implementing positive behavioral interventions and
supports in schools served by the local educational agency on a whole-school
basis;
(B) provide technical
assistance and training to local educational agencies to improve and support
the development, implementation, and coordination of comprehensive positive
behavioral interventions and supports carried out under this Act with
activities carried out under the Individuals with Disabilities Education Act;
and
(C) evaluate the
effects of providing positive behavioral interventions and supports for all
students, including improvement of the learning environment, academic
achievement, disciplinary problems such as incidents of suspensions,
expulsions, referrals to law enforcement, and other actions that remove
students from instruction, and any other effects the State chooses to
evaluate.
(12)
Early
intervening services
In the case of a State that proposes to use
funds under this part to support early intervening services, the State plan
shall describe how the State educational agency will—
(A) assist local
educational agencies in implementing early intervening services in schools
served by the local educational agency to reduce the need to label children as
children with disabilities in order to address the learning and behavioral
needs of such children;
(B) provide technical
assistance and training to local educational agencies to improve coordination
of early intervening services provided under this Act with early intervening
services carried out under the Individuals with Disabilities Education Act;
and
(C) evaluate the
effects of providing early intervening services.
(13)
Crisis
management plans
In the case of a State that proposes to use
funds under this part to assist local educational agencies in the State in
periodically updating the crisis management plans, as described in section
4114(d)(7)(D), of such local educational agencies, the State plan shall
describe how the State educational agency will assist local educational
agencies in updating such crisis management
plans.
.
(b)
Title I State
reports
Section 1111(h)(1)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended—
(1) in clause (vii),
by striking and after the semicolon;
(2) in clause (viii),
by striking the period and inserting a semicolon; and
(3) by adding at the
end the following:
(ix) the number of
local educational agencies in the State that implement positive behavioral
interventions and supports;
(x) the number of
students—
(I) who are served
through the use of early intervening services; and
(II) who, in the
preceding 2-year period, received early intervening services and who, after
receiving such services, have been identified as eligible for, and receive,
special education and related services under part B of the Individuals with
Disabilities Education Act; and
(xi) the number of
local educational agencies in the State that implement school-based mental
health
programs.
.
(c)
Title I local
educational agency plans
Section 1112(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended—
(1) in subparagraph
(P), by striking and after the semicolon;
(2) in subparagraph
(Q), by striking the period and inserting a semicolon; and
(3) by adding at the
end the following:
(R) if the local
educational agency proposes to use subgrant funds under this part for positive
behavioral interventions and supports, a description of the actions the local
educational agency will take to provide positive behavioral interventions and
supports and coordinate those activities with activities carried out under the
Individuals with Disabilities Education Act;
(S) if the local
educational agency proposes to use subgrant funds under this part for early
intervening services, a description of the actions the local educational agency
will take to provide early intervening services and coordinate those services
with early intervening services carried out under the Individuals with
Disabilities Education Act;
(T) if the local
educational agency proposes to use subgrant funds under this part for
school-based mental health programs, a description of the actions the local
educational agency will take to provide school-based mental health programs and
coordinate those activities with activities carried out under the Individuals
with Disabilities Education Act; and
(U) if the local
educational agency proposes to use subgrant funds under this part for
periodically updating the crisis management plan of the local educational
agency, as described in section 4114(d)(7)(D), a description of the actions the
local educational agency will take to develop and implement an updated crisis
management
plan.
.
(d)
Title I
schoolwide programs
(1)
Schoolwide
programs
Section 1114(b)(1)(B)(iii)(I) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is
amended—
(A) in item (aa), by
inserting and school-based mental health programs after
services;
(B) by redesignating
items (bb) and (cc) as items (dd) and (ee), respectively; and
(C) by inserting after
item (aa) the following:
(bb) implementation of
schoolwide positive behavioral interventions and supports, including through
coordination with activities carried out under the Individuals with
Disabilities Education Act, in order to improve academic outcomes for students
and reduce the need for suspensions, expulsions, and other actions that remove
students from instruction;
(cc) implementation of
early intervening services, including through coordination with early
intervening services carried out under the Individuals with Disabilities
Education
Act;
.
(2)
Technical
assistance
Section 1116(b)(4)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(4)(B)) is amended—
(A) by redesignating
clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(B) by inserting after
clause (ii) the following:
(iii) shall include
assistance in the implementation of schoolwide positive behavior supports,
school-based mental health programs, and other approaches with evidence of
effectiveness for improving the learning environment in the school and reducing
the need for suspensions, expulsions, and other actions that remove students
from instruction, including effective strategies for improving coordination of
community
resources;
.
(e)
Title I
assessments and school improvement
(1)
School
improvement plan
Section 1116(b)(3)(A) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)(3)(A)) is amended—
(A) in clause (ix), by
striking and after the semicolon;
(B) in clause (x), by
striking the period and inserting a semicolon; and
(C) by adding at the
end the following:
(xi) specify whether
the local educational agency or the school will adopt and implement policies or
practices to implement or improve positive behavioral interventions and
supports and enhance coordination with activities carried out under the
Individuals with Disabilities Education Act;
(xii) specify whether
the local educational agency or the school will adopt and implement policies or
practices to implement or improve early intervening services and coordinate
with early intervening services carried out under such Act; and
(xiii) specify whether
the local educational agency or school will adopt and implement school-based
mental health programs and coordinate with programs carried out under such
Act.
.
(2)
Local
educational agency improvement plans
Section 1116(c)(10) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(10)) is
amended—
(A) in subparagraph
(B), by striking subparagraph (E) and inserting
subparagraph (F);
(B) by redesignating
subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
and
(C) by inserting after
subparagraph (C) the following:
(D)
Additional
activities
In addition to carrying out 1 or more of the
corrective actions required under subparagraph (C) for a local educational
agency, the State educational agency may also carry out 1 or more of the
following activities:
(i) Improving or
expanding positive behavioral interventions and supports and enhancing
coordination with activities under the Individuals with Disabilities Education
Act.
(ii) Improving or
expanding early intervening services and coordinating such services with early
intervening services carried out under the Individuals with Disabilities
Education
Act.
.
(f)
Title I school
support and recognition
(1)
Regional
centers
Section 1117(a)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6317(a)(3)) is amended—
(A) by striking
of 2002 and comprehensive and inserting of 2002,
comprehensive;
(B) by striking
and the comprehensive and inserting , the
comprehensive; and
(C) by inserting
and any technical assistance center on schoolwide positive behavioral
interventions and supports funded under section 665(b) of the Individuals with
Disabilities Education Act, after 2002),.
(2)
Statewide
systems for support
Section 1117(a)(5)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6317(a)(5)(B)) is amended—
(A) in clause (i), by
striking the semicolon at the end and inserting the following: “, including by
improving or expanding the use of positive behavioral interventions and
supports aligned with activities carried out under the Individuals with
Disabilities Education Act;”;
(B) in clause (iii),
by striking and after the semicolon;
(C) in clause (iv), by
striking the period and inserting a semicolon; and
(D) by adding at the
end the following:
(v) review and analyze
the school’s efforts to identify and assist students with poor academic
achievement and students who are children with disabilities, and assist the
school in developing or improving early intervening services that are
coordinated with activities carried out under the Individuals with Disabilities
Education Act;
(vi) review and
analyze the school’s efforts to address behavioral or disciplinary problems,
and assist the school in developing or improving schoolwide positive behavioral
interventions and supports that are coordinated with activities carried out
under the Individuals with Disabilities Education Act;
(vii) review the
number of discipline incidents in the school and use that information to assist
the school to implement schoolwide positive behavioral interventions and
supports or other early intervening services, or both; and
(viii) review and
analyze the school's efforts to address mental health needs among students and
assist the school in developing or improving school-based mental health
programs that are coordinated with activities carried out under the Individuals
with Disabilities Education
Act.
.
(g)
Title I parental
involvement
Section 1118(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6318(e)) is amended—
(1) by redesignating
paragraphs (6) through (14) as paragraphs (7) through (15), respectively;
and
(2) by inserting after
paragraph (5) the following:
(6) shall provide
information to school personnel, students, and parents about the school’s use
of positive behavioral interventions and supports, school-based mental health
programs, and the expectations of school personnel, students, and parents in
supporting a safe learning environment for all
students;
.
(h)
Prevention and
intervention programs
Section 1414(c)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by inserting
“, including coordinating the use of positive behavioral interventions and
supports, early intervening services, and school-based mental health programs
to improve academic achievement and reduce disciplinary actions” before the
semicolon at the end.
(i)
Technical
assistance
Section 1419 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6439) is amended—
(1) in paragraph (1),
by striking and after the semicolon;
(2) in paragraph (2),
by striking the period and inserting ; and; and
(3) by adding at the
end the following:
(3) to provide
technical assistance in implementing positive behavior interventions and
supports, early intervening services, and school-based mental health programs
in order to improve academic achievement and reduce disciplinary
actions.
.
(j)
Title II mental
health professional development
Section 2123 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6223) is amended—
(1) in subsection (a),
by inserting after paragraph (8) the following:
(9) Carrying out
in-service training for school personnel in—
(A) the techniques and
supports needed to identify children with trauma histories, and children with,
or at risk of, mental illness, early;
(B) the use of
referral mechanisms that effectively link such children to appropriate
treatment and intervention services in the school and in the community where
appropriate; and
(C) forming
partnerships between school-based mental health programs and public or private
mental health organizations.
;
(2) by redesignating
subsection (b) as subsection (c); and
(3) by inserting after
subsection (a) the following:
(b)
Liability
protection for school personnel
Section 2366 shall apply to
school personnel who received in-service training under subsection (a)(9), and
who are carrying out activities related to such training, in the same manner as
such section applies to
teachers.
.
(k)
School-based
mental health services partnership programs
Section 4121 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7131) is amended—
(1) in subsection
(a)—
(A) in the matter
preceding paragraph (1), by inserting , health (including mental
health), after promote safety;
(B) by redesignating
paragraphs (3) through (8) and (9) as paragraphs (4) through (9) and (11),
respectively;
(C) by inserting after
paragraph (2) the following:
(3) the development
and implementation of school-based mental health services partnership programs
under subsection
(c);
;
(D) by striking
paragraph (7), as redesignated by subparagraph (B), and inserting the
following:
(7)
(A) assistance to school systems that have
particularly severe drug and violence problems or assistance to support
appropriate response efforts to crisis situations, including—
(i) hiring drug prevention and school safety
coordinators; and
(ii) making available to students mental health
services, conflict resolution programs, and other school-based violence
prevention
strategies;
;
(E) in paragraph (9),
as redesignated by subparagraph (B), by striking and after the
semicolon; and
(F) by inserting after
such paragraph (9) the following:
(10) assistance to
States to help local educational agencies develop and implement comprehensive
emergency management plans; and
;
and
(2) by adding at the
end the following:
(c)
School-based
mental health services partnership programs
(1)
In
general
Each grant, contract, or cooperative agreement awarded or
entered into under subsection (a)(3) shall meet the requirements of this
subsection.
(2)
Eligibility
(A)
In
general
To be eligible to receive a grant, contract, or
cooperative agreement under this subsection, a local educational agency shall
enter into a school-based mental health partnership that—
(i) shall include a
public or private mental health entity or health care entity; and
(ii) may include a
child welfare agency, family-based mental health entity, family organization,
trauma network, or other community-based entity.
(B)
Flexibility for
certain local educational agencies
Notwithstanding subparagraph
(A), a local educational agency that is eligible for services under subpart 1
or 2 of part B of title VI, as determined by the Secretary, and that is unable
to partner with a public or private mental health entity or health care entity
shall be eligible for a grant under this subsection if the local educational
agency can demonstrate to the Secretary, in its application for a grant under
this subsection, that the local educational agency can otherwise build the
capacity to carry out the requirements of this subsection.
(3)
Application
A
local educational agency that desires a grant, contract, or cooperative
agreement under this subsection shall include, in the application required by
the Secretary, a description of how the local educational agency will—
(A) assist schools
served by the local educational agency to provide, through the school-based
mental health services partnership program, comprehensive school-based mental
health services and supports and comprehensive staff development for school and
community service personnel working in the school;
(B) provide technical
assistance and training to improve and support the development, implementation,
and coordination of school-based mental health programs and ensure such
programs are coordinated with activities carried out under the Individuals with
Disabilities Education Act; and
(C) evaluate the
effects of providing school-based mental health programs.
(4)
Use of
funds
A local educational agency receiving a grant, contract, or
cooperative agreement under this subsection shall use funds provided under such
grant, contract, or cooperative agreement to provide school-based mental health
services and supports that—
(A) may
include—
(i) the early
identification of social, emotional, or behavioral problems, or substance use
disorders, and the provision of early intervening services;
(ii) not withstanding
section 4154, the treatment or referral for treatment of students with social,
emotional, or behavioral health problems, or substance use disorders;
(iii) the development
and implementation of programs to assist children in dealing with trauma and
violence; and
(iv) the development
of mechanisms, based on best practices, for children to report incidents of
violence or plans by other children or adults to commit violence;
(B) are based on
trauma-informed and evidence-based practices;
(C) are coordinated,
where appropriate, with early intervening services carried out under the
Individuals with Disabilities Education Act; and
(D) are provided by
qualified mental and behavioral health professionals who are certified or
licensed by the State involved and practicing within their area of
expertise.
(5)
General
requirements
(A)
Parental
consent
(i)
In
general
Each local educational agency receiving a grant,
contract, or cooperative agreement under this subsection shall obtain prior
written, informed consent from the parent of each child who is under 18 years
of age to participate in any assessment service, program, activity, or
treatment that is—
(I) funded under this
subsection; and
(II) conducted in
connection with an elementary school or secondary school under the grant,
contract, or cooperative agreement.
(ii)
Exception
Notwithstanding
clause (i), the written, informed consent described in such clause shall not be
required in—
(I) an emergency,
where it is necessary to protect the immediate health and safety of the
student, other students, or school personnel; or
(II) other instances
where parental consent cannot reasonably be obtained, as defined by the
Secretary.
(B)
Prohibition on
mandatory medication
No child shall be required to obtain a
prescription for a substance covered by the Controlled Substances Act (21
U.S.C. 801 et seq.) as a condition of receiving an evaluation under this
subsection, receiving services under this subsection, or attending a school
receiving assistance under this subsection.
(C)
Privacy
Each
eligible entity receiving a grant under this subsection shall ensure that
student mental health records are accorded the privacy protections provided
under the regulations promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033)
and section 444 of the General Education Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the Federal Educational Rights and Privacy Act
of 1974).
(6)
Liability
protection for school personnel
Section 2366 shall apply to
school personnel providing services under a grant, contract, or cooperative
agreement under this subsection in the same manner as such section applies to
teachers.
(7)
Prohibition
against Federal mandates, direction, or control or Federal
regulation
In addition to the prohibition of Federal Government
control of a State, local educational agency, or school's curriculum or program
of instruction that is provided under section 9527(a), nothing in this
subsection shall be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State, local educational
agency, or school's specific instructional content or academic achievement
standards and
assessments.
.
(l)
Definition
Section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is
amended—
(1) by redesignating
paragraphs (17) through (43) as paragraphs (18) through (44), respectively;
and
(2) by inserting after
paragraph (16) the following:
(17)
Early
intervening services
The term early intervening
services means early intervening services described in section 613(f)(1)
of the Individuals with Disabilities Education
Act.
.
104.
Conforming
amendments
(a)
America COMPETES
Reauthorization Act of 2010
Section 553(d)(6) of the America
COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903) is amended by striking
section 9101(23) and inserting section
9101(24).
(b)
Higher Education
Act of 1965
Section 255(k) of the Higher Education Act of 1965 is
amended—
(1) in paragraph (1),
by striking section 9101(23)(B)(ii) and inserting section
9101(24)(B)(ii); and
(2) in paragraph (3),
by striking section 9101(23) and inserting section
9101(24).
(c)
Individuals with
Disabilities Education Act
Section 602(10) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(10)) is amended—
(1) in subparagraph
(C)(ii), by striking section 9101(23) and inserting
section 9101(24); and
(2) in each of clauses
(ii) and (iii) of subparagraph (D), by striking section
9101(23)(C)(ii) and inserting section
9101(24)(C)(ii).
II
Health
programs
201.
Garrett Lee
Smith Memorial Act reauthorization
(a)
Suicide
prevention technical assistance center
Section 520C of the Public
Health Service Act (42 U.S.C. 290bb–34) is amended—
(1) in the section
heading, by striking the section heading and inserting Suicide prevention technical assistance
center.;
(2) in subsection (a),
by striking and in consultation with and all that follows
through the period at the end of paragraph (2) and inserting shall
establish a research, training, and technical assistance resource center to
provide appropriate information, training, and technical assistance to States,
political subdivisions of States, federally recognized Indian tribes, tribal
organizations, institutions of higher education, public organizations, or
private nonprofit organizations regarding the prevention of suicide among all
ages, particularly among groups that are at high risk for
suicide.;
(3) by striking
subsections (b) and (c);
(4) by redesignating
subsection (d) as subsection (b);
(5) in subsection (b),
as so redesignated—
(A) by striking the
subsection heading and inserting Responsibilities of the center.;
(B) in the matter
preceding paragraph (1), by striking The additional research and
all that follows through nonprofit organizations for and
inserting The center established under subsection (a) shall conduct
activities for the purpose of;
(C) by striking
youth suicide each place such term appears and inserting
suicide;
(D) in paragraph
(1)—
(i) by striking
the development or continuation of and inserting
developing and continuing; and
(ii) by inserting
for all ages, particularly among groups that are at high risk for
suicide before the semicolon at the end;
(E) in paragraph (2),
by inserting for all ages, particularly among groups that are at high
risk for suicide before the semicolon at the end;
(F) in paragraph (3),
by inserting and tribal after statewide;
(G) in paragraph (5),
by inserting and prevention after
intervention;
(H) in paragraph (8),
by striking in youth;
(I) in paragraph (9),
by striking and behavioral health and inserting health
and substance use disorder; and
(J) in paragraph (10),
by inserting conducting before other; and
(6) by striking
subsection (e) and inserting the following:
(c)
Authorization of
appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated $4,948,000 for each of fiscal years
2014 through
2018.
.
(b)
Youth suicide
early intervention and prevention strategies
Section 520E of the
Public Health Service Act (42 U.S.C. 290bb–36) is amended—
(1) in paragraph (1)
of subsection (a) and in subsection (c), by striking substance
abuse each place such term appears and inserting substance use
disorder;
(2) in subsection
(b)(2)—
(A) by striking
each State is awarded only 1 grant or cooperative agreement under this
section and inserting a State does not receive more than 1 grant
or cooperative agreement under this section at any 1 time; and
(B) by striking
been awarded and inserting received; and
(3) by striking
subsection (m) and inserting the following:
(m)
Authorization of
appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated $29,682,000 for each of fiscal years
2014 through
2018.
.
(c)
Mental health
and substance use disorder services
Section 520E–2 of the Public
Health Service Act (42 U.S.C. 290bb–36b) is amended—
(1) in the section
heading, by striking and
behavioral health and inserting health and substance use disorder
services;
(2) in subsection
(a)—
(A) by striking
Services, and inserting Services and;
(B) by striking
and behavioral health problems and inserting health or
substance use disorders; and
(C) by striking
substance abuse and inserting substance use
disorders;
(3) in subsection
(b)—
(A) in the matter
preceding paragraph (1), by striking for— and inserting
for one or more of the following:; and
(B) by striking
paragraphs (1) through (6) and inserting the following:
(1) Educating
students, families, faculty, and staff to increase awareness of mental health
and substance use disorders.
(2) The operation of
hotlines.
(3) Preparing
informational material.
(4) Providing outreach
services to notify students about available mental health and substance use
disorder services.
(5) Administering
voluntary mental health and substance use disorder screenings and
assessments.
(6) Supporting the
training of students, faculty, and staff to respond effectively to students
with mental health and substance use disorders.
(7) Creating a network
infrastructure to link colleges and universities with health care providers who
treat mental health and substance use
disorders.
;
(4) in subsection
(c)(5), by striking substance abuse and inserting
substance use disorder;
(5) in subsection
(d)—
(A) in the matter
preceding paragraph (1), by striking An institution of higher education
desiring a grant under this section and inserting To be eligible
to receive a grant under this section, an institution of higher
education;
(B) in paragraph
(1)—
(i) by striking
and behavioral health and inserting health and substance
use disorder; and
(ii) by inserting
, including veterans whenever possible and appropriate, after
students; and
(C) in paragraph (2),
by inserting , which may include, as appropriate and in accordance with
subsection (b)(7), a plan to seek input from relevant stakeholders in the
community, including appropriate public and private entities, in order to carry
out the program under the grant before the period at the end;
(6) in subsection
(e)(1), by striking and behavioral health problems and inserting
health and substance use disorders;
(7) in subsection
(f)(2)—
(A) by striking
and behavioral health and inserting health and substance
use disorder; and
(B) by striking
suicide and substance abuse and inserting suicide and
substance use disorders; and
(8) in subsection (h),
by striking $5,000,000 for fiscal year 2005 and all that follows
through the period at the end and inserting $4,858,000 for each of
fiscal years 2014 through 2018..
202.
Mental health
awareness training grants
Section 520J of the Public Health Service
Act (42 U.S.C. 290bb–41) is amended—
(1) in the section
heading, by inserting Mental
health awareness before Training; and
(2) in subsection
(b)—
(A) in the subsection
heading, by striking illness and inserting
health;
(B) in paragraph (1),
by inserting and other categories of individuals, as determined by the
Secretary, after emergency services personnel;
(C) in paragraph
(5)—
(i) in the matter
preceding subparagraph (5), by striking to and inserting
for evidence-based programs for the purpose of; and
(ii) by striking
subparagraphs (A) through (C) and inserting the following:
(A) recognizing the
signs and symptoms of mental illness; and
(B)
(i) providing education to
personnel regarding resources available in the community for individuals with a
mental illness and other relevant resources; or
(ii) the safe
de-escalation of crisis situations involving individuals with a mental
illness.
;
and
(D) in paragraph (7),
by striking , $25,000,000 and all that follows through the
period at the end and inserting $20,000,000 for each of fiscal years
2014 through 2018.
203.
Children's
recovery from trauma
Section
582 of the Public Health Service Act (42 U.S.C. 290hh–1) is amended—
(1) in subsection (a),
by striking developing programs and all that follows and
inserting “developing and maintaining programs that provide for—
(1) the continued
operation of the National Child Traumatic Stress Initiative (referred to in
this section as the NCTSI), which includes a coordinating
center, that focuses on the mental, behavioral, and biological aspects of
psychological trauma response; and
(2) the development of
knowledge with regard to evidence-based practices for identifying and treating
mental, behavioral, and biological disorders of children and youth resulting
from witnessing or experiencing a traumatic
event.
;
(2) in subsection
(b)—
(A) by striking
subsection (a) related and inserting subsection (a)(2)
(related;
(B) by striking
treating disorders associated with psychological trauma and
inserting treating mental, behavioral, and biological disorders
associated with psychological trauma); and
(C) by striking
mental health agencies and programs that have established clinical and
basic research and inserting universities, hospitals, mental
health agencies, and other programs that have established clinical expertise
and research;
(3) by redesignating
subsections (c) through (g) as subsections (g) through (k),
respectively;
(4) by inserting after
subsection (b), the following:
(c)
Child outcome
data
The NCTSI coordinating center shall collect, analyze, and
report NCTSI-wide child treatment process and outcome data regarding the early
identification and delivery of evidence-based treatment and services for
children and families served by the NCTSI grantees.
(d)
Training
The
NCTSI coordinating center shall facilitate the coordination of training
initiatives in evidence-based and trauma-informed treatments, interventions,
and practices offered to NCTSI grantees, providers, and partners.
(e)
Dissemination
The
NCTSI coordinating center shall, as appropriate, collaborate with the Secretary
in the dissemination of evidence-based and trauma-informed interventions,
treatments, products and other resources to appropriate stakeholders.
(f)
Review
The
Secretary shall, consistent with the peer review process, ensure that NCTSI
applications are reviewed by appropriate experts in the field as part of a
consensus review process. The Secretary shall include review criteria related
to expertise and experience in child trauma and evidence-based
practices.
;
(5) in subsection (g)
(as so redesignated), by striking with respect to centers of excellence
are distributed equitably among the regions of the country and
inserting are distributed equitably among the regions of the United
States;
(6) in subsection (i)
(as so redesignated), by striking recipient may not exceed 5
years and inserting recipient shall not be less than 4 years,
but shall not exceed 5 years; and
(7) in subsection (j)
(as so redesignated), by striking $50,000,000 and all that
follows through 2006 and inserting $45,713,000 for each
of fiscal years 2014 through 2018.
204.
Assessing
barriers to behavioral health integration
(a)
In
general
Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit a report to
the Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives concerning
Federal requirements that impact access to treatment of mental health and
substance use disorders related to integration with primary care,
administrative and regulatory issues, quality measurement and accountability,
and data sharing.
(b)
Contents
The
report submitted under subsection (a) shall include the following:
(1) An evaluation of
the administrative or regulatory burden on behavioral healthcare
providers.
(2) The identification
of outcome and quality measures relevant to integrated health care, evaluation
of the data collection burden on behavioral healthcare providers, and any
alternative methods for evaluation.
(3) An analysis of the
degree to which electronic data standards, including interoperability and
meaningful use includes behavioral health measures, and an analysis of
strategies to address barriers to health information exchange posed by part 2
of title 42, Code of Federal Regulations.
(4) An analysis of the
degree to which Federal rules and regulations for behavioral and physical
health care are aligned, including recommendations to address any identified
barriers.
205.
Increasing
education and awareness of treatments for opioid use disorders
(a)
In
general
In order to improve the quality of care delivery and
treatment outcomes among patients with opioid use disorders, the Secretary of
Health and Human Services (referred to in this section as the
Secretary), acting through the Administrator for the Substance
Abuse and Mental Health Services Administration, may advance, through existing
programs as appropriate, the education and awareness of providers, patients,
and other appropriate stakeholders regarding all products approved by the Food
and Drug Administration to treat opioid use disorders.
(b)
Activities
The
activities described in subsection (a) may include—
(1) disseminating
evidence-based practices for the treatment of opioid use disorders;
(2) facilitating
continuing education programs for health professionals involved in treating
opioid use disorders;
(3) increasing
awareness among relevant stakeholders of the treatment of opioid use
disorders;
(4) assessing current
barriers to the treatment of opioid use disorders for patients and providers
and development and implementation of strategies to mitigate such barriers;
and
(5) continuing
innovative approaches to the treatment of opioid use disorders in various
treatment settings, such as prisons, community mental health centers, primary
care, and hospitals.
(c)
Report
Not
later than 1 year after the date of enactment of this Act, if the Secretary
carries out the activities under this section, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report that
examines—
(1) the activities the
Substance Abuse and Mental Health Services Administration conducts under this
section, including any potential impacts on health care costs associated with
such activities;
(2) the role of
adherence in the treatment of opioid use disorders and methods to reduce opioid
use disorders; and
(3) recommendations on
priorities and strategies to address co-occurring substance use disorders and
mental illnesses.
206.
Examining
mental health care for children
(a)
In
general
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct an independent
evaluation, and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of
Representatives, a report concerning the utilization of mental health services
for children, including the usage of psychotropic medications.
(b)
Content
The
report submitted under subsection (a) shall review and assess—
(1) the ways in which
children access mental health care, including information on whether children
are treated by primary care or specialty providers, what types of referrals for
additional care are recommended, and any barriers to accessing this
care;
(2) the extent to
which children are prescribed psychotropic medications in the United States
including the frequency of concurrent medication usage; and
(3) the tools,
assessments, and medications that are available and used to diagnose and treat
children with mental health disorders.
207.
Evidence based
practices for older adults
(a)
Geriatric
substance use disorders treatment
Section 509(e) of the Public
Health Service Act (42 U.S.C. 290bb-2(e)) is amended—
(1) by striking
The Secretary shall establish and inserting:
(1)
In
general
The Secretary shall
establish
;
and
(2) by adding at the
end the following:
(2)
Geriatric
substance use disorders treatment
The Secretary shall, as
appropriate, provide technical assistance to grantees regarding evidence-based
practices for the treatment of geriatric substance use disorders, as well as
disseminate information about such evidence-based practices to States and
nongrantees throughout the United
States.
.
(b)
Geriatric
substance use disorders prevention
Section 516(e) of the Public
Health Service Act (42 U.S.C. 290bb-22(e)) is amended—
(1) by striking
The Secretary shall establish and inserting:
(1)
In
general
The Secretary shall
establish
;
and
(2) by adding at the
end the following:
(2)
Geriatric
substance use disorders prevention
The Secretary shall, as
appropriate, provide technical assistance to grantees regarding evidence-based
practices for the prevention of geriatric substance use disorders, as well as
disseminate information about such evidence-based practices to States and
nongrantees throughout the United
States.
.
(c)
Geriatric mental
health disorders
Section 520A(e) of the Public Health Service Act
(42 U.S.C. 290bb-32(e)) is amended by adding at the end the following:
(3)
Geriatric mental
health disorders
The Secretary shall, as appropriate, provide
technical assistance to grantees regarding evidence-based practices for the
prevention and treatment of geriatric mental health disorders, as well as
disseminate information about such evidence-based practices to States and
nongrantees throughout the United
States.
.
208.
National
violent death reporting system
The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and Prevention,
is encouraged to improve, particularly through the inclusion of additional
States, the National Violent Death Reporting System as authorized by title III
of the Public Health Service Act. Participation in the system by the States
shall be voluntary.
209.
GAO study on
Virginia Tech recommendations
(a)
In
general
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct an independent
evaluation, and submit to the appropriate committees of Congress a report
concerning the status of implementation of recommendations made in the report
to the President, On Issues Raised by the Virginia Tech Tragedy, by the
Secretaries of Health and Human Services and Education and the Attorney General
of the United States, submitted to the President on June 13, 2007.
(b)
Content
The
report submitted to the committees of Congress under subsection (a) shall
review and assess—
(1) the extent to
which the recommendations in the report that include participation by the
Department of Health and Human Services were implemented;
(2) whether there are
any barriers to implementation of such recommendations; and
(3) identification of
any additional actions the Federal government can take to support States and
local communities and ensure that the Federal government and Federal law are
not obstacles to addressing at the community level—
(A) school violence;
and
(B) mental
illness.
1.
Short title
This Act may be cited as the
Mental Health Awareness and
Improvement Act of 2013.
I
Education
programs
101.
Short
title
This title may be cited
as the Achievement Through Prevention
Act.
102.
Purpose
The purpose of this title is to expand the
use of positive behavioral interventions and supports and early intervening
services in schools in order to improve student academic achievement, reduce
overidentification of individuals with disabilities, and reduce disciplinary
problems in schools.
103.
Amendments to the
Elementary and Secondary Education Act of 1965
(a)
Title I State
plans
Section 1111(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the
following:
(11)
Positive behavioral
interventions and supports
In the case of a State that proposes
to use funds under this part to support positive behavioral interventions and
supports, the State plan shall describe how the State educational agency
will—
(A) assist local educational
agencies in implementing positive behavioral interventions and supports in
schools served by the local educational agency on a whole-school basis;
(B) provide technical
assistance and training to local educational agencies to improve and support
the development, implementation, and coordination of comprehensive positive
behavioral interventions and supports carried out under this Act with
activities carried out under the Individuals with Disabilities Education Act;
and
(C) evaluate the effects of
providing positive behavioral interventions and supports for all students,
including improvement of the learning environment, academic achievement,
disciplinary problems such as incidents of suspensions, expulsions, referrals
to law enforcement, and other actions that remove students from instruction,
and any other effects the State chooses to evaluate.
(12)
Early intervening
services
In the case of a State that proposes to use funds under
this part to support early intervening services, the State plan shall describe
how the State educational agency will—
(A) assist local educational
agencies in implementing early intervening services in schools served by the
local educational agency to reduce the need to label children as children with
disabilities in order to address the learning and behavioral needs of such
children;
(B) provide technical
assistance and training to local educational agencies to improve coordination
of early intervening services provided under this Act with early intervening
services carried out under the Individuals with Disabilities Education Act;
and
(C) evaluate the effects of
providing early intervening services.
(13)
Crisis management
plans
In the case of a State that proposes to use funds under
this part to assist local educational agencies in the State in periodically
updating the crisis management plans, as described in section 4114(d)(7)(D), of
such local educational agencies, the State plan shall describe how the State
educational agency will assist local educational agencies in updating such
crisis management
plans.
.
(b)
Title I State
reports
Section 1111(h)(1)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended—
(1) in clause (vii), by
striking and after the semicolon;
(2) in clause (viii), by
striking the period and inserting a semicolon; and
(3) by adding at the end the
following:
(ix) the number of local
educational agencies in the State that implement positive behavioral
interventions and supports;
(x) the number of
students—
(I) who are served through
the use of early intervening services; and
(II) who, in the preceding
2-year period, received early intervening services and who, after receiving
such services, have been identified as eligible for, and receive, special
education and related services under part B of the Individuals with
Disabilities Education Act; and
(xi) the number of local
educational agencies in the State that implement school-based mental health
programs.
.
(c)
Title I local
educational agency plans
Section 1112(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended—
(1) in subparagraph (P), by
striking and after the semicolon;
(2) in subparagraph (Q), by
striking the period and inserting a semicolon; and
(3) by adding at the end the
following:
(R) if the local educational
agency proposes to use subgrant funds under this part for positive behavioral
interventions and supports, a description of the actions the local educational
agency will take to provide positive behavioral interventions and supports and
coordinate those activities with activities carried out under the Individuals
with Disabilities Education Act;
(S) if the local educational
agency proposes to use subgrant funds under this part for early intervening
services, a description of the actions the local educational agency will take
to provide early intervening services and coordinate those services with early
intervening services carried out under the Individuals with Disabilities
Education Act;
(T) if the local educational
agency proposes to use subgrant funds under this part for school-based mental
health programs, a description of the actions the local educational agency will
take to provide school-based mental health programs and coordinate those
activities with activities carried out under the Individuals with Disabilities
Education Act; and
(U) if the local educational
agency proposes to use subgrant funds under this part for periodically updating
the crisis management plan of the local educational agency, as described in
section 4114(d)(7)(D), a description of the actions the local educational
agency will take to develop and implement an updated crisis management
plan.
.
(d)
Title I schoolwide
programs
(1)
Schoolwide
programs
Section 1114(b)(1)(B)(iii)(I) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is
amended—
(A) in item (aa), by striking
and mentoring services and inserting mentoring services,
and school-based mental health programs;
(B) by redesignating items
(bb) and (cc) as items (dd) and (ee), respectively; and
(C) by inserting after item
(aa) the following:
(bb) implementation of
schoolwide positive behavioral interventions and supports, including through
coordination with activities carried out under the Individuals with
Disabilities Education Act, in order to improve academic outcomes for students
and reduce the need for suspensions, expulsions, and other actions that remove
students from instruction;
(cc) implementation of early
intervening services, including through coordination with early intervening
services carried out under the Individuals with Disabilities Education
Act;
.
(2)
Technical
assistance
Section 1116(b)(4)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(4)(B)) is amended—
(A) by redesignating clauses
(iii) and (iv) as clauses (iv) and (v), respectively; and
(B) by inserting after clause
(ii) the following:
(iii) shall include
assistance in the implementation of schoolwide positive behavioral
interventions and supports, school-based mental health programs, and other
approaches with evidence of effectiveness for improving the learning
environment in the school and reducing the need for suspensions, expulsions,
and other actions that remove students from instruction, including effective
strategies for improving coordination of community
resources;
.
(e)
Title I assessments and
school improvement
(1)
School improvement
plan
Section 1116(b)(3)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(3)(A)) is amended—
(A) in clause (ix), by
striking and after the semicolon;
(B) in clause (x), by
striking the period and inserting a semicolon; and
(C) by adding at the end the
following:
(xi) specify whether the
local educational agency or the school will adopt and implement policies or
practices to implement or improve positive behavioral interventions and
supports and enhance coordination with activities carried out under the
Individuals with Disabilities Education Act;
(xii) specify whether the
local educational agency or the school will adopt and implement policies or
practices to implement or improve early intervening services and coordinate
with early intervening services carried out under such Act; and
(xiii) specify whether the
local educational agency or school will adopt and implement school-based mental
health programs and coordinate with programs carried out under such
Act.
.
(2)
Local educational
agency improvement plans
Section 1116(c)(10) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(10)) is amended—
(A) in subparagraph (B), by
striking subparagraph (E) and inserting subparagraph
(F);
(B) by redesignating
subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
and
(C) by inserting after
subparagraph (C) the following:
(D)
Additional
activities
In addition to carrying out 1 or more of the
corrective actions required under subparagraph (C) for a local educational
agency, the State educational agency may also carry out 1 or more of the
following activities:
(i) Improving or expanding
positive behavioral interventions and supports and enhancing coordination with
activities under the Individuals with Disabilities Education Act.
(ii) Improving or expanding
early intervening services and coordinating such services with early
intervening services carried out under the Individuals with Disabilities
Education
Act.
.
(f)
Title I school support
and recognition
(1)
Regional
centers
Section 1117(a)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6317(a)(3)) is amended—
(A) by striking of
2002 and comprehensive and inserting of 2002,
comprehensive;
(B) by striking and
the comprehensive and inserting , the comprehensive;
and
(C) by inserting and
any technical assistance center on schoolwide positive behavioral interventions
and supports funded under section 665(b) of the Individuals with Disabilities
Education Act, after 2002),.
(2)
Statewide systems for
support
Section 1117(a)(5)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6317(a)(5)(B)) is amended—
(A) in clause (i), by
striking the semicolon at the end and inserting the following: “, including by
improving or expanding the use of positive behavioral interventions and
supports aligned with activities carried out under the Individuals with
Disabilities Education Act;”;
(B) in clause (iii), by
striking and after the semicolon;
(C) in clause (iv), by
striking the period and inserting a semicolon; and
(D) by adding at the end the
following:
(v) review and analyze the
school’s efforts to identify and assist students with poor academic achievement
and students who are children with disabilities, and assist the school in
developing or improving early intervening services that are coordinated with
activities carried out under the Individuals with Disabilities Education
Act;
(vi) review and analyze the
school’s efforts to address behavioral or disciplinary problems, and assist the
school in developing or improving schoolwide positive behavioral interventions
and supports that are coordinated with activities carried out under the
Individuals with Disabilities Education Act;
(vii) review the number of
discipline incidents in the school and use that information to assist the
school to implement schoolwide positive behavioral interventions and supports
or other early intervening services, or both; and
(viii) review and analyze the
school's efforts to address mental health needs among students and assist the
school in developing or improving school-based mental health programs that are
coordinated with activities carried out under the Individuals with Disabilities
Education
Act.
.
(g)
Title I parental
involvement
Section 1118(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6318(e)) is amended—
(1) by redesignating
paragraphs (6) through (14) as paragraphs (7) through (15), respectively;
and
(2) by inserting after
paragraph (5) the following:
(6) shall provide information
to school personnel, students, and parents about the school’s use of positive
behavioral interventions and supports, school-based mental health programs, and
the expectations of school personnel, students, and parents in supporting a
safe learning environment for all
students;
.
(h)
Prevention and
intervention programs
Section 1414(c)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by inserting
“, including coordinating the use of positive behavioral interventions and
supports, early intervening services, and school-based mental health programs
to improve academic achievement and reduce disciplinary actions” before the
semicolon at the end.
(i)
Technical
assistance
Section 1419 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6439) is amended—
(1) in paragraph (1), by
striking and after the semicolon;
(2) in paragraph (2), by
striking the period and inserting ; and; and
(3) by adding at the end the
following:
(3) to provide technical
assistance in implementing positive behavioral interventions and supports,
early intervening services, and school-based mental health programs in order to
improve academic achievement and reduce disciplinary
actions.
.
(j)
Title II mental health
professional development
Section 2123 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6623) is amended—
(1) in subsection (a), by
inserting after paragraph (8) the following:
(9) Carrying out in-service
training for school personnel in—
(A) the techniques and
supports needed to identify children with trauma histories, and children with,
or at risk of, mental illness, early;
(B) the use of referral
mechanisms that effectively link such children to appropriate treatment and
intervention services in the school and in the community where appropriate;
and
(C) forming partnerships
between school-based mental health programs and public or private mental health
organizations.
;
(2) by redesignating
subsection (b) as subsection (c); and
(3) by inserting after
subsection (a) the following:
(b)
Liability protection
for school personnel
Section 2366 shall apply to school personnel
who received in-service training under subsection (a)(9), and who are carrying
out activities related to such training, in the same manner as such section
applies to
teachers.
.
(k)
School-based mental
health services partnership programs
Section 4121 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7131) is amended—
(1) in subsection (a)—
(A) in the matter preceding
paragraph (1), by inserting , health (including mental health),
after promote safety;
(B) by redesignating
paragraphs (3) through (8) and (9) as paragraphs (4) through (9) and (11),
respectively;
(C) by inserting after
paragraph (2) the following:
(3) the development and
implementation of school-based mental health services partnership programs
under subsection
(c);
;
(D) by striking paragraph
(7), as redesignated by subparagraph (B), and inserting the following:
(7) assistance to school systems that have
particularly severe drug and violence problems or assistance to support
appropriate response efforts to crisis situations, including—
(A) hiring drug prevention and school safety
coordinators; and
(B) making available to students mental health
services, conflict resolution programs, and other school-based violence
prevention
strategies;
;
(E) in paragraph (9), as
redesignated by subparagraph (B), by striking and after the
semicolon; and
(F) by inserting after such
paragraph (9) the following:
(10) assistance to States to
help local educational agencies develop and implement comprehensive emergency
management plans; and
;
and
(2) by adding at the end the
following:
(c)
School-based mental
health services partnership programs
(1)
In
general
Each grant, contract, or cooperative agreement awarded or
entered into under subsection (a)(3) shall meet the requirements of this
subsection.
(2)
Eligibility
(A)
In
general
To be eligible to receive a grant, contract, or
cooperative agreement under this subsection, a local educational agency shall
enter into a school-based mental health partnership that—
(i) shall include a public or
private mental health entity or health care entity; and
(ii) may include a child
welfare agency, family-based mental health entity, family organization, trauma
network, or other community-based entity.
(B)
Flexibility for certain
local educational agencies
Notwithstanding subparagraph (A), a
local educational agency that is eligible for services under subpart 1 or 2 of
part B of title VI, as determined by the Secretary, and that is unable to
partner with a public or private mental health entity or health care entity
shall be eligible for a grant under this subsection if the local educational
agency can demonstrate to the Secretary, in its application for a grant under
this subsection, that the local educational agency can otherwise build the
capacity to carry out the requirements of this subsection.
(3)
Application
A
local educational agency that desires a grant, contract, or cooperative
agreement under this subsection shall include, in the application required by
the Secretary, a description of how the local educational agency will—
(A) assist schools served by
the local educational agency to provide, through the school-based mental health
services partnership program, comprehensive school-based mental health services
and supports and comprehensive staff development for school and community
service personnel working in the school;
(B) provide technical
assistance and training to improve and support the development, implementation,
and coordination of school-based mental health programs and ensure such
programs are coordinated with activities carried out under the Individuals with
Disabilities Education Act; and
(C) evaluate the effects of
providing school-based mental health programs.
(4)
Use of
funds
A local educational agency receiving a grant, contract, or
cooperative agreement under this subsection shall use funds provided under such
grant, contract, or cooperative agreement to provide school-based mental health
services and supports that—
(A) may include—
(i) the early identification
of social, emotional, or behavioral problems, or substance use disorders, and
the provision of early intervening services;
(ii) not withstanding section
4154, the treatment or referral for treatment of students with social,
emotional, or behavioral health problems, or substance use disorders;
(iii) the development and
implementation of programs to assist children in dealing with trauma and
violence; and
(iv) the development of
mechanisms, based on best practices, for children to report incidents of
violence or plans by other children or adults to commit violence;
(B) are based on
trauma-informed and evidence-based practices;
(C) are coordinated, where
appropriate, with early intervening services carried out under the Individuals
with Disabilities Education Act; and
(D) are provided by qualified
mental and behavioral health professionals who are certified or licensed by the
State involved and practicing within their area of expertise.
(5)
General
requirements
(A)
Parental
consent
(i)
In
general
Each local educational agency receiving a grant,
contract, or cooperative agreement under this subsection shall obtain prior
written, informed consent from the parent of each child who is under 18 years
of age to participate in any assessment service, program, activity, or
treatment that is—
(I) funded under this
subsection; and
(II) conducted in connection
with an elementary school or secondary school under the grant, contract, or
cooperative agreement.
(ii)
Exception
Notwithstanding
clause (i), the written, informed consent described in such clause shall not be
required in—
(I) an emergency, where it is
necessary to protect the immediate health and safety of the student, other
students, or school personnel; or
(II) other instances where
parental consent cannot reasonably be obtained, as defined by the
Secretary.
(B)
Prohibition on
mandatory medication
No child shall be required to obtain a
prescription for a substance covered by the Controlled Substances Act (21
U.S.C. 801 et seq.) as a condition of receiving an evaluation under this
subsection, receiving services under this subsection, or attending a school
receiving assistance under this subsection.
(C)
Privacy
Each
local educational agency receiving a grant, contract, or cooperative agreement
under this subsection shall ensure that student mental health records are
accorded the privacy protections provided under the regulations promulgated
under section 264(c) of the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104–191; 110 Stat. 2033) and section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the
Family Educational Rights and Privacy Act of 1974).
(6)
Liability protection
for school personnel
Section 2366 shall apply to school personnel
providing services under a grant, contract, or cooperative agreement under this
subsection in the same manner as such section applies to teachers.
(7)
Prohibition against
Federal mandates, direction, or control or Federal regulation
In
addition to the prohibition of Federal Government control of a State, local
educational agency, or school's curriculum or program of instruction that is
provided under section 9527(a), nothing in this subsection shall be construed
to authorize an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or school's specific
instructional content or academic achievement standards and
assessments.
.
(l)
Definition
Section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is
amended—
(1) by redesignating
paragraphs (17) through (43) as paragraphs (18) through (44), respectively;
and
(2) by inserting after
paragraph (16) the following:
(17)
Early intervening
services
The term early intervening services means
early intervening services described in section 613(f)(1) of the Individuals
with Disabilities Education
Act.
.
104.
Conforming
amendments
(a)
America COMPETES
Reauthorization Act of 2010
Section 553(d)(6) of the America
COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903(d)(6)) is amended by
striking section 9101(23) and inserting section
9101(24).
(b)
Higher Education Act of
1965
Section 255(k) of the Higher Education Act of 1965 is
amended—
(1) in paragraph (1), by
striking section 9101(23)(B)(ii) and inserting section
9101(24)(B)(ii); and
(2) in paragraph (3), by
striking section 9101(23) and inserting section
9101(24).
(c)
Individuals with
Disabilities Education Act
Section 602(10) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(10)) is amended—
(1) in subparagraph (C)(ii),
by striking section 9101(23) and inserting section
9101(24); and
(2) in each of clauses (ii)
and (iii) of subparagraph (D), by striking section
9101(23)(C)(ii) and inserting section
9101(24)(C)(ii).
II
Health programs
201.
Garrett Lee Smith
Memorial Act reauthorization
(a)
Suicide prevention
technical assistance center
Section 520C of the Public Health
Service Act (42 U.S.C. 290bb–34) is amended—
(1) in the section heading,
by striking the section heading and inserting Suicide prevention technical assistance
center.;
(2) in subsection (a), by
striking and in consultation with and all that follows through
the period at the end of paragraph (2) and inserting shall establish a
research, training, and technical assistance resource center to provide
appropriate information, training, and technical assistance to States,
political subdivisions of States, federally recognized Indian tribes, tribal
organizations, institutions of higher education, public organizations, or
private nonprofit organizations regarding the prevention of suicide among all
ages, particularly among groups that are at high risk for
suicide.;
(3) by striking subsections
(b) and (c);
(4) by redesignating
subsection (d) as subsection (b);
(5) in subsection (b), as so
redesignated—
(A) by striking the
subsection heading and inserting Responsibilities of the center.;
(B) in the matter preceding
paragraph (1), by striking The additional research and all that
follows through nonprofit organizations for and inserting
The center established under subsection (a) shall conduct activities for
the purpose of;
(C) by striking youth
suicide each place such term appears and inserting
suicide;
(D) in paragraph (1)—
(i) by striking the
development or continuation of and inserting developing and
continuing; and
(ii) by inserting for
all ages, particularly among groups that are at high risk for suicide
before the semicolon at the end;
(E) in paragraph (2), by
inserting for all ages, particularly among groups that are at high risk
for suicide before the semicolon at the end;
(F) in paragraph (3), by
inserting and tribal after statewide;
(G) in paragraph (5), by
inserting and prevention after
intervention;
(H) in paragraph (8), by
striking in youth;
(I) in paragraph (9), by
striking and behavioral health and inserting health and
substance use disorder; and
(J) in paragraph (10), by
inserting conducting before other; and
(6) by striking subsection
(e) and inserting the following:
(c)
Authorization of
appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated $4,948,000 for each of fiscal years
2014 through
2018.
.
(b)
Youth suicide early
intervention and prevention strategies
Section 520E of the Public
Health Service Act (42 U.S.C. 290bb–36) is amended—
(1) in paragraph (1) of
subsection (a) and in subsection (c), by striking substance
abuse each place such term appears and inserting substance use
disorder;
(2) in subsection
(b)(2)—
(A) by striking each
State is awarded only 1 grant or cooperative agreement under this
section and inserting a State does not receive more than 1 grant
or cooperative agreement under this section at any 1 time; and
(B) by striking been
awarded and inserting received; and
(3) by striking subsection
(m) and inserting the following:
(m)
Authorization of
appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated $29,682,000 for each of fiscal years
2014 through
2018.
.
(c)
Mental health and
substance use disorder services
Section 520E–2 of the Public
Health Service Act (42 U.S.C. 290bb–36b) is amended—
(1) in the section heading,
by striking and behavioral
health and inserting health and substance use disorder
services;
(2) in subsection (a)—
(A) by striking
Services, and inserting Services and;
(B) by striking and
behavioral health problems and inserting health or substance use
disorders; and
(C) by striking
substance abuse and inserting substance use
disorders;
(3) in subsection (b)—
(A) in the matter preceding
paragraph (1), by striking for— and inserting for one or
more of the following:; and
(B) by striking paragraphs
(1) through (6) and inserting the following:
(1) Educating students,
families, faculty, and staff to increase awareness of mental health and
substance use disorders.
(2) The operation of
hotlines.
(3) Preparing informational
material.
(4) Providing outreach
services to notify students about available mental health and substance use
disorder services.
(5) Administering voluntary
mental health and substance use disorder screenings and assessments.
(6) Supporting the training
of students, faculty, and staff to respond effectively to students with mental
health and substance use disorders.
(7) Creating a network
infrastructure to link colleges and universities with health care providers who
treat mental health and substance use
disorders.
;
(4) in subsection (c)(5), by
striking substance abuse and inserting substance use
disorder;
(5) in subsection (d)—
(A) in the matter preceding
paragraph (1), by striking An institution of higher education desiring a
grant under this section and inserting To be eligible to receive
a grant under this section, an institution of higher education;
(B) in paragraph (1)—
(i) by striking and
behavioral health and inserting health and substance use
disorder; and
(ii) by inserting ,
including veterans whenever possible and appropriate, after
students; and
(C) in paragraph (2), by
inserting , which may include, as appropriate and in accordance with
subsection (b)(7), a plan to seek input from relevant stakeholders in the
community, including appropriate public and private entities, in order to carry
out the program under the grant before the period at the end;
(6) in subsection (e)(1), by
striking and behavioral health problems and inserting
health and substance use disorders;
(7) in subsection
(f)(2)—
(A) by striking and
behavioral health and inserting health and substance use
disorder; and
(B) by striking
suicide and substance abuse and inserting suicide and
substance use disorders; and
(8) in subsection (h), by
striking $5,000,000 for fiscal year 2005 and all that follows
through the period at the end and inserting $4,858,000 for each of
fiscal years 2014 through 2018..
202.
Mental health
awareness training grants
Section 520J of the Public Health Service
Act (42 U.S.C. 290bb–41) is amended—
(1) in the section heading,
by inserting Mental health
awareness before Training; and
(2) in subsection (b)—
(A) in the subsection
heading, by striking illness and inserting
health;
(B) in paragraph (1), by
inserting and other categories of individuals, as determined by the
Secretary, after emergency services personnel;
(C) in paragraph (5)—
(i) in the matter preceding
subparagraph (A), by striking to and inserting for
evidence-based programs for the purpose of; and
(ii) by striking
subparagraphs (A) through (C) and inserting the following:
(A) recognizing the signs and
symptoms of mental illness; and
(B)
(i) providing education
to personnel regarding resources available in the community for individuals
with a mental illness and other relevant resources; or
(ii) the safe de-escalation
of crisis situations involving individuals with a mental
illness.
;
and
(D) in paragraph (7), by
striking , $25,000,000 and all that follows through the period
at the end and inserting $20,000,000 for each of fiscal years 2014
through 2018.
203.
Children's recovery
from trauma
Section 582 of the
Public Health Service Act (42 U.S.C. 290hh–1) is amended—
(1) in subsection (a), by
striking developing programs and all that follows and inserting
“developing and maintaining programs that provide for—
(1) the continued operation
of the National Child Traumatic Stress Initiative (referred to in this section
as the NCTSI), which includes a coordinating center, that
focuses on the mental, behavioral, and biological aspects of psychological
trauma response; and
(2) the development of
knowledge with regard to evidence-based practices for identifying and treating
mental, behavioral, and biological disorders of children and youth resulting
from witnessing or experiencing a traumatic
event.
;
(2) in subsection (b)—
(A) by striking
subsection (a) related and inserting subsection (a)(2)
(related;
(B) by striking
treating disorders associated with psychological trauma and
inserting treating mental, behavioral, and biological disorders
associated with psychological trauma); and
(C) by striking mental
health agencies and programs that have established clinical and basic
research and inserting universities, hospitals, mental health
agencies, and other programs that have established clinical expertise and
research;
(3) by redesignating
subsections (c) through (g) as subsections (g) through (k),
respectively;
(4) by inserting after
subsection (b), the following:
(c)
Child outcome
data
The NCTSI coordinating center shall collect, analyze, and
report NCTSI-wide child treatment process and outcome data regarding the early
identification and delivery of evidence-based treatment and services for
children and families served by the NCTSI grantees.
(d)
Training
The
NCTSI coordinating center shall facilitate the coordination of training
initiatives in evidence-based and trauma-informed treatments, interventions,
and practices offered to NCTSI grantees, providers, and partners.
(e)
Dissemination
The
NCTSI coordinating center shall, as appropriate, collaborate with the Secretary
in the dissemination of evidence-based and trauma-informed interventions,
treatments, products and other resources to appropriate stakeholders.
(f)
Review
The
Secretary shall, consistent with the peer review process, ensure that NCTSI
applications are reviewed by appropriate experts in the field as part of a
consensus review process. The Secretary shall include review criteria related
to expertise and experience in child trauma and evidence-based
practices.
;
(5) in subsection (g) (as so
redesignated), by striking with respect to centers of excellence are
distributed equitably among the regions of the country and inserting
are distributed equitably among the regions of the United
States;
(6) in subsection (i) (as so
redesignated), by striking recipient may not exceed 5 years and
inserting recipient shall not be less than 4 years, but shall not exceed
5 years; and
(7) in subsection (j) (as so
redesignated), by striking $50,000,000 and all that follows
through 2006 and inserting $45,713,000 for each of fiscal
years 2014 through 2018.
204.
Assessing barriers to
behavioral health integration
(a)
In
general
Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit a report to
the Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives concerning
Federal requirements that impact access to treatment of mental health and
substance use disorders related to integration with primary care,
administrative and regulatory issues, quality measurement and accountability,
and data sharing.
(b)
Contents
The
report submitted under subsection (a) shall include the following:
(1) An evaluation of the
administrative or regulatory burden on behavioral healthcare providers.
(2) The identification of
outcome and quality measures relevant to integrated health care, evaluation of
the data collection burden on behavioral healthcare providers, and any
alternative methods for evaluation.
(3) An analysis of the degree
to which electronic data standards, including interoperability and meaningful
use includes behavioral health measures, and an analysis of strategies to
address barriers to health information exchange posed by part 2 of title 42,
Code of Federal Regulations.
(4) An analysis of the degree
to which Federal rules and regulations for behavioral and physical health care
are aligned, including recommendations to address any identified
barriers.
205.
Increasing education
and awareness of treatments for opioid use disorders
(a)
In
general
In order to improve the quality of care delivery and
treatment outcomes among patients with opioid use disorders, the Secretary of
Health and Human Services (referred to in this section as the
Secretary), acting through the Administrator for the Substance
Abuse and Mental Health Services Administration, may advance, through existing
programs as appropriate, the education and awareness of providers, patients,
and other appropriate stakeholders regarding all products approved by the Food
and Drug Administration to treat opioid use disorders.
(b)
Activities
The
activities described in subsection (a) may include—
(1) disseminating
evidence-based practices for the treatment of opioid use disorders;
(2) facilitating continuing
education programs for health professionals involved in treating opioid use
disorders;
(3) increasing awareness
among relevant stakeholders of the treatment of opioid use disorders;
(4) assessing current
barriers to the treatment of opioid use disorders for patients and providers
and development and implementation of strategies to mitigate such barriers;
and
(5) continuing innovative
approaches to the treatment of opioid use disorders in various treatment
settings, such as prisons, community mental health centers, primary care, and
hospitals.
(c)
Report
Not
later than 1 year after the date of enactment of this Act, if the Secretary
carries out the activities under this section, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report that
examines—
(1) the activities the
Substance Abuse and Mental Health Services Administration conducts under this
section, including any potential impacts on health care costs associated with
such activities;
(2) the role of adherence in
the treatment of opioid use disorders and methods to reduce opioid use
disorders; and
(3) recommendations on
priorities and strategies to address co-occurring substance use disorders and
mental illnesses.
206.
Examining mental
health care for children
(a)
In
general
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct an independent
evaluation, and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of
Representatives, a report concerning the utilization of mental health services
for children, including the usage of psychotropic medications.
(b)
Content
The
report submitted under subsection (a) shall review and assess—
(1) the ways in which
children access mental health care, including information on whether children
are treated by primary care or specialty providers, what types of referrals for
additional care are recommended, and any barriers to accessing this
care;
(2) the extent to which
children are prescribed psychotropic medications in the United States including
the frequency of concurrent medication usage; and
(3) the tools, assessments,
and medications that are available and used to diagnose and treat children with
mental health disorders.
207.
Evidence based
practices for older adults
Section 520A(e) of the Public Health Service
Act (42 U.S.C. 290bb-32(e)) is amended by adding at the end the
following:
(3)
Geriatric mental health
disorders
The Secretary shall, as appropriate, provide technical
assistance to grantees regarding evidence-based practices for the prevention
and treatment of geriatric mental health disorders and co-occurring mental
health and substance use disorders among geriatric populations, as well as
disseminate information about such evidence-based practices to States and
nongrantees throughout the United
States.
.
208.
National violent death
reporting system
The Secretary
of Health and Human Services, acting through the Director of the Centers for
Disease Control and Prevention, is encouraged to improve, particularly through
the inclusion of additional States, the National Violent Death Reporting System
as authorized by title III of the Public Health Service Act. Participation in
the system by the States shall be voluntary.
209.
GAO study on Virginia
Tech recommendations
(a)
In
general
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct an independent
evaluation, and submit to the appropriate committees of Congress a report
concerning the status of implementation of recommendations made in the report
to the President, On Issues Raised by the Virginia Tech Tragedy, by the
Secretaries of Health and Human Services and Education and the Attorney General
of the United States, submitted to the President on June 13, 2007.
(b)
Content
The
report submitted to the committees of Congress under subsection (a) shall
review and assess—
(1) the extent to which the
recommendations in the report that include participation by the Department of
Health and Human Services were implemented;
(2) whether there are any
barriers to implementation of such recommendations; and
(3) identification of any
additional actions the Federal government can take to support States and local
communities and ensure that the Federal government and Federal law are not
obstacles to addressing at the community level—
(A) school violence;
and
(B) mental illness.
April 11, 2013
Reported with an amendment