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42 U.S.C. § 280h–7 — Grants to improve trauma support services and mental health care for children and youth in educational settings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants, contracts, and cooperative agreements authorized** The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use, is authorized to award grants to, or enter into contracts or cooperative agreements with, State educational agencies, local educational agencies, Indian Tribes (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)) or their tribal educational agencies, a school operated by the Bureau of Indian Education, a Regional Corporation, or a Native Hawaiian educational organization, for the purpose of increasing student access to evidence-based trauma support services and mental health care by developing innovative initiatives, activities, or programs to link local school systems with local trauma-informed support and mental health systems, including those under the Indian Health Service.
**(b) Duration** With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 4 years.
**(c) Use of funds** An entity that receives a grant, contract, or cooperative agreement under this section shall use amounts made available through such grant, contract, or cooperative agreement for evidence-based activities, which shall include any of the following:
(1) Collaborative efforts between school-based service systems and trauma-informed support and mental health service systems to provide, develop, or improve prevention, screening, referral, and treatment and support services to students, such as providing trauma screenings to identify students in need of specialized support.
(2) To impleme
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Source file: Laws/federal/codes/united-states-code/title-42/section-280h7-grants-to-improve-trauma-support-services-and-mental-health-care-for-chi--964589dd6c.md
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Source location: Title 42, Chapter 6A, § 280h–7; chapter-6a-public-health-service.md
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**(a) Grants, contracts, and cooperative agreements authorized** The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use, is authorized to award grants to, or enter into contracts or cooperative agreements with, State educational agencies, local educational agencies, Indian Tribes (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)) or their tribal educational agencies, a school operated by the Bureau of Indian Education, a Regional Corporation, or a Native Hawaiian educational organization, for the purpose of increasing student access to evidence-based trauma support services and mental health care by developing innovative initiatives, activities, or programs to link local school systems with local trauma-informed support and mental health systems, including those under the Indian Health Service.
**(b) Duration** With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 4 years.
**(c) Use of funds** An entity that receives a grant, contract, or cooperative agreement under this section shall use amounts made available through such grant, contract, or cooperative agreement for evidence-based activities, which shall include any of the following:
(1) Collaborative efforts between school-based service systems and trauma-informed support and mental health service systems to provide, develop, or improve prevention, screening, referral, and treatment and support services to students, such as providing trauma screenings to identify students in need of specialized support.
(2) To implement schoolwide positive behavioral interventions and supports, or other trauma-informed models of support.
(3) To provide professional development to teachers, teacher assistants, school leaders, specialized instructional support personnel, and mental health professionals that—
(A) fosters safe and stable learning environments that prevent and mitigate the effects of trauma, including through social and emotional learning;
(B) improves school capacity to identify, refer, and provide services to students in need of trauma support or behavioral health services; or
(C) reflects the best practices for trauma-informed identification, referral, and support developed by the Task Force under section 7132.
(4) Services at a full-service community school that focuses on trauma-informed supports, which may include a full-time site coordinator, or other activities consistent with [section 7275 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7275&num=0&edition=prelim).
(5) Engaging families and communities in efforts to increase awareness of child and youth trauma, which may include sharing best practices with law enforcement regarding trauma-informed care and working with mental health professionals to provide interventions, as well as longer term coordinated care within the community for children and youth who have experienced trauma and their families.
(6) To provide technical assistance to school systems and mental health agencies.
(7) To evaluate the effectiveness of the program carried out under this section in increasing student access to evidence-based trauma support services and mental health care.
(8) To establish partnerships with or provide subgrants to Head Start agencies (including Early Head Start agencies), public and private preschool programs, child care programs (including home-based providers), or other entities described in subsection (a), to include such entities described in this paragraph in the evidence-based trauma initiatives, activities, support services, and mental health systems established under this section in order to provide, develop, or improve prevention, screening, referral, and treatment and support services to young children and their families.
**(d) Applications** To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity described in subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include the following:
(1) A description of the innovative initiatives, activities, or programs to be funded under the grant, contract, or cooperative agreement, including how such program will increase access to evidence-based trauma support services and mental health care for students, and, as applicable, the families of such students.
(2) A description of how the program will provide linguistically appropriate and culturally competent services.
(3) A description of how the program will support students and the school in improving the school climate in order to support an environment conducive to learning.
(4) An assurance that—
(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to provide such services; and
(B) teachers, school leaders, administrators, specialized instructional support personnel, representatives of local Indian Tribes or tribal organizations as appropriate, other school personnel, and parents or guardians of students participating in services under this section will be engaged and involved in the design and implementation of the services.
(5) A description of how the applicant will support and integrate existing school-based services with the program in order to provide mental health services for students, as appropriate.
(6) A description of the entities in the community with which the applicant will partner or to which the applicant will provide subgrants in accordance with subsection (c)(8).
**(e) Interagency agreements**
(1) **Local interagency agreements** — To ensure the provision of the services described in subsection (c), a recipient of a grant, contract, or cooperative agreement under this section, or their designee, shall establish a local interagency agreement among local educational agencies, agencies responsible for early childhood education programs, Head Start agencies (including Early Head Start agencies), juvenile justice authorities, mental health agencies, child welfare agencies, and other relevant agencies, authorities, or entities in the community that will be involved in the provision of such services.
(2) **Contents** — In ensuring the provision of the services described in subsection (c), the local interagency agreement shall specify with respect to each agency, authority, or entity that is a party to such agreement—
(A) the financial responsibility for the services;
(B) the conditions and terms of responsibility for the services, including quality, accountability, and coordination of the services; and
(C) the conditions and terms of reimbursement among such agencies, authorities, or entities, including procedures for dispute resolution.
**(f) Evaluation** The Secretary shall reserve not more than 3 percent of the funds made available under subsection (l) for each fiscal year to—
(1) conduct a rigorous, independent evaluation of the activities funded under this section; and
(2) disseminate and promote the utilization of evidence-based practices regarding trauma support services and mental health care.
**(g) Distribution of awards** The Secretary shall ensure that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the United States and among tribal, urban, suburban, and rural populations.
**(h) Rule of construction** Nothing in this section shall be construed—
(1) to prohibit an entity involved with a program carried out under this section from reporting a crime that is committed by a student to appropriate authorities; or
(2) to prevent Federal, State, and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal, tribal, and State law to crimes committed by a student.
**(i) Supplement, not supplant** Any services provided through programs carried out under this section shall supplement, and not supplant, existing mental health services, including any special education and related services provided under the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.).
**(j) Consultation with Indian Tribes** In carrying out subsection (a), the Secretary shall, in a timely manner, meaningfully consult with Indian Tribes and their representatives to ensure notice of eligibility.
**(k) Definitions** In this section:
(1) **Elementary school** — The term “elementary school” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(2) **Evidence-based** — The term “evidence-based” has the meaning given such term in [section 7801(21)(A)(i) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801/21/A/i&num=0&edition=prelim).
(3) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” has the meaning given such term in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
(4) **Local educational agency** — The term “local educational agency” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(5) **Regional Corporation** — The term “Regional Corporation” has the meaning given the term in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)).11 So in original.
(6) **School** — The term “school” means a public elementary school or public secondary school.
(7) **School leader** — The term “school leader” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(8) **Secondary school** — The term “secondary school” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(9) **Secretary** — The term “Secretary” means the Secretary of Education.
(10) **Specialized instructional support personnel** — The term “specialized instructional support personnel” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(11) **State educational agency** — The term “State educational agency” has the meaning given such term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
**(l) Authorization of appropriations** There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2019 through 2023.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
**(a)** “Secretary” means the Secretary of the Interior;
**(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
**(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
**(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
**(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Community consultation** — The term “community consultation” means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) **Native Hawaiian organization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application requirements** An eligible entity desiring a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum, all of the following:
(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity—
(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and
(B) that is supported by effective practices.
(2) A description of the neighborhood that the eligible entity will serve.
(3) Measurable annual objectives and outcomes for the grant, in accordance with the metrics described in subsection (h), for each year of the grant.
(4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including—
(A) the size and scope of the population affected;
(B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were engaged in such analysis;
(C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher education;
(D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and
(E) any barriers the eligible entity, public agencies, and other community-based organizations have faced
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7275
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400
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