42 U.S.C. § 290bb–39a — Best practices for behavioral and mental health intervention teams

(a) In general The Secretary, through the Assistant Secretary for Mental Health and Substance Use and consulting the Secretary of Education, must submit a report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce identifying best practices for using behavioral and mental health intervention teams. Elementary schools, secondary schools, and colleges may use these practices if they voluntarily set up such teams to support students whose behavior interferes with learning at school or who risk harming themselves or others. (b) Elements The report must assess the evidence behind these best practices and, as appropriate, consider: (1) how the teams can operate effectively and objectively while protecting individuals' constitutional and civil rights and privacy; (2) using the teams to (A) identify and support students whose behavior interferes with learning or who risk harming themselves or others, and (B) apply evidence-based interventions to meet those students' behavioral and mental health needs; (3) how the teams can (A) access evidence-based professional development to support those students, and (B) make sure the teams (i) include trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability, and (ii) draw on cross-validation from a wide range of individual perspectives; and (4) how the teams can help reduce inappropriate referrals to mental health services or law enforcement by using evidence-based interventions that meet student needs. (c) Consultation In preparing the report, the Secretary must consult: (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the U.S. Secret Service; (3) the Attorney General; (4) teachers (including special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including school-based ones), and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy, disability, and civil rights experts; and (7) other education and mental health professionals the Secretary finds appropriate. (d) Publication The Secretary must publish the report in an accessible format on the Department of Health and Human Services' website. (e) Definitions (1) A "behavioral and mental health intervention team" is a multidisciplinary team of trained individuals who (A) are trained to identify and assess children's and youths' behavioral health needs and are responsible for identifying, supporting, and connecting students whose behavior interferes with learning, or who risk harming themselves or others, with appropriate behavioral health services, and (B) develop and help carry out evidence-based interventions to (i) reduce the threat of harm to self or others posed by such a student, (ii) meet that student's mental and behavioral health needs, and (iii) support positive, safe, and supportive learning environments. (2) "Elementary school," "parent," and "secondary school" have the meanings given in 20 U.S.C. § 7801. (3) "Institution of higher education" has the meaning given in 20 U.S.C. § 1002.