Npp

2022-16556NPPMHSP84.184X.pdf

Mental Health Service Professional Demonstration Grant Program Application

NPP

OMB: 1810-0772

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 1810-0772 can be found here:

2022-10-04 - New collection (Request for a new OMB Control Number)

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A Federal agency may not conduct or
sponsor a collection of information
unless OMB approves the collection
under the PRA and the corresponding
information collection instrument
displays a currently valid OMB control
number. Notwithstanding any other
provision of the law, no person is
required to comply with, or is subject to
penalty for failure to comply with, a
collection of information if the
collection instrument does not display a
currently valid OMB control number.
In the notice of final priorities,
requirements, and definitions we will
display the control number assigned by
OMB to any information collection
proposed in this document and adopted
in the notice of final priorities,
requirements, and definitions.
For the years that the Department
holds an SBMH Program competition,
we estimate 300 applicants will apply
and submit an application based on
prior competitions for the program. We
estimate that it will take each applicant
40 hours to complete and submit the
application, including time for
reviewing instructions, searching
existing data sources, gathering and

maintaining the data needed, and
completing and reviewing the collection
of information. The total burden hour
estimate for this collection is 12,000
hours. At $95.46 per hour (using mean
wages for Education and Childcare
Administrators 15 and assuming the total
cost of labor, including benefits and
overhead, is equal to 200 percent of the
mean wage rate), the total estimated cost
for 300 applicants to complete the
SBMH Program application is
approximately $1,145,520.
The Department is requesting
paperwork clearance on the OMB
1810–xxxx data collection associated
with this proposed requirement. That
request will account for all burden
hours and costs discussed within this
section.
Consistent with 5 CFR 1320.8(d), the
Department is soliciting comments on
the information collection through this
document. Between 30 and 60 days after
publication of this document in the
Federal Register, OMB is required to
make a decision concerning the
collections of information contained in
these proposed priorities, requirements,
and definitions. Therefore, to ensure

that OMB gives your comments full
consideration, it is important that OMB
receives your comments on this
Information Collection Request by
September 1, 2022.
Comments related to the information
collection activities must be submitted
electronically through the Federal
eRulemaking Portal at
www.regulations.gov by selecting the
Docket ID number ED–2022–OESE–
XXXX or via postal mail, commercial
delivery, or hand delivery by
referencing the Docket ID number and
the title of the information collection
request at the top of your comment.
Comments submitted by postal mail or
delivery should be addressed to the PRA
Coordinator of the Strategic Collections
and Clearance Governance and Strategy
Division, U.S. Department of Education,
400 Maryland Ave. SW, LBJ, Room
6W208D, Washington, DC 20202–8240.
Note: The Office of Information and
Regulatory Affairs and the Department
review all comments related to the
information collection activities posted
at www.regulations.gov.
Collection of Information

Information collection activity

Estimated
number of
responses

Hours per
response

Total
estimated
burden hours

Estimated
cost at an
hourly rate
of $95.46

School-Based Mental Health Services Grant Application ...............................

300

12,000

$1,145,520

text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit

your search to documents published by
the Department.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and
Programs, Office of Elementary and
Secondary Education.
[FR Doc. 2022–16557 Filed 8–1–22; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION
RIN 1810–AB67

34 CFR Chapter II
[Docket ID ED–2022–OESE–0094]

Proposed Priorities, Requirements,
and Definitions—Mental Health Service
Professional Demonstration Grant
Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities,
requirements, and definitions.
AGENCY:

www.bls.gov/oes/current/oes_nat.htm.

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Federal Register / Vol. 87, No. 147 / Tuesday, August 2, 2022 / Proposed Rules

The Department of Education
(Department) proposes priorities,
requirements, and definitions under the
Mental Health Service Professional
Demonstration Grant Program,
Assistance Listing Number 84.184X. We
may use one or more of these priorities,
requirements, and definitions for
competitions in fiscal year (FY) 2022
and later years. We propose priorities,
requirements, and definitions designed
to provide competitive grants to support
and demonstrate innovative
partnerships to train school-based
mental health services providers (as
defined in section 4102 of the
Elementary and Secondary Education
Act of 1965, as amended (ESEA)) for
employment in schools and local
educational agencies (LEAs). The goal of
the program is to increase the number
of high-quality, trained providers to
address the shortages of mental health
services professionals in schools served
by high-need LEAs.
DATES: We must receive your comments
on or before September 1, 2022.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at www.regulations.gov. However,
if you require an accommodation or
cannot otherwise submit your
comments via regulations.gov, please
contact the program contact person
listed under FOR FURTHER INFORMATION
CONTACT. The Department will not
accept comments by fax or by email, or
comments submitted after the comment
period closes. To ensure that the
Department does not receive duplicate
copies, please submit your comments
only once. In addition, please include
the Docket ID at the top of your
comments.
The Department strongly encourages
you to submit any comments or
attachments in Microsoft Word format.
If you must submit a comment in Adobe
Portable Document Format (PDF), the
Department strongly encourages you to
convert the PDF to ‘‘print-to-PDF’’
format, or to use some other commonly
used searchable text format. Please do
not submit the PDF in a scanned format.
Using a print-to-PDF format allows the
Department to electronically search and
copy certain portions of your
submissions to assist in the rulemaking
process.
• Federal eRulemaking Portal: Please
go to www.regulations.gov to submit
your comments electronically.
Information on using Regulations.gov,
including instructions for finding a rule
on the site and submitting comments, is
available on the site under ‘‘FAQ.’’
Privacy Note: The Department’s
policy is to generally make comments

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SUMMARY:

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received from members of the public
available for public viewing on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should include in their
comments only information about
themselves that they wish to make
publicly available. Commenters should
not include in their comments any
information that identifies other
individuals or that permits readers to
identify other individuals. If, for
example, your comment describes an
experience of someone other than
yourself, please do not identify that
individual or include information that
would allow readers to identify that
individual. The Department will not
make comments that contain personally
identifiable information (PII) about
someone other than the commenter
publicly available on
www.regulations.gov for privacy
reasons. This may include comments
where the commenter refers to a thirdparty individual without using their
name if the Department determines that
the comment provides enough detail
that could allow one or more readers to
link the information to the third party.
If your comment refers to a third-party
individual, to help ensure that your
comment is posted, please consider
submitting your comment anonymously
to reduce the chance that information in
your comment about a third party could
be linked to the third party. The
Department will also not make
comments that contain threats of harm
to another person or to oneself available
on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Earl
Myers, U.S. Department of Education,
400 Maryland Avenue SW, Room
3E244, Washington, DC 20202.
Telephone: (202) 453–6716. Email:
[email protected].
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities, requirements, and
definitions. To ensure that your
comments have maximum effect in
developing the notice of final priorities,
requirements, and definitions, we urge
you to clearly identify the specific
section of the proposed priorities,
requirements, or definitions that each
comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that

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might result from the proposed
priorities, requirements, and definitions.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about the proposed priorities,
requirements, and definitions by
accessing Regulations.gov. You may also
inspect the comments in person. Please
contact the person listed under FOR
FURTHER INFORMATION CONTACT to make
arrangements to inspect the comments
in person.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for the proposed priorities,
requirements, and definitions. If you
want to schedule an appointment for
this type of accommodation or auxiliary
aid, please contact the person listed
under FOR FURTHER INFORMATION
CONTACT.
Purpose of Program: The Mental
Health Service Professional
Demonstration Grant Program provides
competitive grants to support and
demonstrate innovative partnerships to
train school-based mental health
services providers for employment in
schools and LEAs. The goal of this
program is to increase the number of
high-quality, trained providers to
address the shortages of mental health
services professionals in schools served
by high-need LEAs. The partnerships
must include (1) one or more high-need
LEAs or a State educational agency
(SEA) on behalf of one or more highneed LEAs; and (2) one or more eligible
institutions of higher education (IHE).
Partnerships must provide opportunities
to place postsecondary graduate
students in school-based mental health
fields into high-need schools served by
the participating high-need LEAs to
complete required field work, credit
hours, internships, or related training,
as applicable, for the degree, license, or
credential program of each student. In
addition to the placement of graduate
students, grantees may also develop
mental health career pathways as early
as secondary school, through career and
technical education opportunities, or
through paraprofessional support degree
programs at local community or
technical colleges.
Program Authority: Section
4631(a)(1)(B) of the Elementary and

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Secondary Education Act of 1965, as
amended (ESEA) (20 U.S.C. 7281).

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Proposed Priorities
This document contains three
proposed priorities. We may apply one
or more of these priorities in any year
in which this program is in effect.
Background:
Like good physical health, positive
mental health promotes success in life.
As defined by the Centers for Disease
Control and Prevention (CDC), ‘‘Mental
health includes our emotional,
psychological, and social well-being. It
affects how we think, feel, and act. It
also helps determine how we handle
stress, relate to others, and make healthy
choices. Mental health is important at
every stage of life, from childhood and
adolescence through adulthood.’’ 1
Support for the mental health of
children and youth advances
educational opportunities by creating
conditions where students can fully
engage in learning. The Novel
Coronavirus Disease 2019 (COVID–19)
pandemic presented additional
challenges to the well-being of children
and youth. The disruption to routines,
relationships, and the learning
environment has led to increased stress
and trauma, social isolation, and anxiety
that can have both immediate and longterm adverse impacts on the physical,
social, emotional, and academic wellbeing of children and youth.2 These
challenges have only exacerbated
existing challenges facing children and
youth and have heightened the need to
increase access to qualified schoolbased mental health services providers.
The Mental Health Service
Professional Demonstration Grant
program is designed to address several
barriers to increasing mental health
support for children and youth in our
schools. First, there is a significant
shortage of qualified school-based
mental health services providers in all
types of schools, whether urban, rural,
or suburban, or elementary, middle, or
high schools. Qualified professionals
may need training and skill sets that
include the capacity to conduct
behavioral health assessments, identify
youth who may need additional
supports or pose a serious threat to
1 Centers for Disease Control and Prevention.
https://www.cdc.gov/mentalhealth/learn/
index.htm. Accessed on June 29, 2022.
2 ‘‘Fact Sheet: President Biden to Announce
Strategy to Address Our National Mental Health
Crisis, As Part of Unity Agenda in his First State
of the Union.’’ The White House. https://
www.whitehouse.gov/briefing-room/statementsreleases/2022/03/01/fact-sheet-president-biden-toannounce-strategy-to-address-our-national-mentalhealth-crisis-as-part-of-unity-agenda-in-his-firststate-of-the-union/. Accessed June 29, 2022.

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themselves or others, and provide
evidence-based interventions,
particularly related to trauma- and griefinformed care. Qualified providers may
also need to assist in the development
of school environments and activities
that promote behavioral wellness and
foster resilience. According to recent
national data, the ratios of students to
providers are significantly greater than
what experts recommend:
(1) The student-to-counselor ratio is
415:1, compared to the recommended
ratio of 250:1 by the American School
Counselor Association; 3 and
(2) The student-to-psychologist ratio
is estimated at 1211:1, with some States
approaching a ratio of 5000:1, compared
to the recommended ratio of 500:1 for
providing comprehensive school
psychological services by the National
Association of School Psychologists.4
Second, in mental health services
provider preparation and professional
development programs, there is a need
to expand pedagogical practices that
prepare providers to create culturally
and linguistically inclusive and
identity-safe environments for students
when providing services. In particular,
the public stigmatization associated
with mental health care, which can lead
to fewer children and adolescents being
willing to access care even when it is
available, makes inclusive service
environments even more important for
underserved groups.5
Third, there is a need for greater
diversity in the profession, including
more school-based mental health
services providers from diverse
backgrounds or from the communities
they serve.6 Like the inclusive
pedagogical practices described above,
diversifying the pipeline of candidates
is critical to improving access to and
utilization of services for all students.
In response to these barriers, the
Department is proposing three priorities
for the Mental Health Service
Professional Demonstration Grant
Program that aim to increase the number
3 ‘‘School Counselor Roles and Ratios.’’ American
School Counselor Association Home Page. https://
www.schoolcounselor.org/About-SchoolCounseling/School-Counselor-Roles-Ratios.
Accessed June 29, 2022.
4 ‘‘Research Summary: Shortages in School
Psychology.’’ National Association of School
Psychologists. https://www.nasponline.org/
research-and-policy/policy-priorities/critical-policyissues/shortage-of-school-psychologists. Accessed
March 28, 2022.
5 ‘‘Protecting Youth Mental Health’’ https://
www.hhs.gov/sites/default/files/surgeon-generalyouth-mental-health-advisory.pdf. U.S. Surgeon
General’s Advisory. Accessed June 17, 2022.
6 ’’Demographics of the U.S. Psychology
Workforce’’ https://www.apa.org/workforce/datatools/demographics. American Psychological
Association. Accessed July 13, 2022.

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of school based mental health services
providers, increase the number of
providers from diverse backgrounds or
from the communities they serve, and
ensure that all providers are trained in
inclusive practices, including
supporting providers in ensuring access
to services for children and youth who
are English learners. Additionally, the
Department proposes application
requirements for the program, one of
which requires applicants to describe
how they will leverage available
Federal, State, and local resources to
achieve project goals and objectives.
Specifically, the Department encourages
applicants to utilize the American
Rescue Plan’s (ARP’s) historic
investment in children and youth by
using available ARP funds in
conjunction with other Federal, State,
and local funds and Mental Health
Service Professional Demonstration
Grant Program funds to make
investments that will create permanent
support for an adequate pipeline of
trained and diverse providers well
beyond the life of the project.
In addition to the competition under
the Mental Health Service Professional
Demonstration Grant Program described
in this document, the Department is
conducting a second grant competition
this fiscal year also focused on schoolbased mental health services providers.
The School-Based Mental Health
Services Grant (SBMH) program
provides competitive grants to SEAs,
LEAs, and consortia of LEAs to increase
the number of qualified mental health
services providers providing schoolbased mental health services to students
in LEAs with demonstrated need. For
more information about the SBMH
program, visit the Department’s website
at: https://oese.ed.gov/offices/office-offormula-grants/safe-supportive-schools/
school-based-mental-health-servicesgrant-program/. Together these two
programs are intended to provide timely
and necessary support to LEAs by
increasing the number of school-based
mental health services providers.
Proposed Priorities:
Proposed Priority 1—Expand
Capacity of High-need LEAs.
Projects that propose to expand the
capacity of high-need LEAs (as defined
in this notice) in partnership with IHEs
to train school-based mental health
services providers (as defined in this
notice), with the goal of expanding the
number of these professionals available
to address the shortages of school-based
mental health services providers in
high-need schools.
To meet this priority, the applicant
must propose a school-based mental
health partnership (as defined in this

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notice) to place the IHE’s graduate
students in mental health services fields
into schools served by the participating
high-need LEAs for the purpose of
completing required field work, credit
hours, internships, or related training as
applicable for their degree, license, or
credential program.
Proposed Priority 2—Increase the
Number of Qualified School-Based
Mental Health Services Providers in
High-Need LEAs Who Are from Diverse
Backgrounds or from communities
Served by the High-Need LEAs.
Projects that propose to increase the
number of qualified school-based
mental health services providers in
high-need LEAs who are from diverse
backgrounds or who are from
communities served by the high-need
LEAs.7
Applicants must describe how their
proposal to increase the number of
school-based mental health services
providers who are from diverse
backgrounds or who are from the
communities served by the high-need
LEA will help increase access to mental
health services for students within the
high-need LEA and best meet the mental
health needs of the diverse populations
of students to be served.
Proposed Priority 3—Promote
Inclusive Practices.
Projects that propose to provide
pedagogical practices in mental health
services provider preparation programs
or professional development programs
that are inclusive with regard to race,
ethnicity, culture, language, disability,
and for students who identify as
LGBTQI+, and that prepare schoolbased mental health services providers
to create culturally and linguistically
inclusive and identity-safe 8
environments for students when
providing services.
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
7 All strategies to increase the diversity of
providers must comply with applicable Federal
civil rights laws, including Title VI of the Civil
Rights Act of 1964.
8 An identity-safe enviornment is a place where
every student feels physically and emotionally safe.
Perceptions of safety often differ across different
groups of students, and each intervention and
support measure should be designed to ensure the
safety and belonging of all students.

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Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Proposed Requirements
The Department proposes the
following program requirement and
application requirements for this
program. We may apply one or more of
these requirements in any year in which
the program is in effect.
Proposed Program Requirement:
Eligible Applicants:
Eligible applicants for this program
are high-need LEAs, SEAs on behalf of
one or more high-need LEAs, and IHEs.
High-need LEA applicants and SEA
applicants on behalf of one or more
high-need LEAs must propose to work
in partnership with an eligible
institution of higher education (eligible
IHE), which may include institutions
that serve diverse learners such as
partnerships with a Historically Black
College or University, Tribal College or
University, and other Minority Serving
Institutions. Eligible IHE applicants
must propose to work in partnership
with one or more high-need LEAs or an
SEA.
Proposed Application Requirements:
(a) Identification of schools to be
served by the proposed project.
Applicants must identify or describe
how they will identify the high-need
schools to be served in each high-need
LEA that is part of the school-based
mental health partnership.
(b) A description of the nature and
magnitude of the problem.
Applicants must describe how the
lack of school-based mental health
services providers is specifically
affecting students in the high-need
schools to be served by project
activities. Applicants must describe the
nature of the problem for the LEA, based
on information including, but not
limited to, the most recent available
ratios of school-based mental health
services providers to students enrolled
in the schools in each high-need LEA
that is part of the school-based mental
health partnership (in the aggregate and

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disaggregated by profession (e.g., social
workers, school psychologists)). The
description may also include LEA and
school-level demographic data,
including chronic absenteeism and
discipline data, school climate surveys,
school violence/crime data, data related
to suicide rates, and descriptions of
barriers to hiring and retaining services
providers in the LEA.
(c) A plan to enhance LEA capacity to
provide mental health services to
students.
Applicants must describe the specific
activities they will conduct to expand
and improve LEA capacity to provide
mental health services to students in
high-need LEAs and ensure that
students receive appropriate, evidencebased (as defined in section 8101 of the
ESEA), and culturally and linguistically
inclusive mental health services. To
meet this requirement, the applicant
must propose a school-based mental
health partnership (as defined in this
notice) established for the purpose of
placing the IHE’s graduate students in
school-based mental health fields into
high-need schools served by the
participating high-need LEAs to
complete required field work, credit
hours, internships, or related training as
applicable for the degree, license, or
credential program of each student. If
the applicant intends to establish a
program that directly benefits an
individual graduate student, such as
through a stipend or tuition credit, the
applicant must describe its approach to
implementing a service obligation for
such graduate student as a school-based
mental health services provider in a
high-need LEA commensurate with the
level of support the graduate student
receives.
(d) A Memorandum of Understanding
(MOU), a Memorandum of Agreement
(MOA), or Letter of Agreement between
the LEA or SEA, and the IHE.
Applicants must include with their
application an MOU, MOA, or letter of
agreement that is signed by the
authorized representatives of the LEA or
SEA, and the IHE. The MOU, MOA, or
letter of agreement must provide details
regarding the roles and responsibilities
of each entity in the partnership, to
include a description of how the
partnership will place graduate students
into high-need schools served by the
participating high-need LEAs to
complete required field work, credit
hours, internships, or related training,
as applicable, for the degree, license, or
credential program of each student. The
MOU, MOA, or letter of agreement must
also include the estimated number of
mental health services providers that
will be placed into employment in high-

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need schools and high-need LEAs on an
annual basis.
(e) A plan for collaboration and
coordination with related Federal, State,
and local initiatives.
Applicants must propose a plan that
describes one or more of the following:
(1) How they will collaborate with at
least one State and one local
professional organization (to include a
regional professional organization, if
appropriate), such as a school social
worker association, school psychologist
association, or school counselor
association;
(2) The activities to be carried out in
coordination with regional and local
mental health, public health, child
welfare, and other community agencies,
which may include school-based health
centers, to achieve the plan goals and
objectives of establishing a pipeline
program to train and expand the
capacity of school-based mental health
services providers in high-need LEAs;
(3) How they will leverage other
available Federal, State, and local
resources to achieve project goals and
objectives and sustain investments
beyond the life of the project.
Applicants must identify these other
available resources and describe how
they will be used to promote success
across programs; and
(4) How they will use the Mental
Health Service Professional
Demonstration Grant Program funds to
expand and enhance existing efforts, or
put in place new measures to increase
the number of qualified school-based
mental health services providers to be
employed by eligible schools and LEAs
qualified to provide school-based
mental health services.
Evidence of collaboration and
coordination described in paragraphs
(e)(1) and (2) must be provided through
letters of support or MOAs/MOUs from
State or local organizations or agencies,
where applicable.
(f) A description of the process to
identify students for mental health
services.
Applicants must describe the specific
process and activities they will use to
ensure students in high-need LEAs who
need school-based mental health
services are properly identified,
assessed, and provided the appropriate
school-based mental health services. To
meet this requirement, applicants must
also describe how they will ensure that
services are evidence-based and
inclusive with regard to race, ethnicity,
culture, language, disability, and for
students who identify as LGBTQI+, and
are accessible to all. Further, applicants
must describe how LEAs will engage
parents and families for the purposes of

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raising awareness about the availability
of services and connecting students to
services.
Proposed Definitions
The Department proposes to establish
definitions of ‘‘eligible institution of
higher education,’’ ‘‘high-need LEA,’’
‘‘high-need school,’’ ‘‘school-based
mental health partnership,’’ and
‘‘students/children from low-income
families,’’ for use in this program. We
may apply the definitions in any year in
which this program is in effect.
Eligible institution of higher
education means an institution of
higher education that offers a program
of study that leads to a master’s degree
or other graduate degree—
(a) In school psychology that prepares
students in such program for the State
licensing or certification examination in
school-based psychology;
(b) In school counseling that prepares
students in such program for the State
licensing or certification examination in
school counseling;
(c) In school social work that prepares
students in such program for the State
licensing or certification examination in
school social work;
(d) In another school-based mental
health field, including such fields as
behavioral health aides, school nurses,
and clinical psychologists employed by
the schools or under contract with LEAs
to provide evaluations, if applicable,
that prepares students in such program
for the State licensing or certification
examination; or
(e) In any combination of study
described in paragraphs (a) through (d).
High-need LEA means a local
educational agency—
(a)(1) For which at least 20 percent of
the children served by the agency are
children from low-income background;
(2) That serves at least 10,000
children from low-income backgrounds;
(3) That meets the eligibility
requirements for funding under the
Small, Rural School Achievement
Program under section 56211(b) of the
Elementary and Secondary Education
Act of 1965; or
(4) That meets the eligibility
requirements for funding under the
Rural and Low-Income School Program
under section 56221(b) of the
Elementary and Secondary Education
Act of 1965; and
(b) For which there is a high student
to qualified mental health services
provider ratio as compared to other
LEAs statewide or nationally.
High-need school means a school that,
based on the most recent data available,
meets at least one of the following:
(a) The school is in the highest
quartile of all schools served by an LEA

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ranked in descending order by
percentage of students from low-income
families enrolled in such schools, as
determined by the LEA based on one of
the following measures of poverty:
(1) The percentage of students aged 5
through 17 in poverty counted in the
most recent census data approved by the
Secretary.
(2) The percentage of students eligible
for a free or reduced-price school lunch
under the Richard B. Russell National
School Lunch Act based on the most
recently available data.
(3) The percentage of students in
families receiving assistance under the
State program funded under part A of
title IV of the Social Security Act.
(4) The percentage of students eligible
to receive medical assistance under the
Medicaid program.
(5) A composite of two or more of the
measures described in paragraphs (a)(1)
through (4).
(b) In the case of—
(1) An elementary school, the school
serves students not less than 60 percent
of whom are eligible for a free or
reduced-price school lunch under the
Richard B. Russell National School
Lunch Act based on the most recently
available data; or
(2) Any other school that is not an
elementary school, the other school
serves students not less than 45 percent
of whom are eligible for a free or
reduced-price school lunch under the
Richard B. Russell National School
Lunch Act based on the most recently
available data.
School-based mental health
partnership means the formal
relationship, established for the purpose
of training school-based mental health
services providers for employment in
schools and LEAs, between—
(a) One or more high-need LEAs or an
SEA on behalf of one or more high-need
LEAs; and
(b) One or more eligible IHEs.
Students/children from low-income
families means students whose families
meet any of the poverty thresholds
established in section 1113 of the ESEA
for the relevant grade level.
Final Priorities, Requirements, and
Definitions:
We will announce the final priorities,
requirements, and definitions in a
document published in the Federal
Register. We will determine the final
priorities, requirements, and definitions
after considering responses to the
proposed priorities, requirements, and
definitions and other information
available to the Department. This
document does not preclude us from
proposing additional priorities,
requirements, or definitions, subject to

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meeting applicable rulemaking
requirements.
Note: This document does not solicit
applications. In any year in which we
choose to use the priorities,
requirements, and definitions, we invite
applications through a notice inviting
applications in the Federal Register.
Executive Orders 12866 and 13563

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Regulatory Impact Analysis
Under Executive Order 12866, it must
be determined whether this regulatory
action is ‘‘significant’’ and, therefore,
subject to the requirements of the
Executive order and subject to review by
the Office of Management and Budget
(OMB). Section 3(f) of Executive Order
12866 defines a ‘‘significant regulatory
action’’ as an action likely to result in
a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866 because it has an
annual effect on the economy of more
than $100 million. Approximately $145
million are available under this program
from fiscal year 2022 appropriations
actions, and $100 million are available
each year from fiscal year 2023 to fiscal
year 2026.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with

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obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing the proposed
priorities, requirements, and definitions
only on a reasoned determination that
their benefits would justify their costs.
In choosing among alternative
regulatory approaches, we selected
those approaches that would maximize
net benefits. Based on an analysis of
anticipated costs and benefits, we
believe that the proposed priorities,
requirements, and definitions are
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with the Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Potential Costs and Benefits
The proposed priorities,
requirements, and definitions are
necessary for the implementation of the
Mental Health Service Professional
Demonstration Grant Program consistent

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with the requirements established by
Congress in the Department of
Education Appropriations Act, 2022,
and the Explanatory Statement
accompanying that Act. It is important
to note that implementation of the
Mental Health Service Professional
Demonstration Grant Program would
almost exclusively confer benefits on
the recipients of Federal funds subject
to the proposed priorities, requirements,
and definitions, whose voluntary
participation in the Mental Health
Service Professional Demonstration
Grant Program would entail minimal
costs except for those paid with Federal
funds, and the Paperwork Reduction
Act (PRA) section of this document
discusses the burden estimates for
preparing an application. This program
was established under a statute with
broad authority and only non-binding
report language establishing program
purpose, eligibility, or requirements;
consequently, this rulemaking action is
necessary to ensure program funds are
used for their intended purpose. More
specifically, the proposed priorities,
requirements, and definitions would
ensure that the Department may collect
from applicants for Mental Health
Service Professional Demonstration
Grant Program funding the information
necessary for competitive review of
applications by peer reviewers, and to
fund high-quality applications that will
lead to the implementation of projects
consistent with Congressional intent.
Absent this rulemaking action, there is
no alternative means of meeting these
objectives.
The specific benefits of establishing a
menu of proposed priorities include
ensuring that funds are used consistent
with Congressional intent and providing
flexibility to the Department for
supporting multiple strategies designed
to address the shortage of mental health
services providers in schools. The first
strategy, embedded in proposed priority
1, is to focus grant activities on the
expansion of school-based mental
health services providers on high-need
LEAs. The definition of high-need LEA,
incorporated into these priorities, was
crafted to provide flexibility for an LEA
to show need in various ways, including
through poverty rates or size. Although
the total number of LEAs is large (over
13,000 in school year 2018–19), the
available funding will only support a
limited number of multi-year projects.
Absent the targeting of Mental Health
Service Professional Demonstration
Grant Program funds to high-need LEAs,
the program may allocate scarce Federal
resources to high-capacity LEAs that
already meet the mental health needs of

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Federal Register / Vol. 87, No. 147 / Tuesday, August 2, 2022 / Proposed Rules
their students. Moreover, ensuring that
funds are targeted to high-need LEAs
was a requirement of the fiscal year
2019 Mental Health Service Professional
Demonstration Grant Program
competition, and Congress directed the
Department, through the Explanatory
Statement accompanying the
Department of Education
Appropriations Act, 2022, to
incorporate the same requirement into
the fiscal year 2022 Mental Health
Service Professional Demonstration
Grant Program competition.
Proposed priority 2 supports a
strategy for expanding the workforce of
school-based mental health services
providers. Currently, the psychology 9
and school counselor 10 workforces are
significantly less diverse than the
student population.11 Increasing the
number of qualified school-based
mental health services providers who
are from diverse backgrounds and from
communities served by the high-need
LEAs, and who can provide culturally
and linguistically appropriate services,
would expand not only the numbers of
these providers but also provide better
access to and improve the quality of
mental health services available to
students. This priority has the
additional benefit of promoting equity
for students, in keeping with the
Administration’s agenda 12 and the
Department’s mission to support equity
and excellence.
Proposed priority 3 seeks to increase
the number of school-based mental
health services providers who can

provide services that are culturally and
linguistically inclusive and identity-safe
environments for students. Given the
diversity of the student population,
every school-based mental health
services provider should be able to
implement inclusive practices and be
able to provide services to any and all
students. This priority also supports the
Administration’s equity agenda and the
Department’s mission to support equity
and excellence.
The Department believes that this
proposed regulatory action would not
impose significant costs on eligible
entities, whose participation in our
programs is voluntary, and whose costs
can generally be covered with grant
funds. As a result, the proposed
priorities, requirements, and definitions
would not impose a significant burden,
except when an entity voluntarily elects
to apply for a grant. Moreover,the
Department believes the benefits
associated with the grant application
would outweigh any associated costs.
The Paperwork Reduction Act (PRA)
section of this document discusses the
burden estimates for preparing an
application. The potential benefits of
receiving Federal funds under this
program to expand the pool of and hire
school-based mental health services
providers will likely outweigh the
application costs detailed in the PRA
section. The costs of implementing the
requirements established in this notice
generally can be paid for with grant
funds. Moreover, even an unsuccessful
applicant may benefit from the effort of

47165

preparing an application, such as
conducting deep data analysis about the
needs in their LEA or developing
partnerships with IHEs that lead to
other projects.
Regulatory Alternatives Considered
The Department believes that the final
priorities, requirements, definitions, and
selection criteria in this notice are
needed to administer the program
effectively The priorities will enable the
Department to administer a competitive
grant program consistent with the intent
of Congress as expressed in the
Explanatory Statement accompanying
the Department of Education
Appropriations Act, 2022 (Pub. L. 117–
103), which provided funding for the
program in fiscal year 2022, and the
Bipartisan Safer Communities Act (Pub.
L. 117–159), which provided additional
funding for fiscal years 2022 through
2026.
Accounting Statement
As required by OMB Circular A–4
(available at www.whitehouse.gov/sites/
default/files/omb/assets/omb/
circulara004/a-4.pdf), in the following
table we have prepared an accounting
statement showing the classification of
the expenditures associated with the
provisions of this regulatory action. This
table provides our best estimate of the
changes in annual monetized transfers
as a result of this regulatory action.
Expenditures are classified as
transfers from the Federal Government
to LEAs and IHEs.

ACCOUNTING STATEMENT CLASSIFICATION OF ESTIMATED EXPENDITURES
[In millions]
Transfers
Category
Annualized monetized transfers ..............................................................................................................
From whom to whom? .............................................................................................................................

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Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand.
9 https://www.apa.org/workforce/data-tools/
demographics.
10 https://www.schoolcounselor.org/getmedia/
9c1d81ab-2484-4615-9dd7-d788a241beaf/memberdemographics.pdf.
11 https://nces.ed.gov/programs/coe/indicator/
cge/racial-ethnic-enrollment.
12 https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/20/executive-order-

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The Secretary invites comments on
how to make the proposed priorities,
requirements, and definitions easier to
understand, including answers to
questions such as the following:
• Are the priorities, requirements,
and definitions in the proposed
regulations clearly stated?
• Do the proposed regulations contain
technical terms or other wording that
interferes with their clarity?
advancing-racial-equity-and-support-forunderserved-communities-through-the-federalgovernment/.

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$108.6

From the Federal government to LEAs
and IHEs.

• Does the format of the proposed
regulations (grouping and order of
sections, use of headings, paragraphing,
etc.) aid or reduce their clarity?
• Would the proposed regulations be
easier to understand if we divided them
into more (but shorter) sections?
• Could the description of the
proposed regulations in the
SUPPLEMENTARY INFORMATION section of
this preamble be more helpful in
making the proposed regulations easier
to understand? If so, how?

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• What else could we do to make the
proposed regulations easier to
understand?
To send any comments that concern
how the Department could make the
proposed priorities, requirements, and
definitions easier to understand, see the
instructions in the ADDRESSES section.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.

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Regulatory Flexibility Act Certification
The Secretary certifies that this
proposed regulatory action would not
have a significant economic impact on
a substantial number of small entities.
The U.S. Small Business Administration
Size Standards define proprietary
institutions as small businesses if they
are independently owned and operated,
are not dominant in their field of
operation, and have total annual
revenue below $7,000,000. Nonprofit
institutions are defined as small entities
if they are independently owned and
operated and not dominant in their field
of operation. Public institutions are
defined as small organizations if they
are operated by a government
overseeing a population below 50,000.
The small entities that this proposed
regulatory action would affect are
school districts and IHEs applying for
and receiving funds under this program.
The Secretary believes that the costs
imposed on applicants by the proposed
priorities, requirements, and definitions,
would be limited to paperwork burden
related to preparing an application and
that the benefits of implementing these
proposals would outweigh any costs
incurred by applicants.
Participation in this program is
voluntary. For this reason, the proposed
priorities, requirements, and definitions
would impose no burden on small
entities in general. Eligible applicants
would determine whether to apply for
funds and have the opportunity to
weigh the requirements for preparing
applications, and any associated costs,
against the likelihood of receiving
funding and the requirements for
implementing projects under the
program. Eligible applicants most likely

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would apply only if they determine that
the likely benefits exceed the costs of
preparing an application. The likely
benefits include the potential receipt of
a grant as well as other benefits that may
accrue to an entity through its
development of an application, such as
the use of that application to seek
funding from other sources to address a
shortage in mental health providers.
Paperwork Reduction Act
As part of its continuing effort to
reduce paperwork and respondent
burden, the Department provides the
general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.). This helps
ensure that the public understands the
Department’s collection instructions,
respondents provide the requested data
in the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the Department
can properly assess the impact of
collection requirements on respondents.
The proposed priorities,
requirements, and definitions contain
information collection requirements.
Under the PRA the Department has
submitted these requirements to OMB
for its review.
A Federal agency may not conduct or
sponsor a collection of information
unless OMB approves the collection
under the PRA and the corresponding
information collection instrument
displays a currently valid OMB control
number. Notwithstanding any other
provision of the law, no person is
required to comply with, or is subject to
penalty for failure to comply with, a
collection of information if the
collection instrument does not display a
currently valid OMB control number.
In the notice of final priorities,
requirements, and definitions we will
display the control number assigned by
OMB to any information collection
proposed in this document and adopted
in the notice of final priorities,
requirements, and definitions.
For the years in which the
Department holds a Mental Health
Service Professional Demonstration
Grant Program competition, we estimate
there will be 500 applicants based on
prior competitions for the program. We
estimate that it will take each applicant
40 hours to complete and submit the
application, including time for
reviewing instructions, searching
existing data sources, gathering and

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maintaining the data needed, and
completing and reviewing the collection
of information. The total burden hour
estimate for this collection is 20,000
hours. At $95.46 per hour (using mean
wages for Education and Childcare
Administrators 13 and assuming the total
cost of labor, including benefits and
overhead, is equal to 200 percent of the
mean wage rate), the total estimated cost
for 500 applicants to complete the
Mental Health Service Professional
Demonstration Grant Program
application is approximately
$1,909,200.
The Department is requesting
paperwork clearance on the OMB
1810–xxxx data collection associated
with the proposed requirements. That
request will account for all burden
hours and costs discussed within this
section.
Consistent with 5 CFR 1320.8(d), the
Department is soliciting comments on
the information collection through this
document. Between 30 and 60 days after
publication of this document in the
Federal Register, OMB is required to
make a decision concerning the
collections of information contained in
these proposed priorities, requirements,
and definitions. Therefore, to ensure
that OMB gives your comments full
consideration, it is important that OMB
receives your comments on this
Information Collection Request by
September 1, 2022.
Comments related to the information
collection activities must be submitted
electronically through the Federal
eRulemaking Portal at
www.regulations.gov by selecting the
Docket ID number ED–2022–OESE–0094
or via postal mail, commercial delivery,
or hand delivery by referencing the
Docket ID number and the title of the
information collection request at the top
of your comment. Comments submitted
by postal mail or delivery should be
addressed to the PRA Coordinator of the
Strategic Collections and Clearance
Governance and Strategy Division, U.S.
Department of Education, 400 Maryland
Ave. SW, LBJ, Room 6W208D,
Washington, DC 20202–8240.
Note: The Office of Information and
Regulatory Affairs and the Department
review all comments related to the
information collection activities posted
at www.regulations.gov.

13 See

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Collection of Information
Information collection activity

Estimated
number of
responses

Hours per
response

Total
estimated
burden hours

Estimated cost
at an hourly
rate of $95.46

500

20,000

$1,909,200

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Mental Health Service Professional Demonstration Grant Program Application ................................................................................................................

We consider your comments on this
proposed collection of information in—
• Deciding whether the proposed
collection is necessary for the proper
performance of our functions, including
whether the information will have
practical use;
• Evaluating the accuracy of our
estimate of the burden of the proposed
collection, including the validity of our
methodology and assumptions;
• Enhancing the quality, usefulness,
and clarity of the information we
collect; and
• Minimizing the burden on those
who must respond. This includes
exploring the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and
Programs, Office of Elementary and
Secondary Education.
[FR Doc. 2022–16556 Filed 8–1–22; 8:45 am]
BILLING CODE 4000–01–P

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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180

telephone number: (202) 566–2220;
email address: appleyard.moana@
epa.gov.
SUPPLEMENTARY INFORMATION:

[EPA–HQ–OPP–2021–0766; FRL–9982–01–
OCSPP]

I. Executive Summary

RIN 2070–ZA16

A. Does this action apply to me?

Pesticide Tolerances; Implementing
Registration Review Decisions for
Certain Pesticides (FY22Q4)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:

EPA is proposing to
implement several tolerance actions
under the Federal Food, Drug, and
Cosmetic Act (FFDCA) that the Agency
determined were necessary or
appropriate during the registration
review conducted under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) for the pesticide active
ingredients identified in this document.
During registration review, EPA reviews
all aspects of a pesticide case, including
existing tolerances, to ensure that the
pesticide continues to meet the standard
for registration under FIFRA. The
pesticide actions addressed in this
rulemaking are identified in Unit I.B.
and discussed in detail in Unit III. of
this document.
DATES: Comments must be received on
or before October 3, 2022.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0766,
through the Federal eRulemaking Portal
at: https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Additional
instructions on commenting or visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Moana Appleyard, Pesticide ReEvaluation Division (7508M), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
SUMMARY:

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You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. What action is the Agency taking?
EPA is proposing several tolerance
actions that the Agency previously
determined were necessary or
appropriate during the registration
review for the identified pesticide active
ingredients. During registration review,
EPA reviews all aspects of a pesticide
case, including existing tolerances, to
ensure that the pesticide continues to
meet the standard for registration in
accordance with the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et seq., and that
the pesticide’s tolerances meet the
safety standard of the Federal Food,
Drug and Cosmetic Act (FFCCA), 21
U.S.C. 346a.
Specifically, EPA is proposing to:
• Modify tolerance expressions for
ametryn, benfluralin, bensulfuronmethyl, bentazon, chlorpropham,
diclosulam, esfenvalerate, ethoxyquin,
hydramethylnon (pyrimidinone),
imazaquin, phenmedipham,
pyrithiobac-sodium, tefluthrin, and
uniconazole-P;
• Modify commodity definitions for
bispyribac-sodium, imazaquin, and
uniconazole-P;
• Update crop groups for
fenpropathrin and quinoxyfen;

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02AUP1

File Type	application/pdf
File Modified	2022-08-01
File Created	2022-08-02