Attorney General Bonta Issues Warning: U.S. Department of Education Jeopardizing Student Mental Health Grants

OAKLAND — California Attorney General Rob Bonta announced joining a coalition of 18 attorneys general in urging the U.S. Department of Education not to limit schools’ abilities to support students’ mental health needs and create a bureaucratic mess for school districts seeking grant funding. The comment letter submitted by the attorneys general calls attention to the Department’s proposed changes to its School-Based Mental Health Services Grant Program (SBMH) and Mental Health Service Professional Demonstration Grant Program (MHSP). The changes would, among other things, further implement the Department’s illegal decision to discontinue previously awarded grants — an action that Attorney General Bonta and a coalition of states are actively challenging in the U.S. District Court for the Western District of Washington.

“The Trump Administration should be doing everything in its power to support the well-being of our students — particularly those who need mental health services the most. Tragically, it is not,” said Attorney General Bonta. “My fellow attorneys general and I are already in court defending the two grant programs at issue, and with our comment letter, we are doubling down on our efforts to ensure students in our states can benefit from these programs that are critical to students’ well-being, safety, and academic success. We will continue holding the Trump Administration accountable until it reverses course and follows the law.” 

Spurred by episodes of devastating loss from school shootings, Congress established and funded MHSP in 2018 and SBMH in 2020 to increase students’ access to mental health services. MHSP addresses the nation’s shortage of school-based mental health service providers by awarding multi-year grants to projects that expand the pipeline for counselors, social workers, and psychologists through partnerships between institutes of higher education and local education agencies. SBMH funds multi-year grants to increase the number of professionals that provide school-based mental health services to students through direct hiring and retention incentives. The ultimate goal of the programs is to permanently bring 14,000 additional mental health professionals into schools nationwide. In California, 44 universities and local education agencies are receiving vital grant funding through these programs. 

In the comment letter, the attorneys general underscore that: 

• The Department’s proposed priorities and program requirements are concerning because they fund only services provided by “school psychologists” — as opposed to services from other qualified mental health service providers like counselors, social workers, and psychologists.
• The Department is proposing a vague and problematic requirement: “Applicants that receive an award under this program are prohibited from using program funds for promoting or endorsing: (1) gender ideology, (2) political activism, (3) racial stereotyping, or (4) hostile environments for students of particular races.” This requirement violates the Constitution, which prohibits the Department from conditioning federal financial assistance on vague requirements. This program requirement could also be at odds with grantees’ existing legal obligations, including critical civil rights protections, because it could be read to prohibit grantees’ efforts to support students from particular racial backgrounds or English Language Learners.
• The Department should modify the proposed priorities, requirements, and definitions to bring them into conformity with governing law and resolve the deficiencies outlined by the attorneys general.   

Joining Attorney General Bonta in sending the letter are the attorneys general of Arizona, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington. 

A copy of the comment letter can be found here.