Regular Session 2021-2022 Senate Bill 1257 P.N. 1702

PRINTER'S NO. 1702

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1257

Session of

2022

INTRODUCED BY L. WILLIAMS, FONTANA, BREWSTER, COMITTA, COLLETT,

SCHWANK, SAVAL, CAPPELLETTI, KEARNEY, COSTA, MUTH AND KANE,

JUNE 2, 2022

REFERRED TO EDUCATION, JUNE 2, 2022

AN ACT

Establishing the School-Based Mental Health Professionals Loan

Forgiveness Program; and providing for powers and duties of

the Department of Education and the Pennsylvania Higher

Education Assistance Agency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the School-Based

Mental Health Professionals Loan Forgiveness Act.

Section 2. Purposes.

The General Assembly declares that the purpose of this act is

to support residents of this Commonwealth who are licensed

school-based mental health professionals and provide financial

incentive for them to remain in this Commonwealth and work in

the public schools of this Commonwealth.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Contract." A contract between the agency and an eligible

applicant entered into under section 4(c)(4).

"Department." The Department of Education of the

Commonwealth.

"Eligible applicant." A qualified individual who meets the

following criteria:

(1) Is a resident of this Commonwealth.

(2) Has been hired to work as a school-based mental

health professional in a school entity in this Commonwealth.

(3) Has successfully completed at least six months of

employment as a school-based mental health professional at a

school entity in this Commonwealth and remains in good

standing with the school entity.

(4) Has borrowed and has a current outstanding balance

of student loans related to the attainment of

postbaccalaureate credits at an eligible institution of

higher education.

(5) Agrees to work in a school entity in this

Commonwealth for at least four consecutive years in the

field.

"Eligible institution of higher education." An institution

of higher education that is eligible to receive money under

Title IV of the Higher Education Act of 1965 (Public Law 89-329,

20 U.S.C. § 1070 et seq.) and that offers a program of study as

follows:

(1) In school psychology, which:

(i) Is accredited or approved by the National

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Association of School Psychologists Program Approval

Board or the American Psychological Association

Commission on Accreditation.

(ii) Prepares students in the program of study for

the State licensing or certification examination in

school psychology.

(2) In school counseling, which prepares students in the

program of study for the State licensing or certification

examination in school counseling.

(3) In school social work, which:

(i) Is accredited by the Council on Social Work

Education.

(ii) Prepares students in the program of study for

the State licensing or certification examination in

school social work.

(4) In school nursing, which prepares students in the

program of study for the State licensing or certification

examination in school nursing.

(5) In another school-based mental health field, which

prepares students in the program of study for the State

licensing or certification examination in the school-based

mental health field, if applicable.

"Program." The School-Based Mental Health Professionals Loan

Forgiveness Program established under section 4(a).

"Repayable amount." The portion of a student loan related to

the eligible applicant's attainment of postbaccalaureate credits

required by an eligible institution of higher education.

"School-based mental health professional." As follows:

(1) A school counselor, school nurse, school social

worker, school psychologist, home and school visitor or

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professional with a primary focus of providing behavioral

support or student health services.

(2) The term includes only those professionals who:

(i) are certified under Article XI of the act of

March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949; or

(ii) satisfy the department's requirements for

public school employment.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, regional charter

school or cyber charter school.

"Underserved school entity." A school entity in this

Commonwealth located in an area designated as a mental health

care health professional shortage area by the United States

Health Resources and Services Administration.

Section 4. School-Based Mental Health Professionals Loan

Forgiveness Program.

(a) Establishment.--The School-Based Mental Health

Professionals Loan Forgiveness Program is established within the

agency.

(b) Powers and duties of agency.--The agency shall

administer the program, in consultation with the department, for

eligible applicants on a Statewide basis and shall have the

following powers and duties:

(1) Promoting the training of school-based mental health

professionals and service in underserved school entities.

(2) Promoting the recruitment and retention of school-

based mental health professionals in underserved school

entities, through the development and maintenance of a

registry of available positions and through coordination with

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underserved school entities.

(3) Preparing and submitting an annual report on the

program as specified in section 6.

(4) To the extent possible, maximizing Federal, local

and private funding to achieve the purposes of this act.

department for an eligible applicant as follows:

(1) An eligible applicant who is selected for the

program in accordance with this act shall be eligible for

forgiveness for a portion of the student loan related to the

eligible applicant's attainment of postbaccalaureate credits

required by an eligible institution of higher education.

(2) The agency may forgive a proportional part of the

eligible applicant's loan so that the loan may be entirely

forgiven over four years of full-time staff work. The

following apply:

(i) No more than $10,000 shall be forgiven in any

one year for an eligible applicant.

(ii) No more than a total of $40,000 shall be

forgiven for an eligible applicant.

(3) Payments shall be made directly to the loan servicer

upon each year of successful employment and in accordance

with the procedures established by the agency.

(4) A contract for loan forgiveness under this act that

is entered into between an eligible applicant and the agency

shall be considered a contract with the Commonwealth and

shall include the following terms:

(i) The eligible applicant shall agree to be

employed as a school-based mental health professional by

a school entity located within this Commonwealth for a

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period of at least four consecutive years in the field.

(ii) The eligible applicant shall permit the agency

to determine compliance with the work requirement and all

other terms of the contract.

(iii) Upon the death or total and permanent

disability of the eligible applicant, the agency shall

nullify the service obligation of the eligible applicant.

(iv) An eligible applicant and the agency shall make

every effort to resolve conflicts in order to prevent a

breach of contract.

(d) Limitations.--

(1) A loan forgiveness award under this act shall not be

made for a loan that is in default at the time of

application.

(2) Loan forgiveness provided under this act shall not

be concurrently awarded to a recipient of another

Commonwealth-provided loan forgiveness program.

Section 5. Tax applicability.

Loan forgiveness repayments by an eligible applicant shall

not be considered taxable income for purposes of Article II of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971.

Section 6. Annual reports.

(a) Development of report.--By October 1, 2023, and each

October 1 thereafter, the agency, in coordination with the

department, shall publish a report, which shall include

information regarding the operation of the program for the

immediately preceding fiscal year, including:

(1) The number of contracts entered, reported in total

and reported separately by certification area.

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(2) The number of individuals who applied for loan

repayment assistance under the program, reported in total and

reported separately by certification area.

(3) The aggregate amount of loan repayment assistance

payments made under the program.

(4) The number of defaulted contracts reported by cause.

(5) The number of school-based mental health

professionals participating in the program reported by the

eligible institution of higher education attended.

(6) The number and type of enforcement actions regarding

the program.

(7) A list of underserved school entities and the number

of eligible applicants employed in each underserved school

entity.

(b) Submission.--Each annual report under this section shall

be submitted to:

(1) The Governor.

(2) The chairperson and minority chairperson of the

Appropriations Committee of the Senate.

(3) The chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

(4) The chairperson and minority chairperson of the

Education Committee of the Senate.

(5) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

(6) The chairperson and minority chairperson of the

Health and Human Services Committee of the Senate.

(7) The chairperson and minority chairperson of the

Health Committee of the House of Representatives.

(8) The chairperson and minority chairperson of the

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Human Services Committee of the House of Representatives.

Section 7. Procedures.

(a) Authorization.--The agency, in consultation with the

department, shall adopt procedures necessary to carry out the

purposes of this act, including application processes, timelines

and appeals processes in accordance with 22 Pa. Code Ch. 121

(relating to student financial aid), and shall revise the

procedures as necessary.

(b) Posting.--The procedures under subsection (a) shall be

posted on the publicly accessible Internet websites of the

department and agency.

Section 8. Funding.

(a) Limitation.--Loan repayment assistance payments under

the program shall be made only to the extent that money is

appropriated for that purpose and is sufficient to cover

administration of the program.

(b) Insufficient funding.--If funding is insufficient to

fully fund loan forgiveness for all eligible applicants,

priority shall be given to eligible applicants who are employed

as a school-based mental health professional in an underserved

school entity.

of the program nor the making of a loan repayment assistance

payment under this act shall constitute an entitlement derived

from the Commonwealth or a claim on any money of the

Commonwealth.

Section 9. Effective date.

This act shall take effect in 60 days.

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