SB227 - Enacts the School Psychologist Interstate Licensure Compact. (BDR 34-531)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2) S.B. 227 - *SB227* SENATE BILL NO. 227–COMMITTEE ON EDUCATION (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON EDUCATION) FEBRUARY 20, 2025 ____________ Referred to Committee on Education SUMMARY—Enacts the School Psychologist Interstate Licensure Compact. (BDR 34-531) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; enacting the School Psychologist Interstate Licensure Compact; exempting a person licensed pursuant to the Compact from certain requirements generally applicable to licensure; authorizing the sharing of certain information when required pursuant to the Compact; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Commission on Professional Standards in Education 1 to prescribe regulations for licensing educational personnel, including regulations 2 which provide for the reciprocal licensure of educational personnel from other 3 states. (NRS 391.019, 319.032) Existing law defines the term “school psychologist” 4 to mean a person who holds a license issued pursuant to the provisions of existing 5 law governing the licensing of educational personnel and an endorsement to serve 6 as a school psychologist issued pursuant to the regulations adopted by the 7 Commission or who is otherwise authorized by the Superintendent of Public 8 Instruction to serve as a school psychologist. (NRS 385.007) 9 Section 2 of this bill enacts the School Psychologist Interstate Licensure 10 Compact. The Compact allows a person who has been issued a license as a school 11 psychologist in his or her home state that is a member of the Compact, which the 12 Compact designates as a “home state license,” to obtain an equivalent license in 13 any other state that is a member of the Compact. Sections 3 and 5 of this bill 14 require the Commission on Professional Standards in Education to adopt 15 regulations: (1) to carry out the provisions of the Compact; and (2) which provide 16 for the licensure of persons pursuant to the Compact. 17 – 2 – - *SB227* The Compact provides for the creation by member states of a joint 18 governmental agency called the School Psychologist Interstate Licensure Compact 19 Commission. Under the Compact, the Commission has the power to establish and 20 amend rules and bylaws and various other powers relating to the administration of 21 the Compact. The Compact establishes procedures and requirements for the 22 conduct of meetings of the Commission and for the promulgation of rules by the 23 Commission. 24 The Compact sets forth certain requirements for a state to be eligible to join the 25 Compact, including qualifications that a state must impose for the issuance of a 26 home state license. Existing regulations of the Commission on Professional 27 Standards in Education, with certain exceptions, set forth three alternative avenues 28 for a person to qualify for an endorsement to serve as a school psychologist in this 29 State. Under the first avenue, a person must: (1) hold a master’s or more advanced 30 degree; (2) have preparation in school psychology; (3) have successfully completed 31 certain areas of study; (4) have earned 60 semester hours of graduate credits in 32 certain areas of study; and (5) have completed an internship in school psychology 33 consisting of two full-time regular consecutive semesters or 1,000 hours of 34 supervised and practical experience which meet certain criteria. Under the second 35 avenue, a person must hold a credential as a Nationally Certified School 36 Psychologist issued by the National Association of School Psychologists or its 37 successor organization. Finally, under the third avenue, a person must have 38 completed a program approved by the State Board of Education which prepares a 39 person to be a school psychologist. (NAC 391.315, as amended by LCB File No. 40 R120-22 and R165-22, NAC 391.319, as amended by LCB File No. 124-22) The 41 Compact requires that, to be eligible to join the Compact, a state must require an 42 applicant for a home state license as a school psychologist to have: (1) taken and 43 passed a qualifying national examination, as defined by the rules of the School 44 Psychologist Interstate Licensure Compact Commission; (2) completed a minimum 45 of 1,200 hours of supervised internship, of which at least 600 must have been 46 completed in a school, before being approved for licensure; and (3) graduated from 47 a qualifying school psychologist education program approved by the rules of the 48 Commission. 49 The Compact sets forth procedures by which a person who has been issued a 50 home state license as a school psychologist may obtain an equivalent license in 51 another state that is a member of the Compact. In order to obtain and maintain such 52 an equivalent license, the Compact requires the person to: (1) hold and maintain a 53 home state license; (2) satisfy any applicable state-specific requirements established 54 by the member state after an equivalent license is granted; (3) complete certain 55 administrative or application requirements and pay certain fees; (4) complete any 56 requirements for renewal in his or her home state; and (5) undergo a criminal 57 background check. To renew an equivalent license issued pursuant to the Compact, 58 the Compact requires a person only to apply for renewal, complete a background 59 check and pay any applicable fees for renewal. 60 Sections 4, 6 and 8 of this bill exempt a person licensed pursuant to the 61 Compact from: (1) requirements concerning the examinations required for the 62 initial licensing of teachers and other educational personnel; (2) requirements for 63 continuing education for school psychologists; and (3) a requirement for an 64 applicant for a license as a teacher or administrator or to perform some other 65 educational function to submit with his or her application for licensure proof of 66 completion of a certain course of study and training approved by the Commission 67 on Professional Standards in Education. (NRS 391.021, 391.0349, 391.037) 68 Section 1 of this bill revises the definition of the term “school psychologist” to 69 include a person licensed pursuant to the Compact among the persons who 70 constitute a school psychologist. 71 – 3 – - *SB227* The Compact also requires a member state to agree to provide for the 72 facilitation of certain information concerning persons licensed as school 73 psychologists. Section 7 of this bill revises provisions governing the confidentiality 74 of certain information concerning an application for licensure to authorize such 75 information to be disclosed when required by the Compact. Section 9 of this bill 76 provides for the confidentiality of certain information disclosed pursuant to the 77 Compact. 78 The Compact provides additional provisions to carry out the Compact, 79 including provisions relating to active military members or their spouses, 80 provisions for oversight, dispute resolution and enforcement by the School 81 Psychologist Interstate Licensure Compact Commission and procedures for 82 amendments of and withdrawals from the Compact. The Compact becomes 83 effective upon ratification from seven states. Currently, only Colorado and West 84 Virginia have ratified the Compact. 85 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 385.007 is hereby amended to read as follows: 1 385.007 As used in this title, unless the context otherwise 2 requires: 3 1. “Challenge school” has the meaning ascribed to it in 4 NRS 388D.305. 5 2. “Charter school” means a public school that is formed 6 pursuant to the provisions of chapter 388A of NRS. 7 3. “Department” means the Department of Education. 8 4. “English learner” has the meaning ascribed to it in 20 U.S.C. 9 § 7801(20). 10 5. “Homeschooled child” means a child who receives 11 instruction at home and who is exempt from compulsory enrollment 12 and attendance pursuant to NRS 392.070. 13 6. “Local school precinct” has the meaning ascribed to it in 14 NRS 388G.535. 15 7. “Public schools” means all kindergartens and elementary 16 schools, junior high schools and middle schools, high schools, 17 charter schools and any other schools, classes and educational 18 programs which receive their support through public taxation and, 19 except for charter schools, whose textbooks and courses of study are 20 under the control of the State Board. 21 8. “School bus” has the meaning ascribed to it in 22 NRS 484A.230. 23 9. “School counselor” or “counselor” means a person who 24 holds a license issued pursuant to chapter 391 of NRS and an 25 endorsement to serve as a school counselor issued pursuant to 26 regulations adopted by the Commission on Professional Standards 27 in Education or who is otherwise authorized by the Superintendent 28 of Public Instruction to serve as a school counselor. 29 – 4 – - *SB227* 10. “School psychologist” or “psychologist” means a person 1 who holds a license issued pursuant to chapter 391 of NRS and an 2 endorsement to serve as a school psychologist issued pursuant to 3 regulations adopted by the Commission on Professional Standards 4 in Education , a license issued pursuant to section 2 of this act or 5 who is otherwise authorized by the Superintendent of Public 6 Instruction to serve as a school psychologist. 7 11. “School social worker” or “social worker” means a social 8 worker licensed pursuant to chapter 641B of NRS who holds a 9 license issued pursuant to chapter 391 of NRS and an endorsement 10 to serve as a school social worker issued pursuant to regulations 11 adopted by the Commission on Professional Standards in Education 12 or who is otherwise authorized by the Superintendent of Public 13 Instruction to serve as a school social worker. 14 12. “State Board” means the State Board of Education. 15 13. “University school for profoundly gifted pupils” has the 16 meaning ascribed to it in NRS 388C.040. 17 Sec. 2. Chapter 391 of NRS is hereby amended by adding 18 thereto a new section to read as follows: 19 The School Psychologist Interstate Licensure Compact is 20 hereby ratified, enacted into law and entered into with all other 21 jurisdictions legally joining the Compact, in substantially the form 22 set forth in this section: 23 24 SECTION 1. PURPOSE 25 26 The purpose of this Compact is to facilitate the interstate 27 practice of School Psychology in educational or school settings, 28 and in so doing to improve the availability of School Psychological 29 Services to the public. This Compact is intended to establish a 30 pathway to allow School Psychologists to obtain equivalent 31 licenses to provide School Psychological Services in any Member 32 State. In this way, this Compact shall enable the Member States to 33 ensure that safe and effective School Psychological Services are 34 available and delivered by appropriately qualified professionals in 35 their educational settings. 36 To facilitate the objectives described above, this Compact: 37 A. Enables School Psychologists who qualify for receipt of an 38 Equivalent License to practice in other Member States without 39 first satisfying burdensome and duplicative requirements; 40 B. Promotes the mobility of School Psychologists between 41 and among the Member States in order to address workforce 42 shortages and to ensure that safe and reliable School 43 Psychological Services are available in each Member State; 44 – 5 – - *SB227* C. Enhances the public accessibility of School Psychological 1 Services by increasing the availability of qualified, licensed School 2 Psychologists through the establishment of an efficient and 3 streamlined pathway for Licensees to practice in other Member 4 States; 5 D. Preserves and respects the authority of each Member State 6 to protect the health and safety of its residents by ensuring that 7 only qualified, licensed professionals are authorized to provide 8 School Psychological Services within that State; 9 E. Requires School Psychologists practicing within a Member 10 State to comply with the Scope of Practice laws present in the State 11 where the School Psychological Services are being provided; 12 F. Promotes cooperation between the Member States in 13 regulating the practice of School Psychology within those States; 14 and 15 G. Facilitates the relocation of military members and their 16 spouses who are licensed to provide School Psychological 17 Services. 18 19 SECTION 2. DEFINITIONS 20 21 A. “Active Military Member” means any person with full- 22 time duty status in the armed forces of the United States, including 23 members of the National Guard and Reserve. 24 B. “Adverse Action” means disciplinary action or 25 encumbrance imposed on a License by a State Licensing 26 Authority. 27 C. “Alternative Program” means a non-disciplinary, 28 prosecutorial diversion, monitoring, or practice remediation 29 process entered into in lieu of an Adverse Action which is 30 applicable to a School Psychologist and approved by the State 31 Licensing Authority of a Member State in which the participating 32 School Psychologist is licensed. This includes, but is not limited to, 33 programs to which Licensees with substance abuse or addiction 34 issues may be referred in lieu of an Adverse Action. 35 D. “Commissioner” means the individual appointed by a 36 Member State to serve as the representative to the Commission for 37 that Member State. 38 E. “Compact” means this School Psychologist Interstate 39 Licensure Compact. 40 F. “Continuing Professional Education” means a 41 requirement, imposed by a Member State as a condition of License 42 renewal to provide evidence of successful participation in 43 professional educational activities relevant to the provision of 44 School Psychological Services. 45 – 6 – - *SB227* G. “Criminal Background Check” means the submission of 1 fingerprints or other biometric information for a License applicant 2 for the purpose of obtaining that applicant’s criminal history 3 record information, as defined in 28 C.F.R. § 20.3(d), and the 4 State’s criminal histo [Text truncated for display. 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