This rule acknowledges the unique difference in the delivery of school psychological services in the public schools from psychological services in the private sector. The Board recognizes the purview of the State Board of Education and the Texas Education Agency in safeguarding the rights of public school children in Texas. The mandated multidisciplinary team decision making, hierarchy of supervision, regulatory provisions, and past traditions of school psychological service delivery both nationally and in Texas, among other factors, allow for rules of practice in the public schools which reflect these occupational distinctions from the private practice of psychology.

1. (1) Definition.

   1. (A) The specialist in school psychology license permits the licensee to provide school psychological services in Texas public schools.
   2. (B) A licensed specialist in school psychology (LSSP) means a person who is trained to address psychological and behavioral problems manifested in and associated with educational systems by utilizing psychological concepts and methods in programs or actions which attempt to improve the learning, adjustment and behavior of students. Such activities include, but are not limited to, addressing special education eligibility, conducting manifestation determinations, and assisting with the development and implementation of individual educational programs.
   3. (C) The assessment of emotional or behavioral disturbance, for educational purposes, using psychological techniques and procedures is considered the practice of psychology.
2. (2) Titles. The correct title for persons holding this license is Licensed Specialist in School Psychology or LSSP. Only individuals who meet the requirements of Board rule §465.6 of this title (relating to Listings, Public Statements and Advertisements, Solicitations, and Specialty Titles) may refer to themselves as School Psychologists. No individual may use the title Licensed School Psychologist. An LSSP who has achieved certification as a Nationally Certified School Psychologist (NCSP) may use this credential along with the license title of LSSP.
3. (3) Providers of School Psychological Services. School psychological services may be provided in Texas public schools only by individuals authorized by this Board to provide such services. Individuals who may provide such school psychological services include LSSPs and interns or trainees as defined in Board rule §463.9 of this title (relating to Licensed Specialist in School Psychology) and persons seeking to fulfill the licensing requirements of Board rule §463.8 of this title (relating to Licensed Psychological Associate), Board rule §463.10 of this title (relating to Provisionally Licensed Psychologists), and Board rule §463.11 of this title (relating to Licensed Psychologist). Nothing in this rule prohibits public schools from contracting with licensed psychologists and licensed psychological associates who are not LSSPs to provide psychological services, other than school psychology, in their areas of competency. School districts may contract for specific types of psychological services, such as clinical psychology, counseling psychology, neuropsychology, and family therapy, which are not readily available from the licensed specialist in school psychology employed by the school district. Such contracting must be on a short term or part time basis and cannot involve the broad range of school psychological services listed in paragraph (1)(B) of this section. An LSSP who contracts with a school district to provide school psychological services may not permit an individual who does not hold a valid LSSP license to perform any of the contracted school psychological services.

4. (4) Supervision.

   1. (A) Direct, systematic, face-to-face supervision must be provided to:

      1. (i) Interns as defined in Board rule §463.9 of this title.
      2. (ii) Individuals who meet the training requirements of Board rule §463.9 of this title and who have passed the National School Psychology Examination at the Texas cutoff score or above and who have been notified in writing of this status by the Board. These individuals may practice under supervision in a Texas public school district for no more than one calendar year. They must be designated as trainees.
      3. (iii) LSSPs for a period of one academic year following licensure unless the individual also holds licensure as a psychologist in Texas. This supervision may be waived for individuals who legally provided full-time, unsupervised school psychological services in another state for a minimum of three academic years immediately preceding application for licensure in Texas as documented by the public schools where services were provided and who graduated from a training program approved by NASP or accredited in school psychology by APA or who hold NCSP certification.
      4. (iv) LSSPs when the individual is providing psychological services outside his or her area of training and supervised experience.
   2. (B) Nothing in this rule applies to administrative supervision of psychology personnel within Texas public schools, performed by non-psychologists, in job functions involving, but not limited to, attendance, time management, completion of assignments, or adherence to school policies and procedures.
5. (5) Supervisor Qualifications. Supervision may only be provided by a LSSP, who has a minimum of three years of experience providing psychological services in the public schools of this or another state. To meet supervisor qualifications, a licensee must be able to document the required experience by providing documentation from the authority that regulates the provision of psychological services in the public schools of that state and proof that the licensee provided such services, documented by the public schools in the state in which the services were provided. Any licensed specialist in school psychology may count one full year as an intern or trainee as one of the three years of experience required to perform supervision.
6. (6) Conflict Between Laws and Board Rules. In the event of a conflict between state or federal statutes and Board rules, state or federal statutes control.

7. (7) Compliance with Applicable Education Laws. LSSPs shall comply with all applicable state and federal laws affecting the practice of school psychology, including, but not limited to:

   1. (A) Texas Education Code;
   2. (B) Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232q;
   3. (C) Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq;
   4. (D) Texas Public Information Act ("Open Records Act"), Texas Government Code, Chapter 552;
   5. (E) Section 504 of the Rehabilitation Act of 1973.

Source Note:The provisions of this §465.38 adopted to be effective April 10, 1996, 21 TexReg 2544; amended to be effective October 15, 1996, 21 TexReg 9634; amended to be effective November 10, 1997, 22 TexReg 10655; amended to be effective June 1, 1998, 23 TexReg 5686; amended to be effective October 3, 1999, 24 TexReg 8170; amended to be effective March 13, 2000, 25 TexReg 2061; amended to be effective July 12, 2000, 25 TexReg 6506; amended to be effective March 13, 2001, 26 TexReg 2023; amended to be effective July 8, 2001, 26 TexReg 5006; amended to be effective July 9, 2002, 27 TexReg 6031; amended to be effective March 3, 2008, 33 TexReg 1812; amendedto be effective November 18, 2010, 35 TexReg 10052; amended to be effective June 10, 2012, 37 TexReg 4228; amended to be effective September 19, 2012, 37 TexReg 7290.