|(a) This rule acknowledges the unique difference in
the delivery of school psychological services in public and private
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 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 public and private schools
which reflect these occupational distinctions from the private practice
(b) Scope of Practice.
(1) 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, conducting behavioral assessments, and designing
and implementing behavioral interventions and supports.
(2) The assessment of emotional or behavioral disturbance,
solely for educational purposes, using psychological techniques and
procedures is considered the practice of school psychology.
(3) The delivery of school psychological services in
the public schools of this state shall be consistent with nationally
recognized standards for the practice of school psychology. Licensees
providing school psychological services in a private school should
comply with those same nationally recognized standards where possible,
but at a minimum, must comply with all applicable Board rules, including
those related to informed consent, notification of the right to file
a complaint, competency, forensic services, and misuse of services.
(c) The specialist in school psychology license permits
the licensee to provide school psychological services only in public
and private schools. A person utilizing this license may not provide
psychological services in any context or capacity outside of a public
or private school.
(d) The correct title for an individual holding a specialist
in school psychology license is Licensed Specialist in School Psychology
or LSSP. An LSSP who has achieved certification as a Nationally Certified
School Psychologist (NCSP) may use this credential along with the
license title of LSSP.
(e) Providers of Psychological Services Within the
(1) 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:
(B) Those individuals listed in Board rule §463.9(g)
of this title (relating to Licensed Specialist in School Psychologists);
(C) Individuals 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), or Board rule § 463.11 of this title
(relating to Licensed Psychologist).
(2) Licensees who do not hold the specialist in school
psychology license may contract for specific types of psychological
services, such as clinical psychology, counseling psychology, neuropsychology,
and family therapy, but any such contracting may not involve the broad
range of school psychological services listed in subsection (b)(1)
of this rule.
(3) An LSSP who contracts with a school to provide
school psychological services must notify the school of any intent
or plan to subcontract or assign those services to another provider
prior to entering into the agreement. An LSSP subject to this provision
shall be responsible for ensuring the school psychological services
delivered comply with subsection (b)(3) above.
(f) 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) Texas Education Code;
(2) Family Educational Rights and Privacy Act (FERPA),
20 U.S.C. §1232g;
(3) Individuals with Disabilities Education Improvement
Act (IDEIA), 20 U.S.C. §1400 et seq.;
(4) Texas Public Information Act ("Open Records Act"),
Texas Government Code, Chapter 552;
(5) Section 504 of the Rehabilitation Act of 1973;
(6) Americans with Disabilities Act (ADA) 42 U.S.C.
(7) HIPAA when practicing in a private school.
(g) Informed Consent in a Public School. Informed consent
for a Licensed Specialist in School Psychology must be obtained in
accordance with the Individuals with Disabilities Education Improvement
Act (IDEIA) and the U.S. Department of Education's rules governing
parental consent when delivering school psychological services in
the public schools, and is considered to meet the requirements for
informed consent under Board rules. No additional informed consent,
specific to any Board rules, is necessary in this context. Licensees
providing psychological services under subsection (e)(2) or in a private
school however, must obtain informed consent as otherwise required
by the Board rules.
|Source Note: The provisions of this §465.38 adopted to be effective April 20, 2016, 41 TexReg 2770; amended to be effective December 25, 2016, 41 TexReg 9936; amended to be effective September 26, 2017, 42 TexReg 5142