The Texas Behavioral Health Executive Council adopts amended §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5435) and will be republished.

Reasoned Justification.

The adopted rule amendments allow applicants who were licensed in other states to provide school psychological services or applicants with graduate degrees in related disciplines to psychology to be eligible to apply for licensure as an LSSP so long as the applicant also meets the coursework, examinations, and internship requirements.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

Two commenters discussed the efforts by the Texas State Board of Examiners of Psychologists (TSBEP) to streamline and improve licensing processes, particularly in response to a directive from the Texas Legislature following the tragedy in Uvalde. The commenters advocate for utilizing National Association of School Psychologists (NASP) resources to inform licensing decisions, particularly for those from related fields seeking to become school psychologists. Specifically, the commenters proposed NASP's concept of respecialization and professional retraining which is a process by which an individual with experience or graduate preparation in a related field expands their current knowledge and skills through a formal program to achieve a credential as a school psychologist. The commenters highlight the shortage of school psychologists and the increasing number of educational diagnosticians in Texas, suggesting the need for alternative pathways like a school psychology associate credential. The commenters support the addition of paths for individuals credentialed in other jurisdictions and aligning coursework requirements with NASP standards. The commenters emphasize the complexity of the school psychologist shortage and the importance of innovative solutions.

List of interested groups or associations for the rule.

The Texas Association of School Psychologists.

Summary of comments for the rule.

Six commenters discussed the efforts by TSBEP to streamline and improve licensing processes, particularly in response to a directive from the Texas Legislature following the tragedy in Uvalde. The commenters advocate for utilizing NASP resources to inform licensing decisions, particularly for those from related fields seeking to become school psychologists. Specifically, the commenters proposed NASP's concept of respecialization and professional retraining which is a process by which an individual with experience or graduate preparation in a related field expands their current knowledge and skills through a formal program to achieve a credential as a school psychologist. The commenters highlight the shortage of school psychologists and the increasing number of educational diagnosticians in Texas, suggesting the need for alternative pathways like a school psychology associate credential. The commenters support the addition of paths for individuals credentialed in other jurisdictions and aligning coursework requirements with NASP standards. The commenters emphasize the complexity of the school psychologist shortage and the importance of innovative solutions.

A commenter stated that making it easier for people who are already experienced and knowledgeable in the field to come and work for schools if they so desire can only do good.

A commenter requests the allowance of certification for licensure to address a critical shortage of evaluators in Texas. The commenter highlights the need for more evaluators, and states that because of this shortage schools are increasingly forced to use outside vendors, with higher rates, to meet their needs for the assessment of students.

A commenter expressed overall support for specific changes in §463.9(d)(3)(B), (C), and (D) related to graduate degrees and reciprocity for practicing school psychology in another jurisdiction. Since the emphasis is placed on the importance of applicants providing evidence of graduate-level coursework in all specified areas. However, the commenter opposes a minor change proposed in §463.9(d)(3)(A), arguing that the proposed language uses the term "course" but the term "program" which is currently used in the rule, better aligns with the rule's intent. The commenter's opposition is grounded in the belief that fulfilling the requirements in subsection (e) necessitates applicants coming from a comprehensive program rather than completing just one course.

A commenter expressed that they appreciated the intent behind adding the "school-based" language to the rule, but the commenter expresses concerns that such a change may impose an undue burden on TSBEP staff in verifying course curriculum details. The commenter asserts that school psychologists already undergo extensive training during a 1200-hour internship in school settings, emphasizing the importance of establishing foundations in assessment and intervention practices and where their education is put into practice in a school setting.

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Agency Response.

The Council thanks the commenters for their supportive comments.

The Council acknowledges that the commenters are correct, there is a shortage of LSSP or school psychologists in Texas. The Council, along with TSBEP, have attempted to take steps toward correcting this problem, and one such action is the adoption of this rule.

The rule, in §463.9(c), currently recognizes graduates from training programs accredited by NASP as having met all training and internship requirements for licensure as an LSSP. So, the rule already utilizes NASP resources to shape licensure requirements.

The change to §463.9(d)(3)(A), which accepts applicants that hold a certificate of completion from a graduate-level training program designed to train individuals from related disciplines in the practice of school psychology, appears to align with NASP's concept of respecialization and professional retraining so the Council does not see the need for any rule change regarding this issue.

Regarding the concept of issuing an LSSP-Associate license or certification for licensure, as some commenters have suggested, these concepts are far beyond the scope of what was originally proposed. Therefore any such alternative licensure concepts cannot be adopted at this time. Further research and development would be needed before any adoption and implementation of such alternative licensure ideas could be possible.

In response to the comment regarding the use of the term "course" in proposed §463.9(d)(3)(A), the Council agrees to adopt the rule with this change, to use the term "program" instead. Especially since the term "program" is currently the term used in the rule, and the Council agrees the term "program" best reflects the intent of the rule.

Council staff currently reviews coursework as part of the LSSP application process, so it is not anticipated that the addition of "school-based" to subsection (e) of the rule will increase the burden on staff reviewing applications.