Employment Settings for School Psychologists in New York State

1. Employment Settings for School Psychologists in New York State

2. Exempt Settings Certified School Psychologist can be employed in exempt settings. Public and Private schools NYSED approved preschools (4410 schools) Colleges and universities State and Federal agencies (e.g. OMH, OCFS) Must be a SALARIED employee of setting, not an independent contractor

3. Where does “Exemption” come from? Article 153 of Education Law defines the practice of Psychology The practice of psychology is the observation, description, evaluation, interpretation, and modification of behavior for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior; enhancing interpersonal relationships, personal, group or organizational effectiveness and work and/or life adjustment; and improving behavioral health and/or mental health. The practice includes, but is not limited to psychological (including neuropsychological) testing and counseling; psychoanalysis; psychotherapy; the diagnosis and treatment of mental, nervous, emotional, cognitive or behavioral disorders, disabilities, ailments or illnesses, alcoholism, substance abuse, disorders of habit or conduct, the psychological aspects of physical illness, accident, injury or disability, psychological aspects of learning (including learning disorders); and the use of accepted classification systems.

4. “Exempt Persons” Section 7605 of Article 153 defines “exempt persons” Nothing in this article shall be construed to affect or prevent: The activities, services, and use of the title of psychologist, or any derivation thereof, on the part of a person in the employ of a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution insofar as such activities and services are a part of the duties of his salaried position.

5. Certified School Psychologists cannot be employed or work in . . . Private practice, even under the supervision of a licensed professional Related Services Only (RSO) preschool agencies (private agencies not approved by NYSED) Independent contractor for districts, preschools, or agencies.

6. What about conducting psycho-ed evals outside exempt settings? If the school psychologist does not represent themselves as a psychologist or use the term "school psychologist," but calls themselves an "educational specialist" or some other term and conducts "educational evaluations" for an agency or practitioner, is this permissible?  Since there is no "protected test list," which would specify that only certain professionals may give specific tests in NY, what is the limit on this type of testing?

7. Dr. Kathleen DoyleSecretary for the NYS Board of Psychology If a non-licensed school psychologist wishes to offer educational evaluations outside of schools, it is possible that they may do so, but they may not use the title "psychologist" or the terms "psychologist, psychological or psychology" or any derivative thereof alone or in combination with any other terms or titles when offering, holding out, or providing the services, or in presenting a report.  They may not use the title "school psychologist" when advertising the service or in signing the report. If the work is being done to satisfy any requirement for psychological testing, whether by a school or any other entity, it would also be restricted. They would also have to ensure that any practitioner for whom they do an educational evaluation would not be hiring them based on their certification as a school psychologist or would not be using this evaluation as a part of another professional evaluation.  That is, a licensed psychologist could not hire them to engage in any part of the psychologist's evaluation or diagnostic assessment.

8. Education Law § 2510(1) that when a board of education abolishes a position and creates a position with similar duties the person holding the abolished position must be appointed to the new position. Education Law § 3012(1)(a) that when a new instructional position is created it must be filled by making a probationary appointment.

9. NYASP Legislative Priorities

10. Over-arching Themes Protection of the practice of school psychology in NYS by preventing any limitations in the provision of services and the expansion of opportunities to engage in school psychological services Advocate for appropriate educational and mental health children’s services

11. Legislative Accomplishments2009 - 2010 Maintained S.P. as mandated member of CSE when role was threatened as part of “mandate relief” APA MLA defeat Development of “Educational” Coalition to advocate for licensure and Medicaid issues Special Ed. Administrators Superintendents School Boards Alliance for Children with Special Needs Sponsorship of licensure bill in both Assembly and Senate APA Model Licensure Act (wanting to prevent use of title School Psychologist) APA Model Licensure Act (wanting to prevent use of title School Psychologist)

12. Expansion of NYASP’s Influence Involvement in NYS Neuropsych Technician issue Language of new Medicaid SPA Comments/Testimony on Provision of AIS & RTI services Insurance coverage for Autism services NYS Education Budget NYSED Mandate Relief proposals Medicaid Reimbursement of School-based services SPA – State Plan Amendment SPA – State Plan Amendment

13. Expanding Collaborations Autism Speaks NYSUT NYS OMH NYSED Office of the Professions Office of Teaching Initiatives VESID The New York Association for Pupil Transportation The New York State Middle School Association NASP NYSYUT - PeterNYSYUT - Peter

14. 2010 – 2011 Legislative Goals Increase communication with NYASP members regarding legislative issues. Obtain sponsor in Senate and advance licensure legislation in Assembly and Senate. Advocate for the adoption of the NASP Comprehensive and Integrated Model of School Psychological Practice by NYSED.

15. Increase communication with NYASP members regarding legislative issues Short-term Objectives Develop a social media campaign via internet-based sites (e.g. Facebook, Twitter) Utilize Constant Contact service to send frequent informational notices/alerts to members (NYASP Progress Notes) Increase participation and membership on NYASP Discussion Listserv Collaborate with PR Committee to generate news items for publication

16. Advance licensure legislation in Assembly and Senate The November elections have changed the landscape of Albany. Assembly - Democrats Senate – Republicans Governor – Democrat Lost our sponsor in the Senate, need to identify “champion” in State Senate Objectives - Facilitate a meeting with Assemblymember Glick and Senator Stavisky Use Medicaid impact on district funds and school psychs’ jobs to reinforce need for licensure

17. Advocate for the adoption of the NASP Comprehensive and Integrated Model of School Psychological Practice by NYSED NASP has come out with comprehensive model … promote consistency across districts throughout the state – promote with state ed – fits in with race to the top movement… John presenting on this at ConferenceNASP has come out with comprehensive model … promote consistency across districts throughout the state – promote with state ed – fits in with race to the top movement… John presenting on this at Conference

18. NYS was audited by CMS in the early 1990’s, resulted from a “whistleblower” in upstate NY. Deficiencies found in billing practices and delivery of services. After years of negotiation, NY had to pay back over $500 million dollars to Federal Government AND accept changes to the Medicaid State Plan. Changes were non-negotiable.

19. Qualified Medicaid Provider – must be able to provide same service in community. State cannot use different credentialing criteria for service in the schools and service in the community. Psychological assessments – NYS Lic. Psychiatrist or Psychologist Psychological Counseling – NYS Lic. Psychiatrist/Psychologist/LCSW LMSW under the supervision of above