HB 685

UNOFFICIAL COPY  26 RS HB 685/GA
1AN ACT relating to professional credentials.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 161.030 is amended to read as follows:
4 (1)     Notwithstanding the age of the pupil, the certification of all teachers and other
5school personnel, in public schools only, is vested in the Education Professional
6Standards Board. When so certified, teachers and other school personnel shall not
7be required to have licensure, certification, or other forms of approval from any
8other state agency for the performance of their respective assignments within the
9system of public schools, except as provided for by law. All certificates authorized
10under KRS 161.010 to 161.126 shall be issued in accordance with the
11administrative regulations of the Education Professional Standards Board. After
12July 15, 1994, all certificate applications and other data collection instruments of
13the board shall include a request for voluntary information about the applicant's
14ethnic background. This information shall be available to help local school districts
15locate minority candidates. A person who holds a certificate prior to this
16requirement may request that ethnic information be added to his or her file. Nothing
17in this section shall preclude the right of an individual in a nonpublic school from
18seeking voluntary certification by the Education Professional Standards Board.
19 (2)     Certificates shall be issued upon written application and in accordance with statutes
20and regulations in effect at the time of application to persons who have completed,
21at colleges, universities, or local school district programs approved by the
22Education Professional Standards Board for the preparation of teachers and other
23school personnel, the curricula prescribed by the administrative regulations of the
24Education Professional Standards Board.
25 (3)     (a)     Certification of all new teachers and teachers seeking additional certification
26shall require the successful completion of appropriate assessments prior to
27certification. The assessments shall be selected by the Education Professional
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1Standards Board and shall measure knowledge in the specific teaching field of
2the applicant, including content of the field and teaching of that content. The
3Education Professional Standards Board shall determine the minimum
4acceptable level of achievement on each assessment. The assessments shall
5measure those concepts, ideas, and facts which are being taught in teacher
6education programs in Kentucky. Upon successful completion of the
7assessments and the approved teacher preparation program, a professional
8certificate valid for five (5) years shall be issued.
9(b)     If an applicant for teacher certification has completed the approved teacher
10preparation program and has taken but failed to successfully complete the
11appropriate assessments selected by the Education Professional Standards
12Board, a conditional certificate may be issued for a period not to exceed one
13(1) year. The employing school district, in collaboration with the teacher
14education institution, shall provide technical assistance and mentoring support
15to the conditionally certified teacher. The teacher shall retake the assessments
16during the validity period of the conditional certificate. The conditional
17certificate shall not be reissued. Upon successful completion of the required
18assessments, a professional certificate valid for five (5) years shall be issued.
19The Education Professional Standards Board shall promulgate administrative
20regulations to establish the standards and procedures for issuance of a
21conditional certificate.
22(c)     If an out-of-state teacher with less than two (2) years' experience comes to
23Kentucky after the deadline for taking the assessments, a temporary certificate
24may be issued for a period up to six (6) months. The teacher shall take the
25assessments during the period of the temporary certificate. If the teacher fails
26the assessments, the temporary certificate shall be valid only for the current
27semester. If the teacher passes the assessments, a professional certificate valid
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1for five (5) years shall be issued.
2 (4)     A reasonable fee to be paid by the teacher and directly related to the actual cost of
3the administration of the assessments shall be established by the Education
4Professional Standards Board. Provisions shall be made for persons having less than
5minimum levels of performance on any assessment to repeat that assessment, and
6candidates shall be informed of their strengths and weaknesses in the specific
7performance areas. The Education Professional Standards Board shall provide for
8confidentiality of the individual assessment scores. Scores shall be available only to
9the candidate and to the education officials who are responsible for determining
10whether established certification standards have been met. Scores shall be used only
11in the assessment for certification of new teachers and of out-of-state teachers with
12less than two (2) years of teaching experience who are seeking initial certification
13in Kentucky.
14 (5)     If an applicant establishes eligibility for a five (5) year professional certificate under
15the provisions of subsection (3)(a) of this section, the applicant shall also be eligible
16for the issuance of a certificate for substitute teaching as provided by the
17administrative regulations of the Education Professional Standards Board.
18 (6)     (a)     The Education Professional Standards Board shall issue a ten (10) year
19emeritus certificate to an applicant who has:
201.      Retired or will retire not more than one (1) year prior to the expiration
21date of the certificate;
222.      Met the requirements to receive an emeritus certificate as set forth in
23administrative regulation promulgated by the Education Professional
24Standards Board; and
253.      Completed the required application unless the provisions of KRS
26161.120 apply.
27(b)     The Education Professional Standards Board shall issue a one (1) time five (5)
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1year exception certificate to an individual:
21.      Whose certificate has expired;
32.      Whose rank upon expiration was Rank I or Rank II;
43.      Who has met the requirements to receive an exception certificate as set
5forth in administrative regulation promulgated by the Education
6Professional Standards Board;
74.      Who completed three (3) years of classroom instruction prior to the
8certificate's expiration; and
95.      Who has completed the required application unless the provisions of
10KRS 161.120 apply.
11(c)     The Education Professional Standards Board shall issue a five (5) year
12certificate to an individual:
131.      Whose certificate has expired;
142.      Who has met the requirements for a certificate or statement of
15eligibility in administrative regulation promulgated by the Education
16Professional Standards Board; and
173.      Who submits proof of successful completion of six (6) credit hours of
18graduate coursework.
19(d)     The Education Professional Standards Board shall issue a one (1) time five
20(5) year certificate to an individual:
211.      Whose certificate has expired;
222.      Who has met the requirements for a certificate or statement of
23eligibility in administrative regulation promulgated by the Education
24Professional Standards Board; and
253.      Who submits a waiver issued by a school district superintendent
26exempting the applicant from the requirement to submit proof of
27successful completion of six (6) credit hours of graduate coursework
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1under paragraph (c)3. of this subsection.
2 (7)     The Education Professional Standards Board shall approve the curricula of any
3college or university, or of any department thereof, for the training of teachers, and
4any nontraditional or alternative teacher preparation program offered in a public or
5private postsecondary education institution, private contractor, or state agency, and
6shall also approve the curricula of any local district alternative certification
7program, when the curricula comply with the administrative regulations of the
8Education Professional Standards Board for the issuance of certificates and when
9the institution has met the terms and conditions provided in KRS 161.010 to
10161.120. Any student who has completed any of these curricula, as approved by the
11Education Professional Standards Board, and who has completed the prescribed
12requirements for the issuance of certificates shall be granted a certificate
13corresponding to the curricula completed.
14 (8)     The issuance of any certificate, except emergency certificates issued pursuant to
15KRS 161.100, by the Education Professional Standards Board shall not be
16dependent upon an offer of employment. The certification process, except for
17emergency certificates, is independent of any job prospects and certification shall
18be awarded on the basis of completing a teacher preparation program or an
19alternative certification pathway and passing required assessments.
20SECTION 2. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO
21 READ AS FOLLOWS:
22SECTION 1. PURPOSE
23 The purpose of this compact is to facilitate the interstate practice of school psychology
24 in educational or school settings, and in so doing to improve the availability of school
25 psychological services to the public. This compact is intended to establish a pathway to
26 allow school psychologists to obtain equivalent licenses to provide school psychological
27 services in any member state. In this way, this compact shall enable the member states
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1 to ensure that safe and effective school psychological services are available and
2 delivered by appropriately qualified professionals in their educational settings.
3 To facilitate the objectives described above, this compact:
4 A.      Enables school psychologists who qualify for receipt of an equivalent license to
5practice in other member states without first satisfying burdensome and
6duplicative requirements;
7 B.      Promotes the mobility of school psychologists between and among the member
8states in order to address workforce shortages and to ensure that safe and reliable
9school psychological services are available in each member state;
10 C.      Enhances the public accessibility of school psychological services by increasing
11the availability of qualified, licensed school psychologists through the
12establishment of an efficient and streamlined pathway for licensees to practice in
13other member states;
14 D.      Preserves and respects the authority of each member state to protect the health
15and safety of its residents by ensuring that only qualified, licensed professionals
16are authorized to provide school psychological services within that state;
17 E.      Requires school psychologists practicing within a member state to comply with
18the scope of practice laws present in the state where the school psychological
19services are being provided;
20 F.      Promotes cooperation between the member states in regulating the practice of
21school psychology within those states; and
22 G.      Facilitates the relocation of military members and their spouses who are licensed
23to provide school psychological services.
24SECTION 2. DEFINITIONS
25 A.      "Active military member" means any person with full-time duty status in the
26Armed Forces of the United States, including members of the National Guard
27and Reserve;
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1 B.      "Adverse action" means disciplinary action or encumbrance imposed on a
2license by a state licensing authority;
3 C.      "Alternative program" means a non-disciplinary, prosecutorial diversion,
4monitoring, or practice remediation process entered into in lieu of an adverse
5action which is applicable to a school psychologist and approved by the state
6licensing authority of a member state in which the participating school
7psychologist is licensed. This includes but is not limited to programs to which
8licensees with substance abuse or addiction issues may be referred in lieu of an
9adverse action;
10 D.      "Commissioner" means the individual appointed by a member state to serve as
11the representative to the commission for that member state;
12 E.      "Compact" means this School Psychologist Interstate Licensure Compact;
13 F.      "Continuing professional education" means a requirement, imposed by a
14member state as a condition of license renewal to provide evidence of successful
15participation in professional educational activities relevant to the provision of
16school psychological services;
17 G.      "Criminal background check" means the submission of fingerprints or other
18biometric information for a license applicant for the purpose of obtaining that
19applicant’s criminal history record information, as defined in 28 C.F.R. sec.
2020.3(d), and the state’s criminal history record repository as defined in 28 C.F.R.
21sec. 20.3(f);
22 H.      "Doctoral level degree" means a graduate degree program that consists of at
23least ninety (90) graduate semester hours in the field of school psychology
24including a supervised internship;
25 I.      "Encumbered license" means a license that a state licensing authority has
26limited in any way other than through an alternative program, including
27temporary or provisional licenses;
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1 J.      "Executive committee" means the commission’s chair, vice chair, secretary, and
2treasurer and any other commissioners as may be determined by commission rule
3or bylaw;
4 K.      "Equivalent license" means a license to practice school psychology which a
5member state has identified as a license which may be provided to school
6psychologists from other member states pursuant to this compact;
7 L.      "Home state" means the member state that issued the home state license to the
8licensee and is the licensee’s primary state of practice;
9 M.      "Home state license" means the license that is not an encumbered license issued
10by the home state to provide school psychological services;
11 N.      "License" means a current license, certification, or other authorization granted
12by a member state’s licensing authority that permits an individual to provide
13school psychological services;
14 O.      "Licensee" means an individual who holds a license from a member state to
15provide school psychological services;
16 P.      "Member state" means a state that has enacted the compact and been admitted to
17the commission in accordance with the provisions herein and commission rules;
18 Q.      "Model compact" means the model language for the School Psychologist
19Interstate Licensure Compact on file with the Council of State Governments or
20other entity as designated by the commission;
21 R.      "Practice of school psychology" means the delivery of school psychological
22services;
23 S.      "Qualifying national exam" means a national licensing examination endorsed by
24the National Association of School Psychologists and any other exam as
25approved by the rules of the commission;
26 T.      "Qualifying school psychologist education program" means an education
27program which awards a specialist-level or doctoral-level degree or equivalent
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1upon completion and is approved by the rules of the commission as meeting the
2necessary minimum educational standards to ensure that its graduates are ready,
3qualified, and able to engage in the practice of school psychology;
4 U.      "Remote state" means a member state other than the home state where a licensee
5holds a license through the compact;
6 V.      "Rule" means a regulation promulgated by an entity, including but not limited to
7the commission and the state licensing authority of each member state, that has
8the force of law;
9 W.      "School psychological services" means academic, mental and behavioral health
10services, including assessment, prevention, consultation and collaboration,
11intervention, and evaluation provided by a school psychologist in a school, as
12outlined in applicable professional standards as determined by commission rule;
13 X.      "School psychologist" means an individual who has met the requirements to
14obtain a home state license that legally conveys the professional title of school
15psychologist, or its equivalent as determined by the rules of the commission;
16 Y.      "School  Psychologist  Interstate   Licensure   Compact   Commission"   or
17"commission" means the joint government agency established by this compact
18whose membership consists of representatives from each member state that has
19enacted the compact, and as further described in Section 7 of this compact;
20 Z.      "Scope of practice" means the procedures, actions, and processes a school
21psychologist licensed in a state is permitted to undertake in that state and the
22circumstances under which that licensee is permitted to undertake those
23procedures, actions, and processes. Such procedures, actions, and processes, and
24the circumstances under which they may be undertaken, may be established
25through means including but not limited to statute, regulations, case law, and
26other processes available to the state licensing authority or other government
27agency;
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1 AA. "Specialist-level degree" means a degree program that requires at least sixty (60)
2graduate semester hours or equivalent in the field of school psychology including
3a supervised internship;
4 BB. "State" means any state, commonwealth, district, or territory of the United States
5of America;
6 CC. "State licensing authority" means a member state’s regulatory body responsible
7for issuing licenses or otherwise overseeing the practice of school psychology;
8 DD. "State specific requirement" means a requirement for licensure covered in
9coursework or examination that includes content of unique interest to the state;
10and
11 EE. "Unencumbered license" means a license that authorizes a licensee to engage in
12the full and unrestricted practice of school psychology.
13SECTION 3. STATE PARTICIPATION IN THE COMPACT
14 A.      To be eligible to join this compact, and to maintain eligibility as a member state, a
15state must:
161.      Enact a compact statute that is not materially different from the model
17compact as defined in the commission’s rules;
182.      Participate in the sharing of information with other member states as
19reasonably necessary to accomplish the objectives of this compact, and as
20further defined in Section 8 of this compact;
213.      Identify and maintain with the commission a list of equivalent licenses
22available to licensees who hold a home state license under this compact;
234.      Have a mechanism in place for receiving and investigating complaints
24about licensees;
255.      Notify the commission, in compliance with the terms of the compact and the
26commission’s rules, of any adverse action taken against a licensee, or of the
27availability of investigative information which relates to a licensee or
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1applicant for licensure;
26.      Require that applicants for a home state license have:
3a.      Taken and passed a qualifying national exam as defined by the rules
4of the commission;
5b.      Completed a minimum of one thousand two hundred (1,200) hours of
6supervised internship, of which at least six hundred (600) hours must
7have been completed in a school, prior to being approved for
8licensure; and
9c.      Graduated from a qualifying school psychologist education program;
10and
117.      Comply with the terms of this compact and the rules of the commission.
12 B.      Each member state shall grant an equivalent license to practice school
13psychology in that state upon application by a licensee who satisfies the criteria of
14Section 4.A. of this compact. Each member state shall grant renewal of the
15equivalent license to a licensee who satisfies the criteria of Section 4.B. of this
16compact.
17 C.      Member states may set and collect a fee for granting an equivalent license.
18    SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
19 A.      To obtain and maintain an equivalent license from a remote state under this
20compact, a licensee must:
211.      Hold and maintain an active home state license;
222.      Satisfy any applicable state specific requirements established by the member
23state after an equivalent license is granted;
243.      Complete any administrative or application requirements which the
25commission may establish by rule, and pay any associated fees;
264.      Complete any requirements for renewal in the home state, including
27applicable continuing professional education requirements; and
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15.      Upon their application to receive a license under this compact, undergo a
2criminal background check in the member state in which the equivalent
3license is sought in accordance with the laws and regulations of such
4member state.
5 B.      To renew an equivalent license in a member state other than the home state, a
6licensee must only apply for renewal, complete a background check, and pay
7renewal fees as determined by the licensing authority.
8SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
9 A licensee who is an active military member or is the spouse of an active military
10 member shall be deemed to hold a home state license in any of the following locations:
11 A.      The licensee’s permanent residence;
12 B.      A member state that is the licensee’s primary state of practice; or
13 C.      A member state where the licensee has relocated pursuant to a permanent change
14of station (PCS).
15SECTION 6. DISCIPLINE AND ADVERSE ACTIONS
16 A.      Nothing in this compact shall be deemed or construed to limit the authority of a
17member state to investigate or impose disciplinary measures on licensees
18according to the state practice laws thereof.
19 B.      Member states shall be authorized to receive, and shall provide, files and
20information regarding the investigation and discipline, if any, of licensees in
21other member states upon request. Any member state receiving such information
22or files shall protect and maintain the security and confidentiality thereof, in at
23least the same manner that it maintains its own investigatory or disciplinary files
24and information. Prior to disclosing any disciplinary or investigatory information
25received from another member state, the disclosing state shall communicate its
26intention and purpose for such disclosure to the member state which originally
27provided that information.
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1SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST
2INTERSTATE LICENSURE COMPACT COMMISSION
3 A.      The member states hereby create and establish a joint government agency whose
4membership consists of all member states that have enacted the compact, and this
5agency shall be known as the School Psychologist Interstate Licensure Compact
6Commission. The commission is an instrumentality of the member states acting
7jointly and not an instrumentality of any one (1) state. The commission shall
8come into existence on or after the effective date of the compact as set forth in
9Section 11 of this compact.
10 B.      Membership, voting, and meetings:
111.      Each member state shall have and be limited to one (1) delegate selected by
12that member state’s state licensing authority.
132.      The delegate shall be the primary administrative officer of the member state
14licensing authority or their designee who is an employee of the member
15state licensing authority.
163.      The commission shall by rule or bylaw establish a term of office for
17delegates and may by rule or bylaw establish term limits.
184.      The commission may recommend removal or suspension of any delegate
19from office.
205.      A member state’s licensing authority shall fill any vacancy of its delegate
21occurring on the commission within sixty (60) days of the vacancy.
226.      Each delegate shall be entitled to one (1) vote on all matters before the
23commission requiring a vote by commission delegates.
247.      A delegate shall vote in person or by such other means as provided in the
25bylaws.        The       bylaws   may    provide   for   delegates   to   meet   by
26telecommunication, videoconference, or other means of communication.
278.      The commission shall meet at least once during each calendar year.
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1Additional meetings may be held as set forth in the bylaws. The commission
2may meet by telecommunication, videoconference or other similar
3electronic means.
4 C.      The commission shall have the following powers:
51.      Establish the fiscal year of the commission;
62.      Establish code of conduct and conflict of interest policies;
73.      Establish and amend rules and bylaws;
84.      Establish the procedure through which a licensee may change their home
9state;
105.      Maintain its financial records in accordance with the bylaws;
116.      Meet and take such actions as are consistent with the provisions of this
12compact, the commission’s rules, and the bylaws;
137.      Initiate and conclude legal proceedings or actions in the name of the
14commission, provided that the standing of any member state licensing
15authority to sue or be sued under applicable law shall not be affected;
168.      Maintain and certify records and information provided to a member state as
17the authenticated business records of the commission, and designate an
18agent to do so on the commission's behalf;
199.      Purchase and maintain insurance and bonds;
2010.     Borrow, accept, or contract for services of personnel, including but not
21limited to employees of a member state;
2211.     Conduct an annual financial review;
2312.     Hire employees, elect or appoint officers, fix compensation, define duties,
24grant such individuals appropriate authority to carry out the purposes of the
25compact, and establish the commission’s personnel policies and programs
26relating to conflicts of interest, qualifications of personnel, and other
27related personnel matters;
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113.     Assess and collect fees;
214.     Accept any and all appropriate gifts, donations, grants of money, other
3sources of revenue, equipment, supplies, materials, and services, and
4receive, utilize, and dispose of the same, provided that at all times the
5commission shall avoid any appearance of impropriety and/or conflict of
6interest;
715.     Lease, purchase, retain, own, hold, improve, or use any property, real,
8personal, or mixed, or any undivided interest therein;
916.     Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
10dispose of any property real, personal, or mixed;
1117.     Establish a budget and make expenditures;
1218.     Borrow money;
1319.     Appoint committees, including standing committees, composed of members,
14state regulators, state legislators or their representatives, and consumer
15representatives, and such other interested persons as may be designated in
16this compact and the bylaws;
1720.     Provide and receive information from, and cooperate with, law enforcement
18agencies;
1921.     Establish and elect an executive committee, including a chair and a vice
20chair;
2122.     Determine whether a state’s adopted language is materially different from
22the model compact language such that the state would not qualify for
23participation in the compact; and
2423.     Perform such other functions as may be necessary or appropriate to achieve
25the purposes of this compact.
26 D.      The executive committee:
271.      The executive committee shall have the power to act on behalf of the
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1commission according to the terms of this compact. The powers, duties, and
2responsibilities of the executive committee shall include:
3a.      Oversee the day-to-day activities of the administration of the compact
4including enforcement and compliance with the provisions of the
5compact, its rules and bylaws, and other such duties as deemed
6necessary;
7b.      Recommend to the commission changes to the rules or bylaws,
8changes to this compact legislation, fees charged to member states,
9fees charged to licensees, and other fees;
10c.      Ensure compact administration services are appropriately provided,
11including by contract;
12d.      Prepare and recommend the budget;
13e.      Maintain financial records on behalf of the commission;
14f.      Monitor compact compliance of member states, and provide
15compliance reports to the commission;
16g.      Establish additional committees as necessary;
17h.      Exercise the powers and duties of the commission during the interim
18between commission meetings, except for adopting or amending rules,
19adopting or amending bylaws, and exercising any other powers and
20duties expressly reserved to the commission by rule or bylaw; and
21i.      Other duties as provided in the rules or bylaws of the commission.
222.      The executive committee shall be composed of up to seven (7) members:
23a.      The chair and vice chair of the commission shall be voting members
24of the executive committee; and
25b.      The commission shall elect five (5) voting members from the current
26membership of the commission.
273.      The commission may remove any member of the executive committee as
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1provided in the commission’s bylaws.
24.      The executive committee shall meet at least annually.
3a.      Executive committee meetings shall be open to the public, except that
4the executive committee may meet in a closed, non-public meeting as
5provided in subsection F.2. of this section.
6b.      The executive committee shall give thirty (30) days’ notice of its
7meetings, posted on its website and as determined to provide notice to
8persons with an interest in the business of the commission.
9c.      The executive committee may hold a special meeting in accordance
10with subsection F.1.b. of this section.
11 E.      The commission shall adopt and provide to the member states an annual report.
12 F.      Meetings of the commission:
131.      All meetings shall be open to the public, except that the commission may
14meet in a closed, non-public meeting as provided in subsection F.2. of this
15section.
16a.      Public notice for all meetings of the full commission shall be given in
17the same manner as required under the rulemaking provisions in
18Section 9 of this compact, except that the commission may hold a
19special meeting as provided in subsection F.1.b. of this section.
20b.      The commission may hold a special meeting when it must meet to
21conduct emergency business by giving forty-eight (48) hours’ notice to
22all commissioners, on the commission’s website, and other means as
23provided in the commission’s rules. The commission’s legal counsel
24shall certify that the commission’s need to meet qualifies as an
25emergency.
262.      The commission or the executive committee or other committees of the
27commission may convene in a closed, non-public meeting for the
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1commission or executive committee or other committees of the commission
2to receive legal advice or to discuss:
3a.      Non-compliance of a member state with its obligations under the
4compact;
5b.      The employment, compensation, discipline or other matters, practices
6or procedures related to specific employees;
7c.      Current or threatened discipline of a licensee by the commission or by
8a member state’s licensing authority;
9d.      Current, threatened, or reasonably anticipated litigation;
10e.      Negotiation of contracts for the purchase, lease, or sale of goods,
11services, or real estate;
12f.      Accusing any person of a crime or formally censuring any person;
13g.      Trade secrets or commercial or financial information that is privileged
14or confidential;
15h.      Information of a personal nature where disclosure would constitute a
16clearly unwarranted invasion of personal privacy;
17i.      Investigative records compiled for law enforcement purposes;
18j.      Information related to any investigative reports prepared by or on
19behalf of or for use of the commission or other committee charged
20with responsibility of investigation or determination of compliance
21issues pursuant to the compact;
22k.      Matters specifically exempted from disclosure by federal or member
23state law; or
24l.      Other matters as promulgated by the commission by rule.
253.      If a meeting, or portion of a meeting, is closed, the presiding officer shall
26state that the meeting will be closed and reference each relevant exempting
27provision, and such reference shall be recorded in the minutes.
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14.      The commission shall keep minutes that fully and clearly describe all
2matters discussed in a meeting and shall provide a full and accurate
3summary of actions taken, and the reasons therefore, including a
4description of the views expressed. All documents considered in connection
5with an action shall be identified in such minutes. All minutes and
6documents of a closed meeting shall remain under seal, subject to release
7only by a majority vote of the commission or order of a court of competent
8jurisdiction.
9 G.      Financing of the commission:
101.      The commission shall pay, or provide for the payment of, the reasonable
11expenses of its establishment, organization, and ongoing activities.
122.      The commission may accept any and all appropriate revenue sources as
13provided in subsection C.14. of this section.
143.      The commission may levy on and collect an annual assessment from each
15member state and impose fees on licensees practicing in the member states
16under an equivalent license to cover the cost of the operations and activities
17of the commission and its staff, which must be in a total amount sufficient
18to cover its annual budget as approved each year for which revenue is not
19provided by other sources. The aggregate annual assessment amount for
20member states shall be allocated based upon a formula that the commission
21shall promulgate by rule.
224.      The commission shall not incur obligations of any kind prior to securing
23the funds adequate to meet the same; nor shall the commission pledge the
24credit of any of the member states, except by and with the authority of the
25member state.
265.      The commission shall keep accurate accounts of all receipts and
27disbursements. The receipts and disbursements of the commission shall be
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1subject to the financial review and accounting procedures established under
2its bylaws. However, all receipts and disbursements of funds handled by the
3commission shall be subject to an annual financial review by a certified or
4licensed public accountant, and the report of the financial review shall be
5included in and become part of the annual report of the commission.
6 H.      Qualified immunity, defense, and indemnification:
71.      The members, officers, executive director, employees and representatives of
8the commission shall be immune from suit and liability, both personally and
9in their official capacity, for any claim for damage to or loss of property or
10personal injury or other civil liability caused by or arising out of any actual
11or alleged act, error, or omission that occurred, or that the person against
12whom the claim is made had a reasonable basis for believing occurred
13within the scope of commission employment, duties or responsibilities;
14provided that nothing in this paragraph shall be construed to protect any
15such person from suit or liability for any damage, loss, injury, or liability
16caused by the intentional, willful, or wanton misconduct or negligent
17conduct of that person. The procurement of insurance of any type by the
18commission shall not in any way compromise or limit the immunity granted
19hereunder.
202.      The commission shall defend any member, officer, executive director,
21employee, and representative of the commission in any civil action seeking
22to impose liability arising out of any actual or alleged act, error, or omission
23that occurred within the scope of commission employment, duties, or
24responsibilities, or as determined by the commission that the person against
25whom the claim is made had a reasonable basis for believing occurred
26within the scope of commission employment, duties, or responsibilities;
27provided that nothing herein shall be construed to prohibit that person from
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1retaining their own counsel at their own expense; and provided further, that
2the actual or alleged act, error, or omission did not result from that person’s
3intentional, willful, or wanton misconduct or negligent conduct.
43.      The commission shall indemnify and hold harmless any member, officer,
5executive director, employee, and representative of the commission for the
6amount of any settlement or judgment obtained against that person arising
7out of any actual or alleged act, error, or omission that occurred within the
8scope of commission employment, duties, or responsibilities, or that such
9person had a reasonable basis for believing occurred within the scope of
10commission employment, duties, or responsibilities, provided that the actual
11or alleged act, error, or omission did not result from the intentional, willful,
12or wanton misconduct or negligent conduct of that person.
134.      Nothing herein shall be construed as a limitation on the liability of any
14licensee for professional malpractice or misconduct, which shall be
15governed solely by any other applicable state laws.
165.      Nothing in this compact shall be interpreted to waive or otherwise abrogate
17a member state’s state action immunity or state action affirmative defense
18with respect to antitrust claims under the Sherman Act, Clayton Act, or any
19other state or federal antitrust or anticompetitive law or regulation.
206.      Nothing in this compact shall be construed to be a waiver of sovereign
21immunity by the member states or by the commission.
227.      The liability of the executive director and employees of the compact
23commission or representatives of the School Psychologist Interstate
24Licensure Compact Commission, acting within the scope of such person's
25employment or duties for acts, errors, or omissions may not exceed the
26limits of liability set forth under the constitution and laws of that state for
27state officials, employees, and agents. The commission is considered to be
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1an instrumentality of the member states for the purposes of any such action.
2SECTION 8. FACILITATING INFORMATION EXCHANGE
3 A.      The commission shall provide for facilitating the exchange of information to
4administer and implement the provisions of this compact in accordance with the
5rules of the commission, consistent with generally accepted data protection
6principles.
7 B.      Notwithstanding any other provision of state law to the contrary, a member state
8shall agree to provide for the facilitation of the following licensee information as
9required by the rules of the commission, including:
101.      Identifying information;
112.      Licensure data;
123.      Adverse actions against a license and information related thereto;
134.      Non-confidential information related to alternative program participation,
14the beginning and ending dates of such participation, and other information
15related to such participation not made confidential under member state law;
165.      Any denial of application for licensure, and the reason(s) for such denial;
176.      The presence of investigative information; and
187.      Other information that may facilitate the administration of this compact or
19the protection of the public, as determined by the rules of the commission.
20 C.      Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the
21power of a member state to control and maintain ownership of its licensee
22information or alter, limit, or inhibit the laws or regulations governing licensee
23information in the member state.
24SECTION 9. RULEMAKING
25 A.      The commission shall exercise its rulemaking powers pursuant to the criteria set
26forth in this interstate compact and the rules adopted thereunder. Rules and
27amendments shall become binding as of the date specified in each rule or
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1amendment.
2 B.      The commission shall promulgate reasonable rules to achieve the intent and
3purpose of this interstate compact. In the event the commission exercises its
4rulemaking authority in a manner that is beyond purpose and intent of this
5interstate compact, or the powers granted hereunder, then such an action by the
6commission shall be invalid and have no force and effect of law in the member
7states.
8 C.      If a majority of the legislatures of the member states rejects a rule, by enactment
9of a statute or resolution in the same manner used to adopt the compact within
10four (4) years of the date of adoption of the rule, then such rule shall have no
11further force and effect in any member state.
12 D.      Rules or amendments to the rules shall be adopted or ratified at a regular or
13special meeting of the commission in accordance with commission rules and
14bylaws.
15 E.      Prior to promulgation and adoption of a final rule or rules by the commission,
16and at least thirty (30) days in advance of the meeting at which the rule will be
17considered and voted upon, the commission shall file a notice of proposed
18rulemaking:
191.      On the website of the commission or other publicly accessible platform; and
202.      On the website of each member state licensing authority or other publicly
21accessible platform or the publication in which each state would otherwise
22publish proposed rules.
23 F.      Upon determination that an emergency exists, the commission may consider and
24adopt an emergency rule with forty-eight (48) hours’ notice, with opportunity to
25comment, provided that the usual rulemaking procedures shall be retroactively
26applied to the rule as soon as reasonably possible, in no event later than ninety
27(90) days after the effective date of the rule. For the purposes of this provision, an
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1emergency rule is one that must be adopted immediately in order to:
21.      Meet an imminent threat to public health, safety, or welfare;
32.      Prevent a loss of commission or member state funds;
43.      Meet a deadline for the promulgation of an administrative rule that is
5established by federal law or rule; or
64.      Protect public health and safety.
7      SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
8 A.      Oversight:
91.      The executive and judicial branches of the state government in each
10member state shall enforce this compact and take all actions necessary and
11appropriate to implement the compact.
122.      Venue is proper and judicial proceedings by or against the commission shall
13be brought solely and exclusively in a court of competent jurisdiction where
14the principal office of the commission is located. The commission may
15waive venue and jurisdictional defenses to the extent it adopts or consents to
16participate in alternative dispute resolution proceedings. Nothing herein
17shall affect or limit the selection or propriety of venue in any action against
18a licensee for professional malpractice, misconduct or any such similar
19matter.
203.      The commission shall be entitled to receive service of process in any
21proceeding regarding the enforcement or interpretation of the compact and
22shall have standing to intervene in such a proceeding for all purposes.
23Failure to provide the commission service of process shall render a
24judgment or order void as to the commission, this compact, or promulgated
25rules.
26 B.      Default, technical assistance, and termination:
271.      If the commission determines that a member state has defaulted in the
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1performance of its obligations or responsibilities under this compact or the
2promulgated rules, the commission shall provide written notice to the
3defaulting state. The notice of default shall describe the default, the
4proposed means of curing the default, and any other action that the
5commission may take, and shall offer training and specific technical
6assistance regarding the default.
72.      The commission shall provide a copy of the notice of default to the other
8member states.
9 C.      If a state in default fails to cure the default, the defaulting state may be
10terminated from the compact upon an affirmative vote of a supermajority of the
11delegates of the member states, and all rights, privileges and benefits conferred
12on that state by this compact may be terminated on the effective date of
13termination. A cure of the default does not relieve the offending state of
14obligations or liabilities incurred during the period of default.
15 D.      Termination of membership in the compact shall be imposed only after all other
16means of securing compliance have been exhausted. Notice of intent to suspend
17or terminate shall be given by the commission to the governor, the majority and
18minority leaders of the defaulting state’s legislature, the defaulting state’s
19licensing authority, and each of the member states’ licensing authorities.
20 E.      A state that has been terminated is responsible for all assessments, obligations,
21and liabilities incurred through the effective date of termination, including
22obligations that extend beyond the effective date of termination.
23 F.      Upon the termination of a state’s membership from this compact, that state shall
24immediately provide notice to all licensees within that state of such termination.
25The terminated state shall continue to recognize all licenses granted pursuant to
26this compact for a minimum of six (6) months after the date of said notice of
27termination.
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1 G.      The commission shall not bear any costs related to a state that is found to be in
2default or that has been terminated from the compact, unless agreed upon in
3writing between the commission and the defaulting state.
4 H.      The defaulting state may appeal the action of the commission by petitioning the
5United States District Court for the District of Columbia or the federal district
6where the commission has its principal offices. The prevailing party shall be
7awarded all costs of such litigation, including reasonable attorney’s fees.
8 I.      Dispute resolution:
91.      Upon request by a member state, the commission shall attempt to resolve
10disputes related to the compact that arise among member states and between
11member and non-member states.
122.      The commission shall promulgate a rule providing for both mediation and
13binding dispute resolution for disputes as appropriate.
14 J.      Enforcement:
151.      By majority vote as provided by rule, the commission may initiate legal
16action against a member state in default in the United States District Court
17for the District of Columbia or the federal district where the commission
18has its principal offices to enforce compliance with the provisions of the
19compact and its promulgated rules. The relief sought may include both
20injunctive relief and damages. In the event judicial enforcement is
21necessary, the prevailing party shall be awarded all costs of such litigation,
22including reasonable attorney’s fees. The remedies herein shall not be the
23exclusive remedies of the commission. The commission may pursue any
24other remedies available under federal or the defaulting member state’s law.
252.       A member state may initiate legal action against the commission in the
26United States District Court for the District of Columbia or the federal
27district where the Commission has its principal offices to enforce
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1compliance with the provisions of the compact and its promulgated rules.
2The relief sought may include both injunctive relief and damages. In the
3event judicial enforcement is necessary, the prevailing party shall be
4awarded all costs of such litigation, including reasonable attorney’s fees.
53.      No person other than a member state shall enforce this compact against the
6commission.
7SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
8 A.      The compact shall come into effect on the date on which the compact statute is
9enacted into law in the seventh member state.
101.      On or after the effective date of the compact indicated above, the
11commission shall convene and review the enactment of each of the charter
12member states to determine if the statute enacted by each such charter
13member state is materially different than the model compact statute.
14a.      A charter member state whose enactment is found to be materially
15different from the model compact statute shall be entitled to the
16default process set forth in Section 10 of this compact.
17b.      If any member state is later found to be in default, or is terminated or
18withdraws from the compact, the commission shall remain in
19existence and the compact shall remain in effect even if the number of
20member states should be less than seven (7).
212.      Member states enacting the compact subsequent to the charter member
22states shall be subject to the process set forth in Section 7.C.22. of this
23compact to determine if their enactments are materially different from the
24model compact statute and whether they qualify for participation in the
25compact.
263.      All actions taken for the benefit of the commission or in furtherance of the
27purposes of the administration of the compact prior to the effective date of
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1the compact or the commission coming into existence shall be considered to
2be actions of the commission unless specifically repudiated by the
3commission.
4a.      Any state that joins the compact subsequent to the commission’s initial
5adoption of the rules and bylaws shall be subject to the rules and
6bylaws as they exist on the date on which the compact becomes law in
7that state. Any rule that has been previously adopted by the
8commission shall have the full force and effect of law on the day the
9compact becomes law in that state.
10b.      Any member state may withdraw from this compact by enacting a
11statute repealing the same.
12 B.      A member state’s withdrawal shall not take effect until one hundred eighty (180)
13days after enactment of the repealing statute.
14 C.      Withdrawal shall not affect the continuing requirement of the withdrawing
15state’s licensing authority to comply with the investigative and adverse action
16reporting requirements of this compact prior to the effective date of withdrawal.
17 D.      Upon the enactment of a statute withdrawing from this compact, a state shall
18immediately provide notice of such withdrawal to all licensees within that state.
19Notwithstanding any subsequent statutory enactment to the contrary, such
20withdrawing state shall continue to recognize all licenses granted pursuant to this
21compact for a minimum of six (6) months after the date of such notice of
22withdrawal.
231.      Nothing contained in this compact shall be construed to invalidate or
24prevent any licensure agreement or other cooperative arrangement between
25a member state and a non-member state that does not conflict with the
26provisions of this compact.
272.      This compact may be amended by the member states. No amendment to this
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1compact shall become effective and binding upon any member state until it
2is enacted into the laws of all member states.
3SECTION 12. CONSTRUCTION AND SEVERABILITY
4 A.      This compact and the commission’s rulemaking authority shall be liberally
5construed so as to effectuate the purposes, and the implementation and
6administration of the compact. Provisions of the compact expressly authorizing or
7requiring the promulgation of rules shall not be construed to limit the
8commission’s rulemaking authority solely for those purposes.
9 B.      The provisions of this compact shall be severable and if any phrase, clause,
10sentence or provision of this compact is held by a court of competent jurisdiction
11to be contrary to the constitution of any member state, a state seeking
12participation in the compact, or of the United States, or the applicability thereof
13to any government, agency, person or circumstance is held to be unconstitutional
14by a court of competent jurisdiction, the validity of the remainder of this compact
15and the applicability thereof to any other government, agency, person or
16circumstance shall not be affected thereby.
17 C.      Notwithstanding subsection B. of this section, the commission may deny a state’s
18participation in the compact or, in accordance with the requirements of Section
1910.B. of this compact, terminate a member state’s participation in the compact, if
20it determines that a constitutional requirement of a member state is a material
21departure from the compact. Otherwise, if this compact shall be held to be
22contrary to the constitution of any member state, the compact shall remain in full
23force and effect as to the remaining member states and in full force and effect as
24to the member state affected as to all severable matters.
25    SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
26LAWS
27 A.      Nothing herein shall prevent or inhibit the enforcement of any other law of a
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1member state that is not inconsistent with the compact.
2 B.      Any laws, statutes, regulations, or other legal requirements in a member state in
3conflict with the compact are superseded to the extent of the conflict.
4 C.      All permissible agreements between the commission and the member states are
5binding in accordance with their terms.
6SECTION 14. APPLICABILITY OF KENTUCKY STATE GOVERNMENT
7 In order to clarify the effect of certain provisions of this compact and to ensure that the
8 rights and responsibilities of the various branches of government are maintained, the
9 following shall be in effect in this state:
10 A.      By entering into this compact, this state authorizes the state licensing authority as
11defined in Section 2.CC. of this compact and as created by KRS 161.028 to
12implement the provisions of this compact.
13 B.      Notwithstanding any provision of this compact to the contrary:
141.      When a rule is adopted pursuant to Section 9 of this compact, the state
15licensing authority as defined by Section 2.CC. of this compact shall have
16sixty (60) days to review the rule for the purpose of filing the rule as an
17emergency administrative regulation pursuant to KRS 13A.190 and for
18filing the rule as an accompanying ordinary administrative regulation,
19following the requirements of KRS Chapter 13A. Failure by the state
20licensing authority as defined by Section 2.CC. of this compact to
21promulgate a rule adopted by the School Psychologist Interstate Licensure
22Compact Commission as an administrative regulation pursuant to KRS
23Chapter 13A shall result in withdrawal as set forth in Section 11 of this
24compact. Nothing in these provisions shall negate the applicability of a
25commission rule or Section 9 of this compact to this state;
262.      If the proposed administrative regulation is found deficient and the
27deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the
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1provisions of Section 10 of this compact shall apply. If the deficiency is
2resolved in a manner determined by the commission to be inconsistent with
3this compact or its rules, or if the procedures under Section 10 of this
4compact fail to resolve an issue, the withdrawal provisions of Section 11 of
5this compact shall apply; and
63.      If a court of competent jurisdiction determines that the School Psychologist
7Interstate Licensure Compact Commission created by Section 7 of this
8compact exercises its rulemaking authority in a manner that is beyond the
9scope of the purposes of this compact, or the powers granted under this
10compact, then such an action by the commission shall be invalid and have
11no force or effect.
12 C.      Section 7.G. of this compact pertaining to the financing of the commission shall
13not be interpreted to obligate the general fund of this state. Any funds used to
14finance this compact shall be from money collected pursuant to KRS 161.028.
15 D.      This compact shall apply only to those school psychologists who practice or work
16under a compact privilege.
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