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Delaware General Assembly· SB 107Signed

Interstate Compact for School Psychologists/Enact, the official text

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SPONSOR: Sen. Sturgeon & Rep. K. Williams
                                                                Sens. Buckson, Cruce, Hansen, Hoffner, Huxtable,
                                                                Lockman, Seigfried, Walsh; Reps. Burns, Chukwuocha,
                                                                Lambert, Lynn, Morrison, Neal, Osienski, Romer,
                                                                Ross Levin

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 107

    AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR
    SCHOOL PSYCHOLOGISTS.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1             Section 1. Amend Chapter 82, Title 14 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3             Subchapter IV. Interstate Compact for School Psychologists.

4             § 8241. Adoption.

5             The Interstate Compact for School Psychologists (“Compact”) is hereby enacted into law and entered into with all

6 other jurisdictions joining therein, in substantially the same form as in this subchapter.

7             § 8242. Purpose.

8             (a) The purpose of this Compact is to facilitate the interstate practice of school psychology in educational or

9 school settings, and in so doing to improve the availability of school psychological services to the public. This Compact is

10 intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological

11 services in any member state. In this way, this Compact shall enable the member states to ensure that safe and effective

12 school psychological services are available and delivered by appropriately qualified professionals in their educational

13 settings.

14            (b) To facilitate the objectives described above, this Compact does all of the following:

15            (1) Enables school psychologists who qualify for receipt of an equivalent license to practice in other member

16  states without first satisfying burdensome and duplicative requirements.

17            (2) Promotes the mobility of school psychologists between and among the member states in order to address

18  workforce shortages and to ensure that safe and reliable school psychological services are available in each member

19  state.

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20  (3) Enhances the public accessibility of school psychological services by increasing the availability of

21  qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees

22  to practice in other member states.

23  (4) Preserves and respects the authority of each member state to protect the health and safety of its residents

24  by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within

25  that state.

26  (5) Requires school psychologists practicing within a member state to comply with the scope of practice laws

27  present in the state where the school psychological services are being provided.

28  (6) Promotes cooperation between the member states in regulating the practice of school psychology within

29  those states.

30  (7) Facilitates the relocation of military members and their spouses who are licensed to provide school

31  psychological services.

32  § 8243. Definitions.

33  As used in this subchapter:

34  (1) “Active military member” means any person with full-time duty status in the armed forces of the United

35  States, including members of the National Guard and Reserve.

36  (2) “Adverse action” means disciplinary action or encumbrance imposed on a license by a state licensing

37  authority.

38  (3) “Alternative program” means a non-disciplinary, prosecutorial diversion, monitoring, or practice

39  remediation process entered into in lieu of an adverse action which is applicable to a school psychologist and approved

40  by the state licensing authority of a member state in which the participating school psychologist is licensed. This

41  includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in

42  lieu of an adverse action.

43  (4) “Commissioner” means the individual appointed by a member state to serve as the representative to the

44  Commission for that member state.

45  (5) “Compact” means this School Psychologist Interstate Licensure Compact.

46  (6) “Continuing professional education” means a requirement, imposed by a member state as a condition of

47  license renewal to provide evidence of successful participation in professional educational activities relevant to the

48  provision of school psychological services.

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49             (7) “Criminal background check” means the submission of fingerprints or other biometric information for a

50  license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28

51  C.F.R. § 20.3(d), and the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).

52             (8) “Doctoral-level degree” means a graduate degree program that consists of at least 90 graduate semester

53  hours in the field of school psychology including a supervised internship.

54             (9) “Encumbered license” means a license that a state licensing authority has limited in any way other than

55  through an alternative program, including temporary or provisional licenses.

56             (10) “Executive Committee” means the Commission’s Chair, Vice Chair, Secretary and Treasurer and any

57  other Commissioners as may be determined by Commission rule or bylaw.

58             (11) “Equivalent license” means a license to practice school psychology which a member state has identified

59  as a license which may be provided to school psychologists from other member states pursuant to this Compact.

60             (12) “Home state” means the member state that issued the home state license to the licensee and is the

61  licensee’s primary state of practice.

62             (13) “Home state license” means the license that is not an encumbered license issued by the home state to

63  provide school psychological services.

64             (14) “License” means a current license, certification, or other authorization granted by a member state’s

65  licensing authority that permits an individual to provide school psychological services.

66             (15) “Licensee” means an individual who holds a license from a member state to provide school psychological

67  services.

68             (16) “Member state” means a state that has enacted this Compact and been admitted to the Commission in

69  accordance with the provisions in this Compact and Commission rules.

70             (17) “Model compact” means the model language for the School Psychologist Interstate Licensure Compact

71  on file with the Council of State Governments or other entity as designated by the Commission.

72             (18) “Practice of school psychology” means the delivery of school psychological services.

73             (19) “Qualifying national exam” means a national licensing examination endorsed by the National

74  Association of School Psychologists and any other exam as approved by the rules of the Commission.

75             (20) “Qualifying school psychologist education program” means an education program which awards a

76  specialist-level or doctoral-level degree or equivalent upon completion and is approved by the rules of the Commission

77  as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to

78  engage in the practice of school psychology.

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79              (21) “Remote state” means a member state other than the home state where a licensee holds a license through

80   this Compact.

81              (22) “Rule” means a regulation promulgated by an entity, including but not limited to the Commission and the

82   state licensing authority of each member state, that has the force of law.

83              (23) “School psychological services” means academic, mental and behavioral health services including

84   assessment, prevention, consultation and collaboration, intervention, and evaluation provided by a school psychologist

85   in a school, as outlined in applicable professional standards as determined by Commission rule.

86              (24) “School psychologist” means an individual who has met the requirements to obtain a home state license

87   that legally conveys the professional title of school psychologist, or its equivalent as determined by the rules of the

88   Commission.

89              (25) “School Psychologist Interstate Licensure Compact Commission” or “Commission” means the joint

90   government agency established by this Compact whose membership consists of representatives from each member

91   state that has enacted this Compact, and as further described in § 8248 of this title.

92              (26) “Scope of practice” means the procedures, actions, and processes a school psychologist licensed in a state

93   is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those

94   procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they

95   may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and

96   other processes available to the state licensing authority or other government agency.

97              (27) “Specialist-level degree” means a degree program that requires at least 60 graduate semester hours or

98   equivalent in the field of school psychology including a supervised internship.

99              (28) “State” means any state, commonwealth, district, or territory of the United States of America.

100             (29) “State licensing authority” means a member state’s regulatory body responsible for issuing licenses or

101  otherwise overseeing the practice of school psychology.

102             (30) “State specific requirement” means a requirement for licensure covered in coursework or examination

103  that includes content of unique interest to the state.

104             (31) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted

105  practice of school psychology.

106  § 8244. State participation in this Compact.

107  (a) To be eligible to join this Compact, and to maintain eligibility as a member state, a state must do all of the

108 following:

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109  (1) Enact a compact statute that is not materially different from the model compact as defined in the

110  Commission’s rules.

111  (2) Participate in the sharing of information with other member states as reasonably necessary to accomplish

112  the objectives of this Compact, and as further defined in § 8249 of this title.

113  (3) Identify and maintain with the Commission a list of equivalent licenses available to licensees who hold a

114  home state license under this Compact.

115  (4) Have a mechanism in place for receiving and investigating complaints about licensees.

116  (5) Notify the Commission, in compliance with the terms of this Compact and the Commission’s rules, of any

117  adverse action taken against a licensee, or of the availability of investigative information which relates to a licensee or

118  applicant for licensure.

119  (6) Require that applicants for a home state license have done all of the following:

120                  a. Taken and passed a qualifying national exam as defined by the rules of the Commission.

121                  b. Completed a minimum of 1,200 hours of supervised internship, of which at least 600 must have been

122  completed in a school, prior to being approved for licensure.

123                  c. Graduated from a qualifying school psychologist education program.

124  (7) Comply with the terms of this Compact and the rules of the Commission.

125  (b) Each member state shall grant an equivalent license to practice school psychology in that state upon application

126 by a licensee who satisfies the criteria of § 8245(a) of this title. Each member state shall grant renewal of the equivalent

127 license to a licensee who satisfies the criteria of § 8245(b) of this title.

128  (c) Member states may set and collect a fee for granting an equivalent license.

129  § 8245. School psychologist participation in this Compact.

130  (a) To obtain and maintain an equivalent license from a remote state under this Compact, a licensee must do all of

131 the following:

132  (1) Hold and maintain an active home state license.

133  (2) Satisfy any applicable state specific requirements established by the member state after an equivalent

134  license is granted.

135  (3) Complete any administrative or application requirements which the Commission may establish by rule,

136  and pay any associated fees.

137  (4) Complete any requirements for renewal in the home state, including applicable continuing professional

138  education requirements.

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139          (5) Upon their application to receive a license under this Compact, undergo a criminal background check in

140  the member state in which the equivalent license is sought in accordance with the laws and regulations of such member

141  state.

142  (b) To renew an equivalent license in a member state other than the home state, a licensee must only apply for

143 renewal, complete a background check, and pay renewal fees as determined by the licensing authority.

144  § 8246. Active military members or their spouses.

145  A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold

146 a home state license in any of the following locations:

147          (1) The licensee’s permanent residence.

148          (2) A member state that is the licensee’s primary state of practice.

149          (3) A member state where the licensee has relocated pursuant to a Permanent Change of Station (PCS).

150  § 8247. Discipline/adverse actions.

151  (a) Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or

152 impose disciplinary measures on licensees according to the state practice laws thereof.

153  (b) Member states shall be authorized to receive, and shall provide, files and information regarding the

154 investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such

155 information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it

156 maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory

157 information received from another member state, the disclosing state shall communicate its intention and purpose for such

158 disclosure to the member state which originally provided that information.

159  § 8248. Establishment of the School Psychologist Interstate Licensure Compact Commission.

160  (a) The member states hereby create and establish a joint government agency whose membership consists of all

161 member states that have enacted this Compact, and this agency shall be known as the School Psychologist Interstate

162 Licensure Compact Commission. The Commission is an instrumentality of the member states acting jointly and not an

163 instrumentality of any one state. The Commission shall come into existence on or after the effective date of this Compact as

164 set forth in § 8252 of this title.

165  (b) Membership, voting, and meetings.

166          (1) Each member state shall have and be limited to 1 delegate selected by that member state’s state licensing

167  authority.

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168          (2) The delegate shall be the primary administrative officer of the member state licensing authority or their

169  designee who is an employee of the member state licensing authority.

170          (3) The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw

171  establish term limits.

172          (4) The Commission may recommend removal or suspension of any delegate from office.

173          (5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the Commission

174  within 60 days of the vacancy.

175          (6) Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by

176  Commission delegates.

177          (7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide

178  for delegates to meet by telecommunication, videoconference, or other means of communication.

179          (8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as

180  set forth in the bylaws. The Commission may meet by telecommunication, video conference or other similar electronic

181  means.

182  (c) The Commission shall have all of the following powers:

183          (1) Establish the fiscal year of the Commission.

184          (2) Establish code of conduct and conflict of interest policies.

185          (3) Establish and amend rules and bylaws.

186          (4) Establish the procedure through which a licensee may change their home state.

187          (5) Maintain its financial records in accordance with the bylaws.

188          (6) Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules,

189  and the bylaws.

190          (7) Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the

191  standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.

192          (8) Maintain and certify records and information provided to a member state as the authenticated business

193  records of the Commission, and designate an agent to do so on the Commission's behalf.

194          (9) Purchase and maintain insurance and bonds.

195          (10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a

196  member state.

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197  (11) Conduct an annual financial review; hire employees, elect or appoint officers, fix compensation, define

198  duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the

199  Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other

200  related personnel matters.

201  (12) Assess and collect fees.

202  (13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment,

203  supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the

204  Commission shall avoid any appearance of impropriety or conflict of interest.

205  (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any

206  undivided interest therein.

207  (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real,

208  personal, or mixed.

209  (16) Establish a budget and make expenditures.

210  (17) Borrow money.

211  (18) Appoint committees, including standing committees, composed of members, state regulators, state

212  legislators or their representatives, and consumer representatives, and such other interested persons as may be

213  designated in this Compact and the bylaws.

214  (19) Provide and receive information from, and cooperate with, law enforcement agencies.

215  (20) Establish and elect an executive committee, including a chair and a vice chair.

216  (21) Determine whether a state’s adopted language is materially different from the model compact language

217  such that the state would not qualify for participation in this Compact.

218  (22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this

219  Compact.

220  (d) The Executive Committee.

221  (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms

222  of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include all of the following:

223                  a. Oversee the day-to-day activities of the administration of this Compact including enforcement and

224  compliance with the provisions of this Compact, its rules and bylaws, and other such duties as deemed necessary.

225                  b. Recommend to the Commission changes to the rules or bylaws, changes to this Compact legislation,

226  fees charged to member states, fees charged to licensees, and other fees.

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227                  c. Ensure Compact administration services are appropriately provided, including by contract.

228                  d. Prepare and recommend the budget.

229                  e. Maintain financial records on behalf of the Commission; monitor Compact compliance of member

230  states and provide compliance reports to the Commission.

231                  f. Establish additional committees as necessary.

232                  g. Exercise the powers and duties of the Commission during the interim between Commission meetings,

233  except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties

234  expressly reserved to the Commission by rule or bylaw.

235                  h. Other duties as provided in the rules or bylaws of the Commission.

236           (2) The Executive Committee shall be composed of up to 7 members as follows:

237                  a. The chair and vice chair of the Commission shall be voting members of the Executive Committee.

238                  b. The Commission shall elect 5 voting members from the current membership of the Commission.

239           (3) The Commission may remove any member of the Executive Committee as provided in the Commission’s

240  bylaws.

241           (4) The Executive Committee shall meet at least annually.

242                  a. Executive Committee meetings shall be open to the public, except that the Executive Committee may

243  meet in a closed, non-public meeting as provided in paragraph (f)(2) of this section.

244                  b. The Executive Committee shall give 30 days’ notice of its meetings, posted on its website and as

245  determined to provide notice to persons with an interest in the business of the Commission.

246                  c. The Executive Committee may hold a special meeting in accordance with paragraph (f)(1)b. of this

247  section.

248  (e) The Commission shall adopt and provide to the member states an annual report.

249  (f) Meetings of the Commission.

250           (1) All meetings shall be open to the public, except that the Commission may meet in a closed, non-public

251  meeting as provided in paragraph (f)(2) of this section.

252                  a. Public notice for all meetings of the full Commission of meetings shall begiven in the same manner as

253  required under the rulemaking provisions in § 8250 of this title, except that the Commission may hold a special

254  meeting as provided in paragraph (f)(1)b. of this section.

255                  b. The Commission may hold a special meeting when it must meet to conduct emergency business by

256  giving 48 hours’ notice to all Commissioners, on the Commission’s website, and other means as provided in the

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257  Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as

258  an emergency.

259  (2) The Commission or the Executive Committee or other committees of the Commission may convene in a

260  closed, non-public meeting for the Commission or Executive Committee or other committees of the Commission to

261  receive legal advice or to discuss any of the following:

262                  a. Non-compliance of a member state with its obligations under this Compact.

263                  b. The employment, compensation, discipline or other matters, practices or procedures related to specific

264  employees.

265                  c. Current or threatened discipline of a licensee by the Commission or by a member state’s licensing

266  authority.

267                  d. Current, threatened, or reasonably anticipated litigation.

268                  e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

269                  f. Accusing any person of a crime or formally censuring any person.

270                  g. Trade secrets or commercial or financial information that is privileged or confidential.

271                  h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of

272  personal privacy.

273                  i. Investigative records compiled for law enforcement purposes.

274                  j. Information related to any investigative reports prepared by or on behalf of or for use of the

275  Commission or other committee charged with responsibility of investigation or determination of compliance issues

276  pursuant to this Compact.

277                  k. Matters specifically exempted from disclosure by federal or member state law.

278                  l. Other matters as promulgated by the Commission by rule.

279  (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be

280  closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

281  (4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and

282  shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the

283  views expressed. All documents considered in connection with an action shall be identified in such minutes. All

284  minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the

285  Commission or order of a court of competent jurisdiction.

286  (g) Financing of the Commission.

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287  (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment,

288  organization, and ongoing activities.

289  (2) The Commission may accept any and all appropriate revenue sources as provided in paragraph (c)(13) of

290  this section.

291  (3) The Commission may levy on and collect an annual assessment from each member state and impose fees

292  on licensees practicing in the member states under an equivalent license to cover the cost of the operations and

293  activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as

294  approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for

295  member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

296  (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the

297  same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the

298  member state.

299  (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and

300  disbursements of the Commission shall be subject to the financial review and accounting procedures established under

301  its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual

302  financial review by a certified or licensed public accountant, and the report of the financial review shall be included in

303  and become part of the annual report of the Commission.

304  (h) Qualified immunity, defense, and indemnification.

305  (1) The members, officers, executive director, employees and representatives of the Commission shall be

306  immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of

307  property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or

308  omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing

309  occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this

310  paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability

311  caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by

312  the Commission shall not in any way compromise or limit the immunity granted hereunder.

313  (2) The Commission shall defend any member, officer, executive director, employee, and representative of the

314  Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission

315  that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the

316  Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the

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317  scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be

318  construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the

319  actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

320             (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee,

321  and representative of the Commission for the amount of any settlement or judgment obtained against that person

322  arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment,

323  duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of

324  Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not

325  result from the intentional or willful or wanton misconduct of that person.

326             (4) Nothing in this Compact shall be construed as a limitation on the liability of any licensee for professional

327  malpractice or misconduct, which shall be governed solely by any other applicable state laws.

328             (5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state’s state action

329  immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or

330  any other state or federal antitrust or anticompetitive law or regulation.

331             (6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or

332  by the Commission.

333  § 8249. Facilitating information exchange.

334  (a) The Commission shall provide for facilitating the exchange of information to administer and implement the

335 provisions of this Compact in accordance with the rules of the Commission, consistent with generally accepted data

336 protection principles.

337  (b) Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the

338 facilitation of all of the following licensee information as required by the Rules of the Commission, including any of the

339 following:

340             (1) Identifying information.

341             (2) Licensure data.

342             (3) Adverse actions against a license and information related thereto.

343             (4) Non-confidential information related to alternative program participation, the beginning and ending dates

344  of such participation, and other information related to such participation not made confidential under member state law.

345             (5) Any denial of application for licensure, and the reason or reasons for such denial.

346             (6) The presence of investigative information.

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347  (7) Other information that may facilitate the administration of this Compact or the protection of the public, as

348  determined by the rules of the Commission.

349  (c) Nothing in this Compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to

350 control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing

351 licensee information in the member state.

352  § 8250. Rulemaking.

353  (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate

354 Compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each

355 rule or amendment.

356  (b) The Commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate

357 Compact. In the event the Commission exercises its rulemaking authority in a manner that is beyond purpose and intent of

358 this interstate Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have

359 no force and effect of law in the member states.

360  (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the

361 same manner used to adopt this Compact within 4 years of the date of adoption of the rule, then such rule shall have no

362 further force and effect in any member state.

363  (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission

364 in accordance with Commission rules and bylaws.

365  (e) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance

366 of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed

367 rulemaking in each of the following places:

368  (1) On the website of the Commission or other publicly accessible platform.

369  (2) On the website of each member state licensing authority or other publicly accessible platform or the

370  publication in which each state would otherwise publish proposed rules.

371  (f) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with

372 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied

373 to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes

374 of this provision, an emergency rule is one that must be adopted immediately in order to do any of the following:

375  (1) Meet an imminent threat to public health, safety, or welfare.

376  (2) Prevent a loss of Commission or member state funds.

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377            (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

378            (4) Protect public health and safety.

379  § 8251. Oversight, dispute resolution, and enforcement.

380  (a) Oversight.

381            (1) The executive and judicial branches of the state government in each member state shall enforce this

382  Compact and take all actions necessary and appropriate to implement this Compact.

383            (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and

384  exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The

385  Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative

386  dispute resolution proceedings. Nothing in this paragraph shall affect or limit the selection or propriety of venue in any

387  action against a licensee for professional malpractice, misconduct or any such similar matter.

388            (3) The Commission shall be entitled to receive service of process in any proceeding regarding the

389  enforcement or interpretation of this Compact and shall have standing to intervene in such a proceeding for all

390  purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the

391  Commission, this Compact, or promulgated rules.

392  (b) Default, technical assistance, and termination.

393            (1) If the Commission determines that a member state has defaulted in the performance of its obligations or

394  responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the

395  defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any

396  other action that the Commission may take, and shall offer training and specific technical assistance regarding the

397  default.

398            (2) The Commission shall provide a copy of the notice of default to the other member states.

399  (c) If a state in default fails to cure the default, the defaulting state may be terminated from this Compact upon an

400 affirmative vote of a supermajority of the delegates of the member states, and all rights, privileges and benefits conferred on

401 that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the

402 offending state of obligations or liabilities incurred during the period of default.

403  (d) Termination of membership in this Compact shall be imposed only after all other means of securing

404 compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the

405 governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority

406 and each of the member states’ licensing authorities.

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407  (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through

408 the effective date of termination, including obligations that extend beyond the effective date of termination.

409  (f) Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to

410 all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted

411 pursuant to this Compact for a minimum of 6 months after the date of said notice of termination.

412  (g) The Commission shall not bear any costs related to a state that is found to be in default or that has been

413 terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state.

414  (h) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the

415 District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be

416 awarded all costs of such litigation, including reasonable attorney’s fees.

417  (i) Dispute resolution.

418  (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to this Compact

419  that arise among member states and between member and non-member states.

420  (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for

421  disputes as appropriate.

422  (j) Enforcement.

423  (1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in

424  default in the United States District Court for the District of Columbia or the federal district where the Commission has

425  its principal offices to enforce compliance with the provisions of this Compact and its promulgated rules. The relief

426  sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing

427  party shall be awarded all costs of such litigation, including reasonable attorney’s fees. These remedies shall not be the

428  exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the

429  defaulting member state’s law.

430  (2) A member state may initiate legal action against the Commission in the U.S. District Court for the District

431  of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the

432  provisions of this Compact and its promulgated rules. The relief sought may include both injunctive relief and

433  damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such

434  litigation, including reasonable attorney’s fees.

435  (3) No person other than a member state shall enforce this Compact against the Commission.

436  § 8252. Effective date, withdrawal, and amendment.

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437  (a) This Compact shall come into effect on the date on which this Compact statute is enacted into law in the

438 seventh member state.

439              (1) On or after the effective date of this Compact indicated above, the Commission shall convene and review

440  the enactment of each of the charter member states to determine if the statute enacted by each such charter member

441  state is materially different than the model compact statute.

442                  a. A Charter member state whose enactment is found to be materially different from the model Compact

443  statute shall be entitled to the default process set forth in § 8251 of this title.

444                  b. If any member state is later found to be in default, or is terminated or withdraws from this Compact,

445  the Commission shall remain in existence and this Compact shall remain in effect even if the number of member

446  states should be less than seven.

447              (2) Member states enacting this Compact subsequent to the charter member states shall be subject to the

448  process set forth in § 8248(c)(21) of this title to determine if their enactments are materially different from the model

449  Compact statute and whether they qualify for participation in this Compact.

450              (3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration

451  of this Compact prior to the effective date of this Compact or the Commission coming into existence shall be

452  considered to be actions of the Commission unless specifically repudiated by the Commission.

453                  a. Any state that joins this Compact subsequent to the Commission’s initial adoption of the rules and

454  bylaws shall be subject to the rules and bylaws as they exist on the date on which this Compact becomes law in

455  that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law

456  on the day this Compact becomes law in that state.

457                  b. Any member state may withdraw from this Compact by enacting a statute repealing the same.

458  (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

459  (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to

460 comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of

461 withdrawal.

462  (d) Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of

463 such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary,

464 such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 6

465 months after the date of such notice of withdrawal.

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466               (1) Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or

467  other cooperative arrangement between a member state and a non-member state that does not conflict with the

468  provisions of this Compact.

469               (2) This Compact may be amended by the member states. No amendment to this Compact shall become

470  effective and binding upon any member state until it is enacted into the laws of all member states.

471           § 8253. Construction and severability.

472           (a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the

473 purposes, and the implementation and administration of this Compact. Provisions of this Compact expressly authorizing or

474 requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those

475 purposes.

476           (b) The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this

477 Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking

478 participation in this Compact, or of the United States, or the applicability thereof to any government, agency, person or

479 circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this

480 Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected

481 thereby.

482           (c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in this

483 Compact or, in accordance with the requirements of § 8251(b) of this title, terminate a member state’s participation in this

484 Compact, if it determines that a constitutional requirement of a member state is a material departure from this Compact.

485 Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in

486 full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all

487 severable matters.

488           § 8254. Consistent effect and conflict with other state laws.

489           (a) Nothing in this section shall prevent or inhibit the enforcement of any other law of a member state that is not

490 inconsistent with this Compact.

491           (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this Compact are

492 superseded to the extent of the conflict.

493           (c) All permissible agreements between the Commission and the member states are binding in accordance with

494 their terms.

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495  Section 2. This Act takes effect upon the enactment of the Interstate Compact for School Psychologists by the

496 seventh state. Upon enactment by the seventh state, the Secretary of the Department of Education shall provide notice

497 published in the Register of Regulations that the Interstate Compact for School Psychologists has been adopted by 7 states.

                                                                         SYNOPSIS

               This Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the
     interstate practice of school psychology in educational settings. School-based mental health services are in high demand in
     Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway
     for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the
     Compact, the Act aims to increase the availability of school psychological services for students in this State.

               The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact
     has been enacted in 2 states and legislation is pending in several others.

                                                                                                                            Author: Senator Sturgeon

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Every fact on this page links to its source, starting with the official bill record.