WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 4951
BY DELEGATES W. CLARK, E. PRITT, KUMP, FERRELL,
FOGGIN, AND WILLIS
[Passed March 9, 2024; in effect ninety days from passage.]
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1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article
2 designated §18-10R-1, §18-10R-2, §18-10R-3, §18-10R-4, §18-10R-5, §18-10R-6, §18-
3 10R-7, §18-10R-8, §18-10R-9, §18-10R-10, §18-10R-11, §18-10R-12, and §18-10R-13,
4 relating to the Interstate Compact for School Psychologists; stating purpose; defining
5 terms; providing for state and school psychologists’ participation in compact; determining
6 home state for active military members and their spouses; providing for discipline by the
7 state; establishment of school psychologist interstate licensure compact commission and
8 providing its powers and duties; facilitating information exchange; providing for oversight,
9 dispute resolution and enforcement; providing an effective date, and process for
10 withdrawal of a state and amendments; providing for construction and severability; and
11 providing for consistent state laws with the compact superseding any laws in conflict with
12 the compact.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10R. INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS.
§18-10R-1. Interstate Compact for School psychologists; purpose.
1 (a) The purpose of this compact is to facilitate the interstate practice of school psychology
2 in educational or school settings, and in so doing to improve the availability of school
3 psychological services to the public. This compact is intended to establish a pathway to allow
4 school psychologists to obtain equivalent licenses to provide school psychological services in any
5 member state. In this way, this compact shall enable the member states to ensure that safe and
6 effective school psychological services are available and delivered by appropriately qualified
7 professionals in their educational settings.
8 (b) To facilitate the objectives described in subsection (a) of this section, this compact:
9 (1) Enables school psychologists who qualify for receipt of an equivalent license to
10 practice in other member states without first satisfying burdensome and duplicative requirements;
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11 (2) Promotes the mobility of school psychologists between and among the member states
12 in order to address workforce shortages and to ensure that safe and reliable school psychological
13 services are available in each member state;
14 (3) Enhances the public accessibility of school psychological services by increasing the
15 availability of qualified, licensed school psychologists through the establishment of an efficient
16 and streamlined pathway for licensees to practice in other member states;
17 (4) Preserves and respects the authority of each member state to protect the health and
18 safety of its residents by ensuring that only qualified, licensed professionals are authorized to
19 provide school psychological services within that state;
20 (5) Requires school psychologists practicing within a member state to comply with the
21 scope of practice laws present in the state where the school psychological services are being
22 provided;
23 (6) Promotes cooperation between the member states in regulating the practice of school
24 psychology within those states; and
25 (7) Facilitates the relocation of military members and their spouses who are licensed to
26 provide school psychological services.
§18-10R-2. Definitions.
1 “Active Military Member” means any person with full-time duty status in the armed forces
2 of the United States, including members of the National Guard and Reserve.
3 “Adverse Action” means disciplinary action or encumbrance imposed on a license by a
4 state licensing authority.
5 “Alternative Program” means a non-disciplinary, prosecutorial diversion, monitoring, or
6 practice remediation process entered into in lieu of an adverse action which is applicable to a
7 school psychologist and approved by the state licensing authority of a member state in which the
8 participating school psychologist is licensed. This includes, but is not limited to, programs to which
9 licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.
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10 “Commissioner” means the individual appointed by a member state to serve as the
11 representative to the commission for that member state.
12 “Compact” means this School Psychologist Interstate Licensure Compact.
13 “Continuing Professional Education” means a requirement, imposed by a member state
14 as a condition of license renewal to provide evidence of successful participation in professional
15 educational activities relevant to the provision of school psychological services.
16 “Criminal Background Check” means the submission of fingerprints or other biometric-
17 information for a license applicant for the purpose of obtaining that applicant’s criminal history
18 record information, as defined in 28 C.F.R. § 20.3(d), and the state’s criminal history record
19 repository as 81 defined in 28 C.F.R. § 20.3(f).
20 “Doctoral Level Degree” means a graduate degree program that consists of at least 90
21 graduate semester hours in the field of school psychology including a supervised internship.
22 “Encumbered License” means a license that a state licensing authority has limited in any
23 way other than through an alternative program, including temporary or provisional licenses.
24 “Executive committee” means the commission’s chair, vice chair, secretary and treasurer
25 and any other commissioners as may be determined by commission rule or bylaw.
26 “Equivalent License” means a license to practice school psychology which a member
27 state has identified as a license which may be provided to school psychologists from other
28 member states pursuant to this compact.
29 “Home state” means the member state that issued the home state license to the licensee
30 and is the licensee’s primary state of practice.
31 “Home state License” means the license that is not an encumbered license issued by the
32 home state to provide school psychological services.
33 “School Psychological Services” means academic, mental and behavioral health services
34 including assessment, prevention, consultation and collaboration, intervention, and evaluation
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35 provided by a school psychologist in a school, as outlined in applicable professional standards as
36 determined by commission rule.
37 “License” means a current license, certification, or other authorization granted by a
38 member state’s licensing authority that permits an individual to provide school psychological
39 services.
40 “Licensee” means an individual who holds a license from a member state to provide
41 school psychological services.
42 “Licensing Authority” means a member state’s regulatory body responsible for issuing
43 licenses or otherwise overseeing the practice of school psychology.
44 “Member State” means a state that has enacted the compact and been admitted to the
45 commission in accordance with the provisions of this article and commission rules.
46 “Model Compact” means the model language for the School Psychologist Interstate
47 Licensure Compact on file with the Council of State Governments or other entity as designated
48 by the commission.
49 “Practice of School Psychology” means the delivery school psychological services.
50 “School Psychologist Interstate Licensure Compact Commission” or “Commission”
51 means the joint government agency established by this compact whose membership consists of
52 representatives from each member state that has enacted the compact, and as further described
53 in section seven of this article.
54 “Specialist-Level Degree” means a degree program that requires at least 60 graduate
55 semester hours or their equivalent in the field of school psychology including a supervised
56 internship.
57 “Qualifying National Exam” means a national licensing examination endorsed by the
58 National Association of School Psychologists and any other exam as approved by the rules of the
59 commission.
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60 “Qualifying School Psychologist Education Program” means an education program which
61 awards a Specialist-Level or Doctoral-Level degree or equivalent upon completion and is
62 approved by the rules of the commission as meeting the necessary minimum educational
63 standards to ensure that its graduates are ready, qualified, and able to engage in the practice of
64 school psychology.
65 “Remote State” means a member state other than the home state where a licensee holds
66 a license through the compact.
67 “Rule” means a regulation promulgated by an entity, including but not limited to the
68 commission and the state licensing authority of each member state, that has the force of law.
69 “School Psychologist” means an individual who has met the requirements to obtain a
70 home state license that legally conveys the professional title of school psychologist, or its
71 equivalent as determined by the rules of the commission.
72 “Scope of Practice” means the procedures, actions, and processes a school psychologist
73 licensed in a state is permitted to undertake in that state and the circumstances under which that
74 licensee is permitted to undertake those procedures, actions, and processes. The procedures,
75 actions, and processes, and the circumstances under which they may be undertaken, may be
76 established through means including, but not limited to, statute, rules, case law, and other
77 processes available to the state licensing authority or other government agency.
78 “State” means any state, commonwealth, district, or territory of the United States of
79 America.
80 “State Licensing Authority” means an agency, whether the Department of Education or
81 otherwise, or other entity operating as an arm of a state that is responsible for the licensing and
82 regulation of school psychologists.
83 “State Specific Requirement” means a requirement for licensure covered in coursework
84 or examination that includes content of unique interest to the state.
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85 “Unencumbered License” means a license that authorizes a licensee to engage in the full
86 and unrestricted practice of school psychology.
§18-10R-3. State participation in the compact.
1 (a) To be eligible to join this compact, and to maintain eligibility as a member state, a state
2 shall:
3 (1) Enact a compact statute that is not materially different from the model compact as
4 defined in the commission’s rules;
5 (2) Participate in the sharing of information with other member states as reasonably
6 necessary to accomplish the objectives of this compact, and as further defined in section eight of
7 this article;
8 (3) Identify and maintain with the commission a list of equivalent licenses available to
9 licensees who hold a home state license under this compact;
10 (4) Have a mechanism in place for receiving and investigating complaints about licensees;
11 (5) Notify the commission, in compliance with the terms of the compact and the
12 commission’s rules, of any adverse action taken against a licensee, or of the availability of
13 investigative information which relates to a licensee or applicant for licensure;
14 (6) Require that applicants for a home state license have:
15 (A) Taken and passed a qualifying national exam as defined by the rules of the
16 commission;
17 (B) Completed a minimum of 1200 hours of supervised internship, of which at least 600
18 have been completed in a school, prior to being approved for licensure;
19 (C) Graduated from a qualifying school psychologist education program; and
20 (7) Comply with the terms of this compact and the rules of the commission.
21 (b) Each member state shall grant an equivalent license to practice school psychology in
22 that state upon application by a licensee who satisfies the criteria of §18-10R-4(a) of this code.
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23 Each member state shall grant renewal of the equivalent license to a licensee who satisfies the
24 criteria of §18-10R-4(b) of this code.
25 (c) Member states may set and collect a fee for granting an equivalent license.
§18-10R-4. School psychologist participant in the compact .
1 (a) To obtain and maintain an equivalent license from a receiving state under this compact,
2 a licensee must:
3 (1) Hold and maintain an active home state license;
4 (2) Satisfy any applicable state specific requirements established by the member state
5 after an equivalent license is granted;
6 (3) Complete any administrative or application requirements which the commission may
7 establish by rule, and pay any associated fees;
8 (4) Complete any requirements for renewal in the home state, including applicable
9 continuing professional education requirements; and
10 (5) Upon their application to receive a license under this compact, undergo a criminal
11 background check in the member state in which the equivalent license is sought in accordance
12 with the laws and regulations of such member state.
13 (b) To renew an equivalent license in a member state other than the home state, a licensee
14 must only apply for renewal, complete a background check, and pay renewal fees as determined
15 by the licensing authority.
§18-10R-5. Active military members or their spouses.
1 A licensee who is an active military member or is the spouse of an active military member
2 shall be considered to hold a home state license in any of the following locations:
3 (a) The licensee’s permanent residence;
4 (b) A member state that is the licensee’s primary state of practice; or
5 (c) A member state where the licensee has relocated pursuant to a permanent change of
6 station (PCS).
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§18-10R- 6. Discipline; adverse actions.
1 (a) Nothing in this compact shall be considered or construed to limit the authority of a
2 member state to investigate or impose disciplinary measures on licensees according to the state’s
3 practice laws.
4 (b) Member states may receive, and shall provide, files and information regarding the
5 investigation and discipline, if any, of licensees in other member states upon request. Any
6 member state receiving such information or files shall protect and maintain the security and
7 confidentiality thereof, in at least the same manner that it maintains its own investigatory or
8 disciplinary files and information. Prior to disclosing any disciplinary or investigatory information
9 received from another member state, the disclosing state shall communicate its intention and
10 purpose for such disclosure to the member state which originally provided that information.
§18R-10-7. Establishment of the School Psychologist Interstate Licensure Compact Commission.
1 (a) The member states hereby create and establish a joint government agency whose
2 membership consists of all member states that have enacted the compact, and this agency shall
3 be known as the School Psychologist Interstate Licensure Compact Commission. The
4 commission is an instrumentality of the member states acting jointly and not an instrumentality of
5 any one state. The commission shall come into existence on or after the effective date of the
6 compact as set forth in §18-10R-11 of this code.
7 (b) Membership, Voting, and Meetings.
8 (1) Each member state shall have and be limited to one delegate selected by that member
9 state’s licensing authority.
10 (2) The delegate shall be the primary administrative officer of the member state licensing
11 authority or his or her designee who is an employee of the member state licensing authority.
12 (3) The commission shall by rule or bylaw establish a term of office for delegates and may
13 by rule or bylaw establish term limits.
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14 (4) The commission may recommend removal or suspension of any delegate from office.
15 (5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on
16 the commission within 60 days of the vacancy.
17 (6) Each delegate has one vote on all matters before the commission requiring a vote by
18 commission delegates.
19 (7) A delegate shall vote in person or by such other means as provided in the bylaws. The
20 bylaws may provide for delegates to meet by telecommunication, videoconference, or other
21 means of communication.
22 (8) The commission shall meet at least once during each calendar year. Additional
23 meetings may be held as set forth in the bylaws. The commission may meet by
24 telecommunication, video conference or other similar electronic means.
25 (c) The powers, duties, and responsibilities of the commission incl