An Act To Improve the Delivery of School Psychological Services to Children
Maine Legislature, Session 125, LD 1094
Committee: Education and Cultural Affairs
Sponsors: ALFOND
Amends: 5 MRSA §12004-I, 20-A MRSA §13022

Legislative Document 
No. 1094 
S.P. 327 
In Senate, March 15, 2011 
An Act To Improve the Delivery of School Psychological Services to 
Children 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator ALFOND of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§12-A, as enacted by PL 1993, c. 207, §2, is 
amended to read: 
12-A.   
Sec. 2.  20-A MRSA §13022, as enacted by PL 1993, c. 207, §3, is amended to 
read: 
§13022.  School psychologists 
1.  Definitions.  For purposes of  As used in this section, a "school psychological 
service provider" is a professional who provides psychological assessment, consultation 
or direct services, other than psychotherapy, to students enrolled in a public school or 
approved private school unless the context otherwise indicates, the following terms have 
the following meanings. 
A.  "Response to intervention" means a method of academic intervention that is 
designed to provide early, effective assistance to children who have difficulty 
learning. 
B.  "School psychologist" means a professional who provides psychological 
assessment, consultation or direct services, other than psychotherapy, to students 
enrolled in a public school or approved private school. 
1-A.  School psychological services.  The scope of practice for  school psychological 
services delivered on a contract or employment basis by certified school psychologists 
involves engaging in systematically collecting and analyzing data from multiple sources 
as a foundation for engaging in applied research and decision making in general and 
special education, including response to intervention.  The scope of practice includes 
providing developmental, psychological and educational assessments, diagnoses and 
recommendations related to educational performance; providing systemwide and 
individual consultation and collaborative and direct services for planning, implementing 
and evaluating academic, behavioral, life-skill, social and school-based mental health 
services; providing counseling and social skills training to address factors affecting 
educational performance; and providing staff training and supervision of specialized 
programs within the educational setting for children prekindergarten to grade 12 eligible 
to be enrolled in educational and intermediate educational units, special education 
programs and approved private schools. 
2.  Certification by commissioner.  The commissioner shall certify school 
psychological service providers psychologists pursuant to rules adopted by the state 
board.  The rules must include a code of ethics and practice standards for school 
Education 
Advisory Committee 
on School 
Psychological 
Service Providers 
Psychologists 
20-A MRSA §13022 
psychological service providers certified school psychologists that follow national 
standards set forth by the National Association of School Psychologists and the American 
Psychological Association, violation of which constitutes grounds for suspension or 
revocation of the certification. 
3.  Qualifications.  State board rules governing the qualifications for a school 
psychological service provider psychologist certificate must require that a certificate be 
issued only to an applicant who has met the academic and preprofessional requirements 
established by the state board for the provision of school psychological services and who, 
at a minimum: 
A.    Holds a graduate degree from an accredited program in school psychology that 
was approved by the National Association of School Psychologists/National Council 
for Accreditation of Teacher Education or the American Psychological Association in 
School Psychology at the time the degree was awarded; 
B.    Has completed graduate work that is determined by the commissioner to be 
substantially similar to the programs referred to in paragraph A; or 
C.    Holds a valid license from the State Board of Examiners of Psychologists with 
demonstrated competency in the area of school psychology as established by the state 
board. 
4.  Term of issuance.  The commissioner shall issue a school psychological service 
provider psychologist certificate for a term of years consistent with rules adopted by the 
state board.  The length of the term may vary among certificate holders so as to be 
coterminous with any other professional license or certificate held by the school 
psychological service provider psychologist.  The school psychological service provider 
psychologist certificate may be renewed in accordance with academic and professional 
requirements established by the state board.  During the certified school psychologist's 
first year of employment, the employer is required to provide at least 2 hours per week of 
individual or group supervision with a certified school psychologist or licensed 
psychologist in accordance with National Association of School Psychologists/National 
Council for Accreditation of Teacher Education's practice guidelines.  Evidence of 
supervision is required for renewal purposes as established by the state board. 
5.  Exclusive regulatory authority.  The provisions of Title 32, chapter 56 do not 
apply to persons certified as school psychological service providers psychologists under 
this section except to the extent that such the persons are also licensed or seek licensure 
under that chapter, engage in the practice of psychology beyond the scope of this section 
or hold themselves out as psychologists or psychological examiners. 
6.  Designation.  Persons certified under this section may hold themselves out as 
school psychological service providers or may use any business name incorporating 
variations of that title but may not hold themselves out as psychologists, psychological 
examiners or any business name incorporating variations of those titles psychologists but 
must include the word "school" or as nationally certified school psychologists if they hold 
the credentials as designated by the National Association of School Psychologists and 
may not hold themselves out as psychologists, psychological examiners or any business 
name incorporating variations of those titles other than certified school psychologists or 
nationally certified school psychologists unless they are appropriately licensed under 
Title 32, chapter 56. 
7.  Advisory committee.  There is established within the department, in accordance 
with Title 5, section 12004-I, the Advisory Committee on School Psychological Service 
Providers Psychologists, referred to in this subsection as "the committee." 
A.  The duties of the committee are: 
(1)  To advise the state board in the adoption of rules and a code of ethics and 
practice standards for school psychological service providers psychologists; and 
(2)  To assist the commissioner in: 
(i)  Certifying school psychological service providers psychologists; 
(ii)  Investigating alleged violations of the code of ethics and practice 
standards adopted by the state board; and 
(iii)  Investigating alleged violations of section 13020 and certification rules 
governing school psychological service providers psychologists. 
B.  The committee consists of 9 members appointed by the commissioner.  The 
membership consists of 2 certified psychological service providers school 
psychologists, 2 licensed psychologists, one faculty member from a graduate program 
in school psychology, one educator from a public school or approved private school 
and 3 parents or guardians of students. 
C.  Three members of the committee must be initially appointed for a term of one 
year, 3 for a term of 2 years and 3 for a term of 3 years.  All appointments must be for 
a term of 3 years thereafter.  Any member may serve beyond the expiration date of 
that member's term until a successor has been appointed and qualified.  Any vacancy 
on the committee must be filled for the unexpired portion of the term.  The committee 
shall elect its own chair. 
D.  Members of the committee are entitled to receive compensation according to the 
provisions of Title 5, chapter 379. 
8.  Transition.  Persons certified as school psychologists and school psychological 
examiners on the effective date of this section October 13, 1993 may continue to provide 
the services authorized by their respective certificates until the scheduled expiration of 
those certificates.  The state board's rules must contain a schedule affording all certified 
school psychologists and school psychological examiners a reasonable amount of time to 
meet the requirements of the certificate authorized by subsection 2. 
9.  Reimbursement.  Educational and intermediate educational units, special 
education programs and approved private schools are eligible for reimbursement for the 
services provided to students who are Medicaid recipients as defined in Title 22, section 
3172, subsection 3 by certified school psychologists through the MaineCare program to 
the same extent that the services of a psychologist are eligible for reimbursement. 
SUMMARY 
This bill changes the term "school psychological service provider" to "school 
psychologist" in the law pertaining to school psychological services.  The bill directs the 
Commissioner of Education to revise the rules to align the code of ethics and practice 
standards with those set by the National Association of School Psychologists and the 
American Psychological Association.  It requires that upon initial issuance of a certificate 
and in the first year of employment a school psychologist is required to participate in at 
least 2 hours per week of individual or group supervision with a certified school 
psychologist or licensed psychologist.  The bill also authorizes a school to be reimbursed 
for services provided by a school psychologist to students who are Medicaid recipients.