Arkedu.state.ar.us
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STATE OF ARKANSAS
Office of the Attorney General
RECEIVED.
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Winston Bryant Telephone: (501) 682-2007
Attomey General
June 16, 1998
Arkansas Department of Education
#4 State Capitol Mall, Suite 304A
Little Rock, AR 72201-1071
Re: School Psychologist
Dear Sir or Madam:
I represent the Arkansas Board of Examiners in Psychology .It has come to the attention of the Board that at least one school district in Arkansas (the XXXXX School District) has contracted, not as an employee of the district but as an independent contractor, with an individual certified by the Department of Education as a "School Psychology Specialist" for the provision of psycho-educational evaluations. The individual in question is not licensed by the Psychology Board to provide such services, and the Board considers the independent contract arrangement to be a violation of the prohibition in the psychology licensing law against individuals using any title incorporating the name "psychological", "psychologist", or "psychology". See A.C.A. §17-97-307(a).
In the 1995 legislative session, an amendment to the psychology licensing law (Act 279 of 1995) was enacted to permit non-licensed individuals who had been certified by the Department of Education as "School Psychology Specialist" to use that title. However, that amendment also provided that such individuals practice was to be restricted to employment within those settings under the preview of the State Board of Education. That amendment was a compromise arrangement among various state professional psychology associations (i.e., the Arkansas Psychological Association, Arkansas Association of Psychological Examiners, and the Arkansas School Psychology Association) to afford those individuals with appropriate minimum training and who are employed by school districts, to be certified with the specialist designation while at the same time affording a degree of protection to the public against individuals practicing
200 Tower Building, 323 Center Street. Little Rock, Arkansas 72201-2610
psychology who are not licensed by the Board. The compromise was that the "School Psychologist" would have to be employed by the school districts and therefore be under the control of the school administration, not hired as independent contractors. This compromise was also intended to protect those individuals (i.e., psychologists and psychological examiners) who had undergone the rigors of the licensing process and who remain under the overview and control of the Psychology Board, from competition by non licensed individuals who are not under any scrutiny from the Board. The aforementioned rationale for this compromise was fully described to Legislature when this amendment was presented. A copy of a position paper authored by Dr. Ronald Bramlett, President of the Arkansas School Psychology Association on August 8, 1994, which outlines that rationale and the intent of the amendment is attached to this letter.
Clearly, the intent of the amendment was to allow "School Psychologist" who were not licensed by the Psychology Board to practice in a school setting as employees of the school district. I would note that in the position paper of Dr. Bramlett, he stresses that Psychologist and Psychological Examiners would will still be free to contract with schools. A clear distinction was made between independent contractors and employees.
Having reviewed this material, the Arkansas Board of Examiners and Psychology has interpreted the statute to require "School Psychologist" to be employees of the school district in question, not independent contractors. The Board has requested that I advise the Department of its interpretation and to further request that official notification be disseminated to Arkansas School Districts of the employment requirement. The Board would respectfully request that the Arkansas School Districts be informed that any individual who is not licensed by the Psychology Board cannot be hired as an independent contract to perform the duties of a "School Psychology Specialist". Individuals who are certified by the Department of Education as a "School Psychology Specialist" may be hired as employees; Individuals who have been licensed by the Arkansas Board of Examiners in Psychology may be hired to perform the duties of a "School Psychology Specialist" as employees or as independent contractors.
Thank you very much for your attention in this matter. If you need any additional information or desire to discuss this matter with me, please do not hesitate to contact me.
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GLC:je
Enclosure
Arkansas Department of Education
June 16, 1998
Page 3
cc: Arkansas Board of Examiners in Psychology
James Ammell
Office of Teacher Education and Licensure/DOE
Section of Special Education/DOE
Arkansas Psychology Association
Arkansas School Psychology Association
Arkansas Association of Psychological Examiners
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