Pamela Madeiros, Esq. Dr. John Kelly NYASP Conference November 2014

Pamela Madeiros, Esq. Dr. John Kelly NYASP Conference November 2014

Topics for Today Legislative process in Albany Employment settings for school psychologists Preschool settings School-age settings Licensure of specialist level school psychologists School Psychologist as a mental and behavioral health provider

The Idea Ideas for bills come from several sources: Legislators/staff Governor/his staff or departments (program bills) Citizens Lobbyists and special interest groups A bill that had died in a previous session

Sponsorship Bills must have sponsors in order to be introduced into the Legislative Session. Legislators or standing committees can introduce bills Bills that originate outside of these parties must find a sponsor

Bill Drafting The sponsor submits the concept for a bill to the Legislative Bill Drafting Commission (LBDC) where it can be: assigned a number for internal tracking purposes checked for proper form checked for correct content The bill is then returned to the sponsor where can be circulated for additional sponsorship.

Introduction The bill draft is then introduced, assigned a bill number (A.100, S.100) and printed. Once a bill has been introduced, information about the bill is made available because it is now a public record.

After introduction House leadership refers it to the appropriate committee for: review discussion revision approval/disapproval

Revision When a bill travels through all of the appropriate committees, it: is amended (bill text changed) is "reported out" to the floor of the house and is placed on the Daily Calendar "dies in committee (not reported out by committee)

Assembly Ways and Means & Senate Finance Committees Bills that require an expenditure of State funds ($$) must also go through the Assembly Ways & Means Committee or the Senate Finance Committee.

Assembly & Senate Rules Committees These committees play a significant role in the flow of legislation. The Majority leader of the Senate and the Speaker of the Assembly are the chairs They are especially influential near the end of a legislative session when all committees report bills to the Rules committee.

Floor Vote A bill that is reported out of its assigned committee may be put to a floor vote where it: may be debated before the entire house and the public gallery will/will not receive a majority vote in order to advance

The Governor When a bill passes both houses, it is delivered to the Governor where it can be: approved and signed/receive an approval message disapproved and vetoed/receive a veto message

Veto If the Governor vetoes a bill: the bill is stopped it from becoming a law the veto can be overridden by a two-thirds majority vote in each house

A Bill Becomes a Law! A bill becomes a law when the Governor signs it; it is then assigned a chapter number for the particular session in which it was passed

Certified School Psychologists Scope of Practice New York State Educational Law Article 153, section 7601(a) defines the practice of psychology as; The practice of psychology is the observation, description, evaluation, interpretation, and modification of behavior for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior; enhancing interpersonal relationships, personal, group or organizational effectiveness and work and/or life adjustment; and improving behavioral health and/or mental health. The practice includes, but is not limited to psychological (including neuropsychological) testing and counseling; psychoanalysis; psychotherapy; the diagnosis and treatment of mental, nervous, emotional, cognitive or behavioral disorders, disabilities, ailments or illnesses, alcoholism, substance abuse, disorders of habit or conduct, the psychological aspects of physical illness, accident, injury or disability, psychological aspects of learning (including learning disorders); and the use of accepted classification systems. The term "diagnosis and treatment" means the appropriate psychological diagnosis and the ordering or providing of treatment according to need. Treatment includes, but is not limited to counseling, psychotherapy, marital or family therapy, psychoanalysis, and other psychological interventions, including verbal, behavioral, or other appropriate means as defined in regulations promulgated by the commissioner.

Exempt Persons The activities, services, and use of the title of psychologist, or any derivation thereof, on the part of a person in the employ of a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution insofar as such activities and services are a part of the duties of his salaried position. NYSED has offered opinion in the past that as long as a school psychologist is a salaried employee of an exempt setting, they can engage in the full practice defined for psychologists

Exempt Settings Preschools (4410 programs) School psychologists can provide services to children enrolled in 4410 programs that have classroom-based services as a salaried employee NYSED is currently clarifying the role of the school psychologist in the provision of services to children not currently enrolled in the 4410 program Until this clarification is determined, NYSED will not Cite 4410 programs for using school psychologists Sanction individual school psychologists for providing services as a salaried employee of the 4410 program ISSUE DOES NOT PROVIDE LEGAL PROTECTION TO PROGRAMS AGAINST PARENTS BRINGING LITIGATION

Exempt Settings School-age School psychologists can provide services as a salaried employee of a chartered elementary or secondary school Other exempt settings Salaried employee of a federal, state, county, or municipal agency (e.g. OCFS, OMH) Salaried employee of a degree granting educational institution

School psychologists cannot Provide services as a contract employee Provide services as a per diem employee Work in a non-exempt setting, even under the supervision of a licensed professional (e.g. private practice, clinic) Provide Early Intervention (E.I.), birth 2 services, even when employed by a 4410 program

Licensure of School Psychologists The definition of school psychological practice includes: Assessment related to education, learning, or adjustment needs Educationally related psychotherapeutic and behavioral approaches to increase school adjustment and academic success Consultation regarding learning problems and adjustment to those problems Development of psycho-educational programming

Requirements for licensure (3 E s) Education Masters Degree (at least 60 credits) in psychology Coursework in: (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT; (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR; (III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL CONTEXTS; (IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY SYSTEMS; (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC SKILLS; (VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS AND DEFICITS; (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW; (VIII) RESEARCH AND PROGRAM EVALUATION; (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS

Requirements (cont.) Experience 1200 hour internship (at least 600 in school setting) 2400 hours of supervised practice (1200 can include internship) Exam Licensing exam

Limitations Cannot treat serious mental illness without consultation with MD to see if medical care is necessary. Schizophrenia Schizo-affective disorder Bi-polar disorder Major Depressive Disorder Panic Disorder OCD Can consult with other MH professionals

Limitations No RxP No use of invasive procedures No hospital privileges Can work under a limited permit (supervised practice) for 1 year while acquiring supervised hours, renewable once

Grandparenting If you meet the educational requirements and have worked as a school psychologist for 2 of the past 5 years Or Worked as a school psychologist for 5 years prior to the enactment of the law

Certification to work in exempt settings remains. Certified through NYSED OTI Licensed through NYSED OP Part of the State Psychology Board

What is Mental Health? Mental health is not simply the absence of mental illness but also encompasses social, emotional, and behavioral wellness and the ability to cope with life s challenges.

Need for Mental Health Supports Approximately 1 in 3 students report being bullied each year Bullying and harassment is associated with increased depression and anxiety for bullies, victims, and bystanders Approximately 2.2 million adolescents aged 12 to 17 reported a major depressive episode in the past year Nearly 6 out 10 of these adolescents did not receive any treatment Overall, 1 in 5 of children and adolescents in the U.S. experience signs and symptoms of a mental health problem and 5% experience extreme functional impairment

Why Mental Health in Schools? Students are substantially more likely to seek help when school-based mental health services are available Schools are already the major providers of mental health services to children The Carnegie Council Task Force on Education of Young Adolescents concluded that, while school systems are not responsible for meeting every need of their students, schools must meet the challenge when the need directly affects learning.

The Good News! School based counseling programs improve student mental wellness, behavioral functioning, and academic achievement. School mental health programs improve educational outcomes by decreasing absences, discipline referrals and improving test scores. Expanded school mental health services in elementary schools have been found to: o reduce special education referrals o improve aspects of the school climate o produce declines in disciplinary referrals, suspension, grade retention, and special education referrals and placement among at-risk students

Model of School Based Mental Health Services

Key Messages School psychologists that meet NASP Standards are qualified providers of child and adolescent mental and behavioral health services. Supporting text: Recent Health Care Reform, including Title V of the Patient Protection and Affordable Care Act of 2010, recognizes school psychologists credentialed at both the doctoral and specialist levels as qualified health professionals and mental health service professionals. NASP standards highlight the range of services that school psychologists provide to promote child and adolescent mental and behavioral health. Supporting text: School psychologists provide prevention and early intervention services to meet the needs of all students. School psychologists are uniquely positioned to provide mental and behavioral health services in schools Supporting text: Mental and behavioral health is directly related to learning and development. Addressing the mental and behavioral health needs of students is a necessary, appropriate, and critical focus of K-12 education.

School Psychologist as a Mental & Behavioral Health Providers Vital for school psychologists to view themselves as providing mental health services Need to get past antiquated adage of we don t provide therapy in schools YOU DO PROVIDE THERAPEUTIC SERVICES IN SCHOOLS!! Service may look different than in a community setting or hospital setting, but school psychs address the mental health needs of children through provision of therapeutic interventions

If you are not at the table, you are on the menu --Author Unknown 38

Questions? Thank you! Pamela Madeiros madeirosp@gtlaw.com John Kelly legislative@nyasp.org