It has come to the attention of the Arkansas Department of Education, Special Education Unit, that some school districts have contracted with a School Psychology Specialist operating as a private provider for the provision of student psycho-educational assessment services. School Psychology Specialists licensed by the Arkansas State Board of Education, Arkansas Department of Education, are prohibited from engaging in private practice on the basis of that license. Such individuals must be directly employed by the public education agency in order to provide psycho-educational assessment services. Only personnel licensed by independent licensing boards, such as the Board of Examiners in Psychology, may contract independently with a local education agency (LEA) or education services cooperative (ESC) under a purchase service contract or on a fee for service basis to provide such services. Personnel licensed to engage in private practice and wish to do so with an LEA or ESC will not be issued teaching contracts nor be paid out of the teacher salary fund, as would a direct employee of the public agency such as a School Psychology Specialist. Please refer to the attached letter from the Office of the Attorney General concerning this matter.
Additionally, only a licensed Psychologist or Psychiatrist may determine a diagnosis of Emotional Disturbance in order for a child with disabilities to be categorized under the State's eligibility criteria for special education as having an Emotional Disturbance.
All qualified examiners -- by virtue of education, training and licensure -- must work within a defined scope of practice. For each type of qualified examiner recognized by the Arkansas Department of Education, Special Education Office, there is a defined scope of practice. With regard to conducting individual student assessments, specific parameters established for each type of examiner are set forth in the regulatory document Special Education and Related Services: Procedural Requirements and Program Standards, ADE 2000, Definitions: § 2.43, Qualified Examiner.
Please review the established parameters for each type of qualified examiner. Ensure that personnel employed by or contracting with the LEA or ESC to conduct individual student psycho-educational assessments for the agency practice in a manner that is consistent with the qualified examiner's scope of practice. Failure of an LEA or ESC to adhere to this requirement may result in invalid evaluations for determining student eligibility, disallowance of funds generated on any student whose assessment was not valid, a citation for non-compliance, corrective actions and/or possible sanctions.