Education - Superintendent of Public Instruction - School Psychologist Certificate Code


Published: 2020

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DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL PSYCHOLOGIST CERTIFICATION CODE (By authority conferred on the superintendent of public instruction by section 1251 of 1976 PA 451, MCL 380.1251, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994) R 380.201 Definitions. Rule 1. As used in these rules: (a) “Annual district provided professional development” means that term as defined in R 390.1101. (b) “Approved school psychologist preparation program” means a state approved program in an institution that prepares school psychologists in accordance with the state law of the program’s location. (c) “Department” means the Michigan department of education unless otherwise indicated. (d) “Education-related professional learning” means an educational opportunity intended to improve a school psychologist’s practice and capacity to perform the work within the profession of education, including time spent engaging with local employers or technical centers, that is 1 or more of the following: (i) Satisfactory college semester credit hours applicable to a school psychologist position at a regionally accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours. (ii) State continuing education clock hours in approved professional development activities applicable to a school psychologist position. (iii) Michigan annual district provided professional development hours applicable to a school psychologist position. (e) “Institution” means a college or university that has state, regional, or national accreditation. (f) “Michigan professional teaching certificate” means a certificate issued under part 3 of the teacher certification code, R 390.1133 to R 390.1138. (g) “Preliminary school psychologist certificate” means the certificate issued to an applicant who has met the requirements of R 380.204 or R 380.205. (h) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the Council for Higher Education Accreditation or its successor agency. (i) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent. (j) “School district” means that term as defined in R 390.1101. (k) “School psychologist certificate” means a certificate issued to an applicant who has met the requirements of R 380.206. (l) “State board” means the Michigan state board of education.

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(m) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction. History: 1992 AACS; 2017 AACS; 2019 AACS. R 380.202 Individuals required to hold school psychologist certification. Rule 2. (1) An individual whom a school district employs as a school psychologist, an individual who works as a school psychologist in a school district on a contract basis, and an individual who performs the functions of a school psychologist in a school district either as an employee or on a contract basis shall hold a valid certificate under these rules. (2) Only an individual who holds a valid certificate under these rules shall use the title of school psychologist. History: 1992 AACS; 2017 AACS; 2019 AACS. R 380.203 Role of school psychologist. Rule 3. A school psychologist may function in roles defined by standards created by Michigan stakeholders and approved by the state board. History: 1992 AACS; 2006 AACS; 2017 AACS. R 380.204 Preliminary school psychologist certificate; applicant trained in Michigan approved school psychologist preparation program. Rule 4. (1) An applicant for a preliminary school psychologist certificate trained in a Michigan approved school psychologist preparation program shall satisfy both of the following requirements: (a) Completion of a minimum of 45 graduate semester credit hours in a Michigan approved school psychologist preparation program. (b) Completion of not less than a 600-clock-hour supervised, field-based practicum with students in an approved school psychologist preparation program, a minimum of 300 clock hours of which must be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. The practicum must begin no earlier than the second year in a school psychologist preparation program and must involve integration and performance in the full range of school psychology roles as defined in R 380.203. The practicum must be a culminating experience during which an individual applies skills learned in coursework and practice contexts. Completion of the 600 hours must prepare the individual to practice the full range of school psychology functions. The 45 semester credit hours required in subdivision (a) of this subrule do not include the clock hours required under this subdivision. (2) A Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a preliminary school psychologist certificate. The institution shall not make a recommendation to issue a

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preliminary school psychologist certificate until the applicant has completed the requirements set forth in this rule and the applicant has applied for certification. The superintendent of public instruction may issue a certificate based on the recommendation of the Michigan institution. (3) A preliminary school psychologist certificate expires 3 years from June 30 of the calendar year of issuance. (4) An individual employed under a preliminary school psychologist certificate shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist. (5) A holder of a preliminary school psychologist certificate and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate. (6) Subject to subrule (7) of this rule, the superintendent of public instruction may renew a preliminary school psychologist certificate for one 3-year period upon the holder’s completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours must be after issuance of the preliminary school psychologist certificate. (7) The superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule for one 3-year period if the individual holds a valid out-of-state school psychologist certificate. The requirements of subrule (6) of this rule do not apply to renewal under this subrule. History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS. R 380.205 Preliminary school psychologist certificate; applicant trained in out-of- state approved school psychologist preparation program. Rule 5. (1) Subject to R 380.206(3) and (4), an individual trained in an out-of-state approved school psychologist preparation program who seeks school psychologist certification in this state shall first apply for a Michigan preliminary school psychologist certificate under this rule. (2) An applicant for a preliminary school psychologist certificate trained in an out-of- state approved school psychologist preparation program shall satisfy both of the following requirements: (a) Complete the requirements of R 380.204(1)(a) and (b). (b) Hold a valid out-of-state school psychologist certificate. (3) The department may accept credits presented for certification from an out-of-state institution. (4) An applicant for a preliminary school psychologist certificate under this rule shall apply directly to the department. (5) An individual employed under a preliminary school psychologist certificate issued under this rule shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist. (6) A holder of a preliminary school psychologist certificate issued under this rule and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate.

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(7) A preliminary school psychologist certificate issued under this rule expires 3 years from June 30 of the calendar year of issuance. (8) Subject to subrule (9) of this rule, the superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule for one 3-year period upon the holder’s completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours must be after issuance of the preliminary school psychologist certificate. (9) The superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule and held by an individual who holds a valid out-of-state school psychologist certificate for one 3-year period. The requirements of subrule (8) of this rule do not apply to renewal under this subrule. History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS. R 380.206 School psychologist certificate. Rule 6. (1) Subject to subrules (3) and (4) of this rule, an applicant for a school psychologist certificate shall meet all of the following requirements: (a) Hold a Michigan preliminary school psychologist certificate. (b) Possess a specialist-level degree or its equivalent in school psychology with a minimum of 60 semester credit hours in school psychology from an institution with an approved school psychologist preparation program. (c) Complete not less than a 1,200-clock-hour internship with students in an approved school psychologist preparation program, a minimum of 600 clock hours of which must be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. Supervision must be for a minimum of 2 hours per week. (2) Subject to subrules (3) and (4) of this rule, a Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a school psychologist certificate. The institution shall not make the recommendation to issue a school psychologist certificate until the applicant has completed the requirements of this rule and applied for certification. The superintendent of public instruction may issue a certificate based on the recommendation of the institution. (3) Upon application, the superintendent of public instruction may issue a school psychologist certificate to an individual who holds a valid out-of-state school psychologist certificate and has satisfied the requirements of subrule (1)(b) of this rule in an out-of-state approved school psychologist preparation program and the requirements of subrule (1)(c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule. (4) Upon application, the superintendent of public instruction may issue a school psychologist certificate to an individual who is a nationally certified school psychologist and has satisfied the requirements of subrule (1)(b) and (c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule. (5) A school psychologist certificate expires 5 years from June 30 of the calendar year of issuance. (6) A holder of a school psychologist certificate and an employer shall be familiar with the specific requirements of the school psychologist certificate.

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(7) The superintendent of public instruction may renew a school psychologist certificate every 5 years upon application to the department and completion, since the issuance of the most recent school psychologist certificate or renewal, of any combination of education-related professional learning hours, as defined in R 380.201, totaling 150 hours. (8) Holding a valid Michigan professional teaching certificate or valid national certification as a school psychologist at the time of the renewal application satisfies the professional learning requirement of subrule (7) of this rule. (9) An individual who holds an expired Michigan school psychologist certificate and a valid out-of-state school psychologist certificate is eligible, upon application to the department, for a 1-time 5-year renewal of the Michigan school psychologist certificate. The requirements of subrule (7) of this rule do not apply to a 1-time renewal under this subrule. History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS; 2020 MR 19, Eff. Oct. 15, 2020. R 380.206a Rescinded. History: 2006 AACS; 2017 AACS. R 380.207 Initial program approval. Rule 7. (1) The state board shall approve standards for reviewing school psychologist preparation programs. (2) The superintendent of public instruction shall approve school psychologist preparation programs in accordance with the state board approved standards. (3) Continued approval of a school psychologist preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process. History: 1992 AACS; 2017 AACS; 2019 AACS.

R 380.208 School psychologist competencies. Rule 8. An individual applying for a school psychologist certificate shall demonstrate competencies defined by standards created by Michigan stakeholders and approved by the state board. History: 1992 AACS; 2006 AACS; 2017 AACS. R 380.209 Rescinded. History: 1992 AACS; 2017 AACS.

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R 380.210 Rescinded. History: 1992 AACS; 2017 AACS.

R 380.211 Denial, suspension, or revocation of preliminary school psychologist certificate or school psychologist certificate. Rule 11. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a preliminary school psychologist certificate or a school psychologist certificate for the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a preliminary school psychologist certificate or a school psychologist certificate. (b) Conviction of a crime described in section 1539b of the revised school code, 1976 PA 451, MCL 380.1539b. (2) The superintendent of public instruction may refuse to grant or refuse to renew a preliminary school psychologist certificate or a school psychologist certificate for failure of the applicant to meet the requirements for the certificate. After notice and an opportunity for a hearing, which the holder shall request within 15 business days after receipt of the notice, the superintendent of public instruction may rescind, suspend, or revoke a preliminary school psychologist certificate or a school psychologist certificate for failure of the holder to meet the requirements for the certificate. If the holder does not timely request a hearing, the superintendent of public instruction shall rescind, suspend, or revoke the preliminary school psychologist certificate or school psychologist certificate. History: 2017 AACS; 2019 AACS. R 380.212 Investigation. Rule 12. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to preliminary school psychologist certificates or school psychologist certificates. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a preliminary school psychologist certificate or a school psychologist certificate, the designee of the superintendent of public instruction shall initiate an investigation of that information. History: 2017 AACS; 2019 AACS. R 380.213 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing.

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Rule 13. Subject to summary suspension under section 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1539b, all of the following apply to action taken under R 380.211(1)(a) or (b): (a) Not more than 7 calendar days after receiving notice that the criminal history of the applicant for or the holder of a preliminary school psychologist certificate or a school psychologist certificate includes conviction of a crime described in section 1539b of the revised school code, 1976 PA 451, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case. (b) Upon receipt of notice of a basis for action under R 380.211(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant for or the holder of the preliminary school psychologist certificate or the school psychologist certificate in writing of all of the following: (i) Because of the conviction or because of the identified reason under R 380.211(1)(a), the superintendent of public instruction may deny, suspend, or revoke the preliminary school psychologist certificate or the school psychologist certificate. (ii) The applicant or the holder has the right to a hearing. (iii) If the applicant or the holder does not request a hearing within 15 business days after receipt of notice of the right to a hearing, the superintendent of public instruction will deny or suspend the preliminary school psychologist certificate or the school psychologist certificate. (iv) If the applicant or the holder requests a hearing within 15 business days after receipt of the notice, there will be an informal conference to show compliance. (c) The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules. (d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant for or the holder of a preliminary school psychologist certificate or a school psychologist certificate shall request a hearing. If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed preliminary school psychologist certificate or school psychologist certificate or shall suspend the preliminary school psychologist certificate or the school psychologist certificate. (e) If the applicant for or the holder of a preliminary school psychologist certificate or school psychologist certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance is a telephone conference with an authorized representative of the superintendent of public instruction. (f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent's designee may recommend referral of the matter to the Michigan office of administrative hearings and rules for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement.

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(g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan office of administrative hearings and rules for hearing. History: 2017 AACS; 2019 AACS; 2020 MR 19, Eff. Oct. 15, 2020. R 380.214 Action by superintendent of public instruction on proposal for decision. Rule 14. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings. (2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law. History: 2017 AACS; 2020 MR 19, Eff. Oct. 15, 2020.

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