Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB84 Comm Sub / Analysis

Filed 02/13/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB84
 
 
Hearing Date: Thursday January 30, 2025
Committee On: Health and Human Services
Introducer: Rountree
One Liner: Adopt the School Psychologist Interstate Licensure Compact
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File
 
 
Vote Results:
          Aye:	7 Senators Ballard, Fredrickson, Hansen, Hardin, Meyer, Quick, Riepe
          Nay: 
          Absent: 
          Present Not Voting: 
 
 
Testimony:
Proponents: 	Representing: 
Senator Victor Rountree 	Opening Presenter
Tessa Petereit	Nebraska School Psychologists Association
 
Opponents: 	Representing: 
 
Neutral: 	Representing: 
Laura Ebke	Platte Institute
 
* ADA Accommodation Written Testimony
 
 
Summary of purpose and/or changes:
 
LB 84 creates the School Psychologist Interstate Licensure Compact.  The Compact contains sections on the
Purpose; Definitions; State Participation in the Compact; School Psychologist Participation in the Compact; Active
Military Members or their Spouses; Discipline and Adverse Actions; Establishment of the School Psychologist
Interstate Licensure Compact Commission; Facilitating Information Exchange; Rulemaking; Oversight, Dispute
Resolution, and Enforcement; Effective Date, Withdrawal, and Amendment; Construction and Severability; and
Consistent Effect and Conflict with Other State Laws.  The purpose of this Compact is to facilitate the interstate
practice of school psychology in educational or school settings, and in so doing to improve the availability of these
services to the public.
Sec. 1:
Section 1. Purpose:  The purpose of this Compact is to facilitate the interstate practice of school psychology in
educational or school settings, and in so doing to improve the availability of these services to the public.  The
Committee Statement: LB84
Health and Human Services Committee
Page 1 ce070e737b177758b89fac0968b78186 Compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide
these services in any Member State.  To facilitate the objectives, this Compact enables school psychologists who
qualify for an equivalent license from other Member States; promotes mobility between of school psychologists;
enhances the public accessibility of school psychologists; preserves and respects the authority of each Member
State; requires school psychologists to comply with scope of practice laws; promotes cooperation between Member
States; and facilitates the relocation of military members and their spouses.
Section 2:  Definitions:  This Compact provides definitions for active military member, adverse action, alternative
program, commissioner, compact, continuing professional education, criminal background check, doctoral level
degree, encumbered license, executive committee, equivalent license, home state, home state licensure, school
psychological services, license, licensee, member state, model compact, practice of psychology, school psychologist
interstate licensure compact, state licensing authority, specialist-level degree, qualifying national exam, qualifying
school psychologist education program, remote state, rule, school psychologist, scope of practice, state, state specific
requirement, and unencumbered license.
Section 3. State Participation in Compact:  To be eligible to join this Compact, and to maintain eligibility as a Member
State, a State must enact a statute that is not materially different from the Model Compact; participate in the sharing
of information; identify and maintain a list of equivalent licenses; have a mechanism for investigating complaints;
notify the Commission of any adverse actions; require applicants to take and pass the qualifying national exam,
complete supervised internship hours and graduate from a qualifying school psychologist education program; and
comply with the terms of this Compact and rules of the Commission.
Each Member State shall grant an equivalent license to practice school psychology as well as renewals.  Also,
Member States may set and collect a fee for granting an equivalent license.
Section 4. School Psychologist Participation in the Compact:  To obtain and maintain an equivalent license from a
Remote State, a licensee must hold and maintain an active Home State License; satisfy any applicable state specific
requirements; complete any administrative or application requirements; complete any renewal requirements; and
undergo any criminal background checks.
To renew an equivalent license, a licensee must only apply for renewal, complete a background check, and pay
renewal fees.
Section 5.  Active Military Members or their Spouses:  A licensee who is an active military member or their spouse
shall be deemed to hold a home state license in the licensee’s permanent residence, a member state that is the
licensee’s primary state of practice, and a member state where the licensee has relocated.  
Section 6.  Discipline and Adverse Actions.  Nothing in this Compact shall be deemed or construed to limit the
authority of a Member State to investigate or impose disciplinary measures.
Member States shall be authorized to receive, and shall provide, files and information regarding the investigation and
discipline.  Any Member State receiving such information or files shall protect and maintain its security and
confidentiality.  Prior to disclosing any of this information, the disclosing state shall communicate its intention and
purpose to the Member State.
Section 7.  Establishment for the School Psychologist Interstate Licensure Compact Commission:  The Member
States shall create the School Psychologist Interstate Licensure Compact Commission.  The Commission is an
instrumentality of the Member States acting jointly and not an instrumentality of one state.  The Commission shall
come into existence on or after the effective date of the Compact.  
The Compact sets out requirements involving membership, voting, and meetings.  Each Member State shall have and
be limited to one delegate selected by that Member State’s Licensing Authority.  The delegate shall be the primary
Committee Statement: LB84
Health and Human Services Committee
Page 2 ce070e737b177758b89fac0968b78186 administrative officer of the Member State Licensing Authority or the officer’s designee.  The Commission shall
establish a term of office and term limits and may recommend removal or suspension of any delegate from office.  A
Member State’s Licensing Authority shall fill any vacancy of its delegate.  Each delegate shall be entitled to one vote
on all matters before the Commission and shall vote in person unless bylaws provide otherwise.  The Commission
shall meet at least once during each calendar year.  Additional meetings may be held as set forth in its bylaws.
The Commission shall have powers involving the fiscal year; code of conduct; rules and bylaws; change of home
state; financial records; meetings; legal proceedings; maintenance of records and information; insurance and bonds;
contracts for personal services; financial reviews; personnel policies; collection of fees; gifts and donations; leases;
sale of property; budget; borrowing money; committee appointments; law enforcement agencies; electing an
Executive Committee; adopted language of Model Compact; and necessary and appropriate functions.
The Executive Committee shall have the power to act on behalf of the Commission.  Their powers include overseeing
day-to-day activities; recommending changing of fees; ensuring administrative services being provided; preparing the
budget; maintaining financial records; monitoring compliance; establishing additional committees; exercising powers
and duties during the interim; and other duties as provided in the rules or bylaws.  Also, the Committee shall be
composed of 7 members, may remove any member, and shall meet at least annually.  Also, the Commission shall
adopt and provide an annual report.
The Commission shall conduct meetings.  All meetings shall be open to the public with public notice.  Special
meetings may be held to conduct emergency business.  The Commission, Executive Committee or other committees
may convene in a closed, nonpublic meeting to receive legal advice.  These discussions consist of noncompliance of
a Member State, matters involving employees, current or threatened discipline, anticipated litigation, contract
negotiation, crimes or censure, trade secrets, personal privacy, investigative records, matters exempted by federal or
state law, or other matters as promulgated by Commission’s rule.  In addition, this Compact provides language
involving the closing of meetings and the keeping of minutes.
The financing of the Commission requires the Commission to pay the reasonable expenses.  The Commission may
accept any revenue sources and may levy and collect an annual assessment from each Member State.  Also, the
Commission shall not incur obligations and shall keep accurate accounts of all receipts and disbursements.
The members, officers, executive director, employees, and representatives shall have no greater liability than a state
employee would have under the same or similar circumstances.  The Commission shall defend any member, officer,
executive director, employee, or representative in any civil action.  The Commission shall indemnify and of these
individuals for the amount of any settlement or judgement.  Nothing shall be construed as a limitation on the liability of
any licensee for professional malpractice or misconduct and nothing in this Compact shall be interpreted to waive or
abrogate a Member State’s state action immunity or affirmative defense with respect to antitrust laws as well as
sovereign immunity.
Section 8.  Facilitating Information Exchange:  The Commission shall provide for facilitating the exchange of
information.  This information includes identifiers, licensure data, adverse actions, nonconfidential information related
to alternative program participation, denial of licensure applications, investigative information, and other information
as determined by the Commission’s rules.  Nothing in this Compact shall be deemed to alter, limit, or inhibit the laws
governing the Member State.
Section 9.  Rulemaking:  The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
Compact and shall promulgate reasonable rules to achieve the intent and purpose of this Compact.  These rules have
no effect if a majority of the Member States’ legislatures rejects the rules.  Rules or amendments shall be adopted or
ratified at a regular or special meeting of the Commission.  Public notice requirements are provided.  The Commission
Committee Statement: LB84
Health and Human Services Committee
Page 3 ce070e737b177758b89fac0968b78186 may consider and adopt emergency rules to meet an imminent threat to public health, safety, or welfare; prevent a
loss of funds; meet federal deadlines; or protect public health and safety.
Section 10.  Oversight, Dispute Resolution, and Enforcement:  The executive and judicial branches of  the state
government in each Member State shall enforce this Compact and take all actions necessary and appropriate to
implement the Compact.  Venue and service of process requirements are provided.  
If the Commission determines that a Member State has defaulted in the performance of its obligations or
responsibilities, written notice shall be provided to the defaulting state.  Copy of the notice shall be provided to the
other Member States.  Termination and appeal requirements are provided.  
Upon request by a Member State, the Commission shall attempt to resolve disputes that arise among Member States.
 The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as
appropriate.
By a majority vote, the Commission may initiate legal action against a Member State in default in federal court.  Also,
a Member State may initiate legal action against the Commission in federal court.  Remedies and relief are provided. 
No person other than a Member State shall enforce this Compact against the Commission.  
Section 11.  Effective Date, Withdrawal, and Amendment:  The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the 7th Member State.  This Compact provides processes if the enactment
is materially different, withdrawal from a Member State, the effective dates of rules and bylaws, and amendments.  
Section 12.  Construction and Severability:  This Compact and the Commission’s rulemaking authority shall be
liberally construed so as to effectuate the purposes, implementation, and administration of the Compact.  The
provisions of this Compact shall be severable.  The Commission may deny a State’s participation or terminate a
Member States’ participation if it determines that a constitutional requirement of a Member State is a material
departure from the Compact.  
Section 13.  Consistent Effect and Conflict with Other State Laws:  Nothing herein shall prevent or inhibit the
enforcement of any other law of a Member State that is not inconsistent with the Compact.  Any laws, statutes,
regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent
of the conflict.  All permissible agreements between the Commission and the Member States are binding in
accordance with their terms.
Sec. 2:  Includes persons who hold an equivalent license under the School Psychologist Interstate Licensure
Compact to the Psychologist Practice Act.
Sec. 3:  Repealer
 
 
 
Brian Hardin, Chairperson
Committee Statement: LB84
Health and Human Services Committee
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