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Spring/Summer 2000 Newsletter Contents

School Psychologists Needed

Ignorance Kills Good Legislation
NASP Delegate Report
ARCHIVES COLLECTION COMPLETED NATIONALLY CERTIFIED SCHOOL PSYCHOLOGISTS
ELECTION RESULTS Okies at the NASP Convention
Graduate Student Awards OSPA Fall 2000 Conference Slated
In Memory Senator Hobson Receives NASP Award
Job Openings The Rights of Parents To See Test Protocols
John Carlson Leaving OSU Tuition Reimbursement for School Psychology Students
NASP Convention  
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School Psychologists Needed

Ignorance Kills Good Legislation

By Dr. Angie S. Love

I have recently become painfully aware of how the political process works. Even though I consider myself an informed citizen, I did not realize how a few people could determine the fate of many. I am referring to a recent attempt by my colleagues to pass legislation that would enable Nationally Certified School Psychologists (NCSP) to be rewarded for their accomplishments and service to the public schools of Oklahoma.

SB 1492 would have amended the Oklahoma Education Leadership Act to include recognition of school psychologists who hold the NCSP credential. This would entitle the psychologists to the salary bonus available to teachers who obtain national board certification. This salary incentive would help address a critical need for and shortage of school psychologists. The federal government has cited Oklahoma for not addressing the shortages of school psychologists in providing mental health services to school districts. A significant number of practicing school psychologists in our state are within five years of retirement. Our universities are not producing enough graduates to fill many of the current openings, and this need will continue to increase over the next few years. In addition, similar to the teacher situation, many choose to leave our state upon completion of their training due to low salaries in comparison to our surrounding states. School Psychologists are trained to provide schools with mental health services, crisis intervention, support for children with behavior problems, and assistance to students with disabilities. When have these services been needed more than now with the current concerns for school safety? School Psychologists serve as a vital resource and support to classroom teachers. They understand how schools work, how children learn, and how to promote positive mental health in a safe and effective learning environment.

SB 1492 passed in the Senate committees and was sent to the House this past week. It failed in the Subcommittee on Education and Appropriations. Representative Jack Begley was adamantly opposed to any other group being recognized in conjunction with teachers. I guess Mr. Begley does not realize that as School Psychologists, many of us are certified teachers. Regardless of teaching experience, we are all issued teaching certificates to practice our profession in the public school systems. In addition, while the National Board of Teaching Standards requires Nationally Certified Teachers to have completed a baccalaureate degree, the National School Psychology Certification Board requires completion of a sixth year specialist degree in school psychology, a minimum of 60 graduate hours, a one-year supervised internship of 1200 hours, and a passing score on the national examination.

I am not happy with a political system that can kill a proposal that would benefit our public school systems by addressing the need for and shortage of school psychologists. Five "No" votes killed the bill in a subcommittee. As with all experiences, we learn valuable lessons. I will now become more involved in the political process and pay more attention to those few who make decisions for so many. I appreciate your continued support of education in our state and your support of this proposal.

This letter was printed in the April 10 issue of The Oklahoma Observer. Editor, Frosty Troy, provided the title. Angie is a Nationally Certified School Psychologist and Licensed Psychologist and a former OSPA President. She works for Union Public Schools in Tulsa.

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ARCHIVES COLLECTION COMPLETED

OSPA materials dating from 1974 through 1999 have been placed in a permanent archives collection. Linda Sanders, Past President, and Helen Copp, past Executive Secretary, spent many, many hours researching and compiling the materials. Special materials were donated by Steve Crane, Darla Griffin, Michael Lacy, Ph.D., Kathleen Osborn, Ph.D., Charles Simon, and Ruth Taylor, Ed.D.

The Table of Contents includes the following:

BOOK I

1) The History of OSPA

2) Charter and Incorporation

3) Constitution, By-Laws, and Operations Handbook

4) Resolutions and Position Statements

5) Strategic Plans

6) Presidents

7) Executive Board

8) Honor Roll/Awards

9) Membership Rolls from 1974 to present

10) OSPA Membership Brochures

11) Annual Conference Brochures

12) OSPA Logos and Letterhead

13) Banners and Badges

BOOK II: Pre-OSPA History

BOOK III: 1974-77

BOOK IV: 1978-93

BOOK V: 1984-87

BOOK VI: 1988-91

BOOK VII: 1992-99

BOOK VIII: OSPA Today Newsletters: February 1985 to Winter 1999

Mary Ellen Jones, Executive Editor

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ELECTION RESULTS

OSPA Bylaws Article VI: Section 5 states: Officers and Regional Representatives shall be elected by a majority of the Regular Members returning mail ballots. A tie shall be resolved by a mail ballot of the Executive Board. The election process shall be completed no later than the first day of June each year.

The following OSPA members have been elected to the 2000-01 Executive Board:

President-Elect, Judy Oehler-Stinnet, Ph.D., Oklahoma State University

Secretary, Celaine Gooding, Western Heights Public Schools

Treasurer-Elect, Marni Wyand, Mid-Del Public Schools

NE Representative, Tracy Fenton, Hilldale Public Schools

SE Representative, Rich Putnam, Ph.D., East Central University

SW Representative, Margaret Phillips

NW Representative, Lisa Barnes, Enid Public Schools

Central Representative, Jamie Haywood, Edmond Public Schools

Judy Oehler-Stinnett is currently Director of School Psychology training at Oklahoma State University. She graduated from the University of Southern Mississippi and has practiced as a school psychologist in five states. Since coming to OSU, she also provided services to a rural school district for three years. She is interested in advocating for school psychologists and the people we serve, as OSPA has always done. Her interests are in motivation, attention and learning problems, social-emotional issues, children with unique gifts and talents, and intervention and prevention. She has served on the Professional Standards Committee of OSPA and the state task force which developed the current school psychology competencies. She is also an active member and annual convention presenter at NASP and APA. Judy has two elementary-aged children who keep her ever mindful of the child's perspective on how we adults impact children's lives.

Marni Wyand has been with the Mid-Del district for two years. She graduated from OU in 1995 with a BS in Psychology and earned a Masters in Community Counseling from UCO in 1998. She resides with her husband in Oklahoma City, where he is an attorney. Marni says that she is looking forward to serving as treasurer for OSPA, if elected, and hopes that her Quicken skills pay-off.

Jamie Haywood has worked as a School psychologist for 18 years--5 years at Children's Hospital, 6 years in Oklahoma City Public Schools and 7 years in Edmond Public Schools. She and her husband, Mark, have one thirteen year-old daughter who will enter high school in the fall. Jamie enjoys music, flying (she has soloed but does not yet have a license), playing with the computer and working out at the YMCA. Her favorite part of school psychology is the interaction with students. Jamie states, "The biggest stretch I have taken lately is to teach a suicide prevention class to 9th grade health students. If you are interested, talk to Elizabeth Hatcher or to me about the "Choices" program sponsored by Contact."

Tracy H. Fenton, candidate for OSPA Northeast Region Representative, is currently employed at Hilldale Public Schools in Muskogee as School Counselor and School Psychologist. She has worked for fourteen years in learning disabilities classrooms. Tracy obtained a Bachelor's Degree in Learning Disabilities in 1985 and a Master's Degree in Special Education and Elementary/Secondary School Counseling. Tracy is certified in Psychometry and School Psychology. She is also listed on the OSDE Traumatic Brain Injury Registry. Tracy was the recipient of the Mary Joe Keatley Graduate Studies Award at the OSPA Spring Conference in 1999. Tracy has served OSPA this past year as the Student Representative from NSU and as the Constitution, By-Laws and Operations Handbook Chair.

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Graduate Student Awards

The recipients of the OSPA Graduate Awards this year are Lynn Cagle, who is in the Ph.D. program in school psychology at OSU, and Jennifer VanHemert, who is in the school psychology certificate program at UCO. Both are highly recommended by their professors, both have 4.00 GPAs in their graduate work, and both are members of OSPA.

Lynn Cagle is pursuing a Ph.D. in school psychology at OSU. She has been a psychometrist with the Bartlesville RESC as well as Director of Assessment with the Claremore Public Schools. Her special concerns include promotion of childrens' overall emotional and physical health in order to maximize their ability to benefit fully from educational opportunities. She is a strong proponent of public schools and she champions public schools' challenges to provide for diverse educational needs within a safe environment.

Jennifer VanHemert is currently pursuing the school psychology certificate program at UCO. She has been a graduate assistant in UCO's Special School Services Center, and will be pursuing her internship in school psychology during the 2000-01 school year. Her special interests include home-school collaboration as an important tool to foster healthy development, encouragement of parent support groups and skills training, and prevention/early intervention programs.

Minna Hall, OSPA Awards Chairperson

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In Memory

On March 15th, Nicky Ayers, a school psychologist for the Lawton Public Schools died. Nicky worked for the school system for 26 years and was still employed at the time of her death. Nicky was a native of Athens, Greece, who was always learning something new, whether it was a foreign language or a new psychological test. She obtained her degrees here in Oklahoma after her children were grown and vigorously embarked on a career of working with special children. On a personal note, Nicky and I always enjoyed attending the OSPA conferences together and I will miss having her by my side, telling me fascinating stories of her childhood in Greece and then deciding where we would go eat and shop before our trek home.

Submitted by Sharon Brady, Southwest Representative

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Job Openings

Mid-Del Schools has two openings for school psychologists.

Contact Dr. Roberta Clark, Director; Mid-Del Schools Special Services, 306 Brett Dr., Midwest City, OK 73110. Phone 405-739-1696 or Fax 405-739-1694.

Lawton Public Schools has two openings for school psychologists and encourages anyone who is interested to apply.

Oklahoma City Public Schools has two full time positions for school psychologists.

Broken Arrow Public Schools has an immediate opening and another opening to begin next School year for certified or licensed school psychologists.

The Oklahoma State Department of Education is accepting applications for psychometrists (in various RESC locations around the state), psychometrist supervisors (Oklahoma County and Kingfisher RESCs), and for the associate director position over the RESC network. Persons interested in applying or finding out more about these job opportunities may contact the office of Human Resources (Personnel) at (405) 521-3977.

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John Carlson Leaving OSU

John Carlson, Ph.D., Professor, at OSU has accepted an exceptional opportunity to join the school psychology faculty at Michigan State University. He resigned his position at OSU as of May 15. Dr. Carlson has been an active member of the OSPA Executive Board, serving as its Ethical and Professional Standards Chair. As such, he has done much to try to clarify credentialing standards at the state level. He has also been instrumental in bringing together university trainers from the other programs in the state to discuss issues related to professional training. The Board thanks Dr. Carlson for his contributions both to the Association and the profession of school psychology in Oklahoma.

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NASP Convention

The NASP 2000 Convention in New Orleans was a blast! The workshops offered multiple opportunities to learn and refine professional skills. The wide selection of presentations made it difficult to chose between the sessions each day. With the spread of youth violence across America, NASP has made crisis intervention and prevention a top priority for this year. The violence prevention play "Bang, Bang, You're Dead," performed by the LaBay Middle School students was well received. Information about the play is available on the web at www.bangbangyourdead.com. The U.S. Surgeon General Satcher spoke about helping to prevent and treat the emotional problems of children. Mental Health: A Report of the Surgeon General Executive Summary has recently been released and can be viewed at http:\\www.surgeongeneral.gov.

One presentation I found informative was "Questions to Find Killers" which is to differentiate teen killers from nonviolent youths. The groups were examined for criminally violent relatives, single parent, physical abuse, gang membership, alcohol and drug abuse, had double the chance of killing. Adding weapons, prior arrests, neurological disorders, truancy, and school problems quadruples the chances.

There are plenty of activities associated with the convention which allows time to join school psychologists from other parts of the country to share ideas and concerns in helping all our nation's children.

Attending the conference allowed me to return to school refreshed with great ideas and the energy needed to complete an extremely challenging year.

Tracy H. Fenton

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NASP Delegate Report

The NASP National Conference in New Orleans was a great success. A record number of participants enjoyed the wonderful keynote speakers at the General Sessions. The United States Surgeon General, Dr. David Satcher, presented a Keynote Address. He emphasized the critical need for mental health care providers and how School Psychologists can help to meet that need. It is vital that School Psychologists be identified as "Health Care Providers", and be ready to accept the challenges in our schools. Both General Sessions addressed the need for better gun regulations and the need to keep guns out of the hands of children. Dr Satcher reported that in the last ten years more children have died from guns than Americans were killed in the Vietnam War. He said we are in a "war to keep our children from being killed by guns". The presentation was a message to all school psychologists to meet the ever increasing needs of the students in our schools.

Kevin Dwyer, the President of NASP, reported that a recent court decision on the east coast had resulted in determining that shortened or reduced days for students was the equivalent of a suspension. This decision resulted in compensatory education for the student involved and could have major impact on many districts in Oklahoma. More will follow on this important event.

For all the school psychologists who would like to explore the possibility of becoming Nationally Certified, the information can be obtained at www.naspweb.org. Information is also available on the website for becoming a member of NASP.

NASP donated many books and materials which were given as door prizes at the OSPA spring conference.

by Joyce Lowrey

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NATIONALLY CERTIFIED SCHOOL PSYCHOLOGISTS: AN

OKLAHOMA LEGISLATIVE JOURNEY

On November 17,1999, a small group of school psychologists met with Senator Cal Hobson to solicit his support and ask him to author legislation which would recognize school psychologists who hold the National Certified School Psychologist credential (NCSP), in accordance with the National School Psychology Certification Board, on par with teachers who have been certified by the National Board for Professional Teaching Standards. Senator Hobson, who is the Chair of the Committee on Appropriations Subcommittee on Education, listened intently to our rationale:

Not only would this proposed bill provide professional recognition and an annual salary bonus (currently $5000) to NCSPs, but also it would provide incentives for retention and recruitment to address state shortages of school psychologists to serve Oklahoma's school children. (Note: OSEP cited Oklahoma for school psychology personnel shortages.) This would reduce the need for emergency certifications. School districts in the OKC metro area, for example, have had school psychologist job openings that have remained unfilled for up to a year, with more vacancies anticipated for the 2000-2001 school year. Records indicate that there are less than 40 NCSPs currently working in public schools in our state, of whom a significant number could retire in five years or less. Over the past decade, the net effects of deinstitutionalization, the change of mission of community guidance centers to early childhood services, the paucity of HMO mental health services, and other societal changes have contributed to increasing numbers and severity of mental health needs of school children. As approved Medicaid providers for third-party reimbursement for school districts, school psychologists are cost effective in providing direct mental health services to school children.

Senator Hobson viewed our proposed legislation as parallel to the Oklahoma Education Leadership Act. Compared to the requirements for National Teacher Certification, the NCSP standards exceeded them. For example, a bachelor's degree is required for the former, while a master's degree with completion of a sixth year specialist degree, for a minimum of 60 graduate semester hours is an NCSP requirement. A supervised internship consisting of 1200 hours and a passing score of 660 on the National School Psychology Exam are other NCSP standards. Senator Hobson agreed to author our bill. With efforts to write it as an amendment to the Oklahoma Education Leadership Act, SB 1492 was born.

Several NCSPs from the original group that met with Senator Hobson, subsequently met to formulate a fact sheet for distribution to state legislators. In these packets were also brochures on the NCSP credential and NASP's "What Is a School Psychologist?'', which were provided by NASP. On the February 16, 2000 rally day for the Oklahoma Education Coalition, many school psychologists from across the state distributed these packets to their state senators and representatives. Later the same day, several school psychologists were present, by the invitation of Senator Hobson, at the first senate subcommittee reading of SB 1492. Several senators briefly asked questions of some of us. We were taken aback by the vehement opposition from Senator Johnnie Crutchfield, a former educator, who wanted to protect the Oklahoma Education Leadership Act as being only for teachers. When we explained that many of us were former classroom teachers, and we all held teaching certificates, it seemed to make little difference. Some wanted to know how much SB 1492 would cost, how many NCSPs would be considered each year, etc. The senate subcommittee struck the title of the bill and sent it back to be reworked. About this time, OSPA's past president Linda Sanders, whose son is a Rhodes Scholar, at a luncheon honoring him and other Rhodes Scholars and their families, had the opportunity to talk with Governor Frank Keating about SB 1492. He indicated that he would support this legislation.

After SB 1492 was reworked to address the senate subcommittee's concerns, it passed with only one negative vote. Then it went to the House, where it was authored by Representative Bill Nations. Held on a workday, the House committee hearing of the bill was attended by a much smaller group of NCSPs, who valiantly tried to address any concerns of the committee members. Rep. Jack Begley was adamantly opposed to any other group being recognized in conjunction with Nationally Certified Teachers. School psychologists were being lumped in with speech pathologists and nationally certified school counselors. The committee vote was tied, until Rep. Debbie Blackburn broke the tie with a no vote which killed the bill.

At the National Association of School Psychologists Convention in New Orleans March 28-April 1, 2000, a dejected group of those Oklahoma NCSPs who had participated thus far, tried to console each other. At the Government and Professional Relations Awards ceremony, a small number of Oklahoma school psychologists gathered to accept the NASP Outstanding Advocate Award on behalf on Senator Hobson. Just as his name was announced, he suddenly appeared in the doorway, having just arrived from the airport, surprising us all. Afterwards, he debriefed us about what happened to SB 1492 in the House. He indicated that he was surprised by Rep. Begley's opposition, and would be talking with him about it. He asked us to contact OEA, who had apparently opposed SB 1492. He encouraged us and told us that there was still hope that our bill could be attached to another education bill before the session was over.

After several contacts were made to OEA, a meeting was held on April 18 after work at the OEA building. Present were school psychologists from the following school districts: Edmond, Norman, Mid-Del, Moore, and Putnam City. OEA's David Duvall, Jim Bynum, and David Kueter, as well as Gayla Hudson of the Oklahoma Commission on Teacher Preparation, which was created to oversee the National Teacher Certification standards in Oklahoma, were present. Gayla Hudson staunchly defended the legislation for the National Board for Professional Teaching Standards as being only for teachers. Many school psychologists in attendance gave the rationale (as listed above) and made passionate pleas in support of our proposed legislation. (You would have been proud of how articulately and eloquently our colleagues stood up for our profession!) However, Ms. Hudson would not budge off her position. The OEA representatives were noticeably quiet, and were questioned by some. OEA defended their previous opposition to our proposed bill by saying that we did not come to them initially. However, OEA seemed to have forgotten that some of their members are school psychologists. While most of us left this meeting shaking our heads, David Kueter of OEA did ask for at least two of us to meet with him to discuss our concerns further. Teresa Coker of Moore Public Schools and I (Candis Hogan of Mid-Del Schools), who are OEA members, agreed to meet with him.

David Kueter met with us shortly after the first group meeting. We reiterated our concerns. He gave us information about the Delaware Plan, which addresses the issue of compensation for national certification for several professions including school psychologists and speech pathologists, via an extra salary column for Knowledge and Skills. Rep. Eddins is interested in doing an interim study on this plan. We have been corresponding via e-mail, mainly on legislative updates of interest. Also, with OSPA President's approval, we invited OEA to have a booth at OSPA's Spring Conference, to perhaps speak briefly at the conference, and to possibly do a feature article in the OEA newsletter about school psychologists who are OEA members. Two of these three were accomplished at the OSPA Spring Conference.

Although our grassroots effort started without going to OEA, OEA is listening to us now. We are learning about the politics of the legislative process, and OEA, I think, is learning more about what school psychologists are. If you are an OEA member, please contact your local OEA representative and begin talking about these concerns. Unless a miracle happens in the eleventh hour of this legislative session, look for this proposed legislation to be readdressed next year. If this bill would provide financial and professional incentive for upgrading of professional skills of school psychologists, who are on the front lines with administrators, teachers, students, parents, and other professionals in the public schools on a daily basis, this can only be good for those children we serve.

Candis Hogan

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Okies at the NASP Convention

The following Oklahomans were listed in the NASP Convention Program in New Orleans. Thanks to all of you for representing our state so ably.

Mini-Skills Assessment for ADHD Intervention Planning: Interpretation of a Comprehensive Battery

Judy Oehler-Stinnet, Linda Palmer, Lynn Cagle, Kurt Choate, Heather Adams, Cynthia Boykin

Physicians' Treatment of Children Experiencing Post Traumatic Stress Disorder: Implications for School Psychologists (Poster)

Cynthia Boykin, John S. Carlson

Psychopharmacology in the Schools: Curricular and Practice Considerations for School Psychology (Poster)

John S. Carlson

Promiscuity and Sexual Orientation as Factors in Future Teachers Perceptions of HIV+ Children (Poster)

Michael Cruce, Courtney Langford, Terry Stinnet, Kurt Choate, Stephanie Crawford, Brande Jackson

Factors That Effect Judgements about Students Labeled HIV+ (Poster)

Terry Stinnet, Michael Cruce, Courtney Langford, Kurt Choate, Stephanie Crawford, Brande Jackson,

Effects of the ADHD Label, Analogue Methodology and High School Location on Judgements of Social and Attentional Skills (Poster)

Dan Koonce, Jennifer Aldridge, Michael Cruce, Courtney Langford,

School-To-Life (Poster)

Richard Putnam, Claralice Putnam

Also seen in attendance at workshops (or out on Bourbon Street) were: Kim Dixon, Joyce Lowrey, Andrew Glenn, Sue Crussen, Naomi Brooks, Jane Bias, Jamie Haywood, Steve Crane, Harley Reeves, Pam Yellin, Candis Hogan, Santa Veles-Conley, Tracy Fenton, and Mary Ellen Jones. Hope to see more of you in Washington D.C. next year.

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OSPA Fall 2000 Conference Slated

The Fall 2000 Conference will be held on October 6 at the Ramada Plaza Hotel and Conference Center in Edmond. Dr. James Sutton will present "The Oppositional and Defiant Child: The Good Kid Disorder."

Dr. Sutton is a former junior high school teacher who became very interested in students who were emotionally and behaviorally troubled. This interest led him to a doctorate in psychology in 1981. As a consulting psychologist, Dr. Sutton has served in a number of child service environments, including education, child care, hospital and residential treatment, group homes, foster care, juvenile probation, and child protective services.

Combining his skills as a consultant and his experience as a radio announcer for a CBS affiliate during his college years, Dr. Sutton has developed and delivered many top-shelf training programs for child service professionals. His university workshops have been well received at some of the leading schools in the country, including the Universities of Oklahoma, Nebraska, Colorado, Kansas, Arizona, and Missouri.

His books include It Makes a Difference, Conducting a Diagnostic Interview with Children and Adolescents, Children of Crisis, Violence, and Loss, and If My Kid's So Nice, Why's He Driving Me Crazy?

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Senator Hobson Receives NASP Award

By far the most exciting event at the NASP conference was the award given to Oklahoma Senator Cal Hobson as an "Outstanding Advocate for Children." Senator Hobson is a caring, concerned man who always puts the needs of children and education first. He serves as the Chair of the Education Subcommittee for the Oklahoma Senate and has attempted to gain recognition and funding for Nationally Certified School Psychologists. He feels strongly that if one group of educators, i.e. teachers, are given additional funding and recognition, then all Nationally Certified Educators should be equally recognized. Senator Hobson has introduced many proactive legislative Bills for the benefit of children. This award was much deserved. Senator Hobson made an eleventh hour appearance at the Awards Reception in New Orleans. To the amazement of the Oklahoma attendees, he arrived just as his name was being announced to accept his award. He is indeed a remarkable man! At his own expense he traveled to New Orleans to accept his award and stand proudly beside the Oklahoma members. Kudos to Senator Hobson for a job well done!

Joyce Lowrey, NASP Delegate

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The Rights of Parents To See Test Protocols

This overview addresses whether test protocols and other such items concerning individual students are subject to the parental access requirement of FERPA. The starting point is the "sole possession" exception of FERPA, which excludes from the definition of education records "records of instructional, supervisory, and administrative personnel...that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record". Reading this language, school psychologists and related professional personnel may argue that test protocols and related items need not be shared with the student's parents if such items are 1) kept in their sole possession, and 2) not shared with anyone else. Underlying their argument is a concern with the publisher's proprietary interest in the test items and answers, as recognized by the Copyright Act, and with the corresponding professional interest in assuring the validity of the test.

However, OSEP does not see it that way. OSEP's original position was that it is "highly improbable" that test protocols meet the "sole possession" exception because 1) they are created by two parties, the examiner and the student, and 2) the purpose is evaluating the student, not serving as a memory aide for the examiner. The agency's subsequent view was even more prohibitive: "Generally, test protocols cannot be excluded from parental review." OSEP's reasoning was that even though the test protocol is kept in the sole possession of the examiner, the information in it is discussed with other school personnel in placement or programming meetings, thus failing to meet the second requirement of the exception.

OSEP's latest interpretation offers more latitude for relevant school personnel. Upon consulting with the Family Policy Compliance Office, OSEP's opinion is that test instruments, test protocols and interpretative materials that do not contain the student's name or other personally identifiable information (e.g. student ID or SSN) do not fall under FERPA's definition of "education records." In contrast, "a school would be required to respond (affirmatively) to a (parent's) request to inspect and review, including an explanation or interpretation, any answer sheet...that a child completed."

Thus, coding a test protocol by a letter or number known only to the test examiner and not otherwise revealing the student's identity may be a way to preserve its confidentiality. Another way would be to destroy, rather than maintain, such materials.

In summary, school psychologists and other district personnel should guard against following their ethical concerns about the confidentiality and integrity of test protocols and related items with regard to the sole-possession exception to FERPA's access requirements, particularly when the child is covered by the IDEA and, thus, Sec. 504/ADA. Carefully coding the material in question and not sharing or, in a personally identifiable way, even discussing it with other professionals appear to be the only legal possibilities for defending a refusal to the parent's request, assuming the child is not 18 years of age. Otherwise, providing the parent the reasonable right to inspect and review, but not copy the document (except if the parent lives at such a distance where inspection/review is not practical) is required by FERPA and the IDEA. Section 504/ADA and state law provide additional restrictions on school districts, depending on the jurisdiction and the circumstances.

Excerpted from an article by Perry Zirkel, LRP Publications, Sept.,1997.

Perry Zirkel teaches special education law at Lehigh University.

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Tuition Reimbursement for School Psychology Students

Special Education Services of the State Department of Education have announced the availability of reimbursement of tuition to students seeking school psychology certification for summer and fall 2000 semesters. Oklahoma and the nation are experiencing critical shortages of school psychologists. This has significant impact on special education and related services for students with disabilities. In response to this need, Oklahoma is providing IDEA, Part B, funds for tuition reimbursement for eligible students who are obtaining their school psychology certification. Cooperating universities must be contacted directly. These are:

East Central University, Ada; Dr. Richard Putnam; (580) 331-5676

Northeastern State University, Tahlequah; Dr. Mary Sweet-Darter; (918) 456-5511

Oklahoma State University, Stillwater and Tulsa Campus; Dr. Terry Stinnett; (405) 744-9456

University of Central Oklahoma, Edmond; Dr. Peggy Kerr; (405) 974-5477

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