AN ACT relating to professional credentials.

UNOFFICIAL COPY 26 RS HB 685/GA
Page 1 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
AN ACT relating to professional credentials. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 161.030 is amended to read as follows: 3
(1) Notwithstanding the age of the pupil, the certification of all teachers and other 4
school personnel, in public schools only, is vested in the Education Professional 5
Standards Board. When so certified, teachers and other school personnel shall not 6
be required to have licensure, certification, or other forms of approval from any 7
other state agency for the performance of their respective assignments within the 8
system of public schools, except a s provided for by law. All certificates authorized 9
under KRS 161.010 to 161.126 shall be issued in accordance with the 10
administrative regulations of the Education Professional Standards Board. After 11
July 15, 1994, all certificate applications and other dat a collection instruments of 12
the board shall include a request for voluntary information about the applicant's 13
ethnic background. This information shall be available to help local school districts 14
locate minority candidates. A person who holds a certificate prior to this 15
requirement may request that ethnic information be added to his or her file. Nothing 16
in this section shall preclude the right of an individual in a nonpublic school from 17
seeking voluntary certification by the Education Professional Standards Board. 18
(2) Certificates shall be issued upon written application and in accordance with statutes 19
and regulations in effect at the time of application to persons who have completed, 20
at colleges, universities, or local school district programs approved by t he 21
Education Professional Standards Board for the preparation of teachers and other 22
school personnel, the curricula prescribed by the administrative regulations of the 23
Education Professional Standards Board. 24
(3) (a) Certification of all new teachers and te achers seeking additional certification 25
shall require the successful completion of appropriate assessments prior to 26
certification. The assessments shall be selected by the Education Professional 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 2 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
Standards Board and shall measure knowledge in the specific teaching field of 1
the applicant, including content of the field and teaching of that content. The 2
Education Professional Standards Board shall determine the minimum 3
acceptable level of achievement on each assessment. The assessments shall 4
measure those conc epts, ideas, and facts which are being taught in teacher 5
education programs in Kentucky. Upon successful completion of the 6
assessments and the approved teacher preparation program, a professional 7
certificate valid for five (5) years shall be issued. 8
(b) If an applicant for teacher certification has completed the approved teacher 9
preparation program and has taken but failed to successfully complete the 10
appropriate assessments selected by the Education Professional Standards 11
Board, a conditional certificate may be issued for a period not to exceed one 12
(1) year. The employing school district, in collaboration with the teacher 13
education institution, shall provide technical assistance and mentoring support 14
to the conditionally certified teacher. The teacher sha ll retake the assessments 15
during the validity period of the conditional certificate. The conditional 16
certificate shall not be reissued. Upon successful completion of the required 17
assessments, a professional certificate valid for five (5) years shall be iss ued. 18
The Education Professional Standards Board shall promulgate administrative 19
regulations to establish the standards and procedures for issuance of a 20
conditional certificate. 21
(c) If an out -of-state teacher with less than two (2) years' experience comes t o 22
Kentucky after the deadline for taking the assessments, a temporary certificate 23
may be issued for a period up to six (6) months. The teacher shall take the 24
assessments during the period of the temporary certificate. If the teacher fails 25
the assessments, the temporary certificate shall be valid only for the current 26
semester. If the teacher passes the assessments, a professional certificate valid 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 3 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
for five (5) years shall be issued. 1
(4) A reasonable fee to be paid by the teacher and directly related to the a ctual cost of 2
the administration of the assessments shall be established by the Education 3
Professional Standards Board. Provisions shall be made for persons having less than 4
minimum levels of performance on any assessment to repeat that assessment, and 5
candidates shall be informed of their strengths and weaknesses in the specific 6
performance areas. The Education Professional Standards Board shall provide for 7
confidentiality of the individual assessment scores. Scores shall be available only to 8
the candidate and to the education officials who are responsible for determining 9
whether established certification standards have been met. Scores shall be used only 10
in the assessment for certification of new teachers and of out -of-state teachers with 11
less than two (2) years of teaching experience who are seeking initial certification 12
in Kentucky. 13
(5) If an applicant establishes eligibility for a five (5) year professional certificate under 14
the provisions of subsection (3)(a) of this section, the applicant shall also be eligible 15
for the issuance of a certificate for substitute teaching as provided by the 16
administrative regulations of the Education Professional Standards Board. 17
(6) (a) The Education Professional Standards Board shall issue a ten (10) year 18
emeritus certificate to an applicant who has: 19
1. Retired or will retire not more than one (1) year prior to the expiration 20
date of the certificate; 21
2. Met the requirements to receive an emeritus certificate as set forth in 22
administrative regulation promulgated by the Educ ation Professional 23
Standards Board; and 24
3. Completed the required application unless the provisions of KRS 25
161.120 apply. 26
(b) The Education Professional Standards Board shall issue a one (1) time five (5) 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 4 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
year exception certificate to an individual: 1
1. Whose certificate has expired; 2
2. Whose rank upon expiration was Rank I or Rank II; 3
3. Who has met the requirements to receive an exception certificate as set 4
forth in administrative regulation promulgated by the Education 5
Professional Standards Board; 6
4. Who completed three (3) years of classroom instruction prior to the 7
certificate's expiration; and 8
5. Who has completed the required application unless the provisions of 9
KRS 161.120 apply. 10
(c) The Education Professional Standards Board shall issue a five (5) y ear 11
certificate to an individual: 12
1. Whose certificate has expired; 13
2. Who has met the requirements for a certificate or statement of 14
eligibility in administrative regulation promulgated by the Education 15
Professional Standards Board; and 16
3. Who submits pro of of successful completion of six (6) credit hours of 17
graduate coursework. 18
(d) The Education Professional Standards Board shall issue a one (1) time five 19
(5) year certificate to an individual: 20
1. Whose certificate has expired; 21
2. Who has met the requireme nts for a certificate or statement of 22
eligibility in administrative regulation promulgated by the Education 23
Professional Standards Board; and 24
3. Who submits a waiver issued by a school district superintendent 25
exempting the applicant from the requirement to submit proof of 26
successful completion of six (6) credit hours of graduate coursework 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 5 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
under paragraph (c)3. of this subsection. 1
(7) The Education Professional Standards Board shall approve the curricula of any 2
college or university, or of any department th ereof, for the training of teachers, and 3
any nontraditional or alternative teacher preparation program offered in a public or 4
private postsecondary education institution, private contractor, or state agency, and 5
shall also approve the curricula of any loca l district alternative certification 6
program, when the curricula comply with the administrative regulations of the 7
Education Professional Standards Board for the issuance of certificates and when 8
the institution has met the terms and conditions provided in KRS 161.010 to 9
161.120. Any student who has completed any of these curricula, as approved by the 10
Education Professional Standards Board, and who has completed the prescribed 11
requirements for the issuance of certificates shall be granted a certificate 12
corresponding to the curricula completed. 13
(8) The issuance of any certificate, except emergency certificates issued pursuant to 14
KRS 161.100, by the Education Professional Standards Board shall not be 15
dependent upon an offer of employment. The certification pro cess, except for 16
emergency certificates, is independent of any job prospects and certification shall 17
be awarded on the basis of completing a teacher preparation program or an 18
alternative certification pathway and passing required assessments. 19
SECTION 2. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO 20
READ AS FOLLOWS: 21
SECTION 1. PURPOSE 22
The purpose of this compact is to facilitate the interstate practice of school psychology 23
in educational or school settings, and in so doing to improve the availability of school 24
psychological services to the public. This compact is intended to establish a pathway to 25
allow school psychologists to obtain equivalent licenses to provide school psychological 26
services in any member state. In this way, this compact shall enable the member states 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 6 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
to ensure that safe and effective school psychological services are available and 1
delivered by appropriately qualified professionals in their educational settings. 2
To facilitate the objectives described above, this compact: 3
A. Enables school psychologists who qualify for receipt of an equivalent license to 4
practice in othe r member states without first satisfying burdensome and 5
duplicative requirements; 6
B. Promotes the mobility of school psychologists between and among the member 7
states in order to address workforce shortages and to ensure that safe and reliable 8
school psychological services are available in each member state; 9
C. Enhances the public accessibility of school psychological services by increasing 10
the availability of qualified, licensed school psychologists through the 11
establishment of an efficient and streamlined pathway for licensees to practice in 12
other member states; 13
D. Preserves and respects the authority of each member state to protect the health 14
and safety of its residents by ensuring that only qualified, licensed professionals 15
are authorized to provide school psychological services within that state; 16
E. Requires school psychologists practicing within a member state to comply with 17
the scope of practice laws present in the state where the school psychological 18
services are being provided; 19
F. Promotes cooperatio n between the member states in regulating the practice of 20
school psychology within those states; and 21
G. Facilitates the relocation of military members and their spouses who are licensed 22
to provide school psychological services. 23
SECTION 2. DEFINITIONS 24
A. "Active military member" means any person with full -time duty status in the 25
Armed Forces of the United States, including members of the National Guard 26
and Reserve; 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 7 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
B. "Adverse action" means disciplinary action or encumbrance imposed on a 1
license by a state licensing authority; 2
C. "Alternative program" means a non -disciplinary, prosecutorial diversion, 3
monitoring, or practice remediation process entered into in lieu of an adverse 4
action which is applicable to a school psychologist and approved by the state 5
licensing authority of a member state in which the participating school 6
psychologist is licensed. This includes but is not limited to programs to which 7
licensees with substance abuse or addiction issues may be referred in lieu of an 8
adverse action; 9
D. "Commissioner" means the individual appointed by a member state to serve as 10
the representative to the commission for that member state; 11
E. "Compact" means this School Psychologist Interstate Licensure Compact; 12
F. "Continuing professional education" means a requir ement, imposed by a 13
member state as a condition of license renewal to provide evidence of successful 14
participation in professional educational activities relevant to the provision of 15
school psychological services; 16
G. "Criminal background check" means the s ubmission of fingerprints or other 17
biometric information for a license applicant for the purpose of obtaining that 18
applicant’s criminal history record information, as defined in 28 C.F.R. sec. 19
20.3(d), and the state’s criminal history record repository as defined in 28 C.F.R. 20
sec. 20.3(f); 21
H. "Doctoral level degree" means a graduate degree program that consists of at 22
least ninety (90) graduate semester hours in the field of school psychology 23
including a supervised internship; 24
I. "Encumbered license" means a license that a state licensing authority has 25
limited in any way other than through an alternative program, including 26
temporary or provisional licenses; 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 8 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
J. "Executive committee" means the commission’s chair, vice chair, secretary, and 1
treasurer and any other commissioners as may be determined by commission rule 2
or bylaw; 3
K. "Equivalent license" means a license to practice school psychology which a 4
member state has identified as a license which may be provided to school 5
psychologists from other member states pursuant to this compact; 6
L. "Home state" means the member state that issued the home state license to the 7
licensee and is the licensee’s primary state of practice; 8
M. "Home state license" means the license that is not an encumbered license issued 9
by the home state to provide school psychological services; 10
N. "License" means a current license, certification, or other authorization granted 11
by a member state’s licensing authority that permits an individual to provide 12
school psychological services; 13
O. "Licensee" means an individual who holds a license from a member state to 14
provide school psychological services; 15
P. "Member state" means a state that has enacted the compact and been admitted to 16
the commission in accordance with the provisions herein and commission rules; 17
Q. "Model compact" means the model language for the School Psychologist 18
Interstate Licensure Compact on file with the Council of State Governments or 19
other entity as designated by the commission; 20
R. "Practice of school psychology" means the delivery of school psychological 21
services; 22
S. "Qualifying national exam" means a national licensing examination endorsed by 23
the National Association of School Psychologists and any other exam as 24
approved by the rules of the commission; 25
T. "Qualifying school psychologist edu cation program" means an education 26
program which awards a specialist -level or doctoral -level degree or equivalent 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 9 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
upon completion and is approved by the rules of the commission as meeting the 1
necessary minimum educational standards to ensure that its gradu ates are ready, 2
qualified, and able to engage in the practice of school psychology; 3
U. "Remote state" means a member state other than the home state where a licensee 4
holds a license through the compact; 5
V. "Rule" means a regulation promulgated by an entity , including but not limited to 6
the commission and the state licensing authority of each member state, that has 7
the force of law; 8
W. "School psychological services" means academic, mental and behavioral health 9
services, including assessment, prevention, con sultation and collaboration, 10
intervention, and evaluation provided by a school psychologist in a school, as 11
outlined in applicable professional standards as determined by commission rule; 12
X. "School psychologist" means an individual who has met the require ments to 13
obtain a home state license that legally conveys the professional title of school 14
psychologist, or its equivalent as determined by the rules of the commission; 15
Y. "School Psychologist Interstate Licensure Compact Commission" or 16
"commission" means the joint government agency established by this compact 17
whose membership consists of representatives from each member state that has 18
enacted the compact, and as further described in Section 7 of this compact; 19
Z. "Scope of practice" means the procedures, ac tions, and processes a school 20
psychologist licensed in a state is permitted to undertake in that state and the 21
circumstances under which that licensee is permitted to undertake those 22
procedures, actions, and processes. Such procedures, actions, and process es, and 23
the circumstances under which they may be undertaken, may be established 24
through means including but not limited to statute, regulations, case law, and 25
other processes available to the state licensing authority or other government 26
agency; 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 10 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
AA. "Specialist-level degree" means a degree program that requires at least sixty (60) 1
graduate semester hours or equivalent in the field of school psychology including 2
a supervised internship; 3
BB. "State" means any state, commonwealth, district, or territory of th e United States 4
of America; 5
CC. "State licensing authority" means a member state’s regulatory body responsible 6
for issuing licenses or otherwise overseeing the practice of school psychology; 7
DD. "State specific requirement" means a requirement for licensur e covered in 8
coursework or examination that includes content of unique interest to the state; 9
and 10
EE. "Unencumbered license" means a license that authorizes a licensee to engage in 11
the full and unrestricted practice of school psychology. 12
SECTION 3. STATE PARTICIPATION IN THE COMPACT 13
A. To be eligible to join this compact, and to maintain eligibility as a member state, a 14
state must: 15
1. Enact a compact statute that is not materially different from the model 16
compact as defined in the commission’s rules; 17
2. Participate in the sharing of information with other member states as 18
reasonably necessary to accomplish the objectives of this compact, and as 19
further defined in Section 8 of this compact; 20
3. Identify and maintain with the commission a list of equivalent lic enses 21
available to licensees who hold a home state license under this compact; 22
4. Have a mechanism in place for receiving and investigating complaints 23
about licensees; 24
5. Notify the commission, in compliance with the terms of the compact and the 25
commission’s rules, of any adverse action taken against a licensee, or of the 26
availability of investigative information which relates to a licensee or 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 11 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
applicant for licensure; 1
6. Require that applicants for a home state license have: 2
a. Taken and passed a qualifying national exam as defined by the rules 3
of the commission; 4
b. Completed a minimum of one thousand two hundred (1,200) hours of 5
supervised internship, of which at least six hundred (600) hours must 6
have been completed in a school, prior to being approved for 7
licensure; and 8
c. Graduated from a qualifying school psychologist education program; 9
and 10
7. Comply with the terms of this compact and the rules of the commission. 11
B. Each member state shall grant an equivalent license to practice school 12
psychology in that state upon application by a licensee who satisfies the criteria of 13
Section 4.A. of this compact. Each member state shall grant renewal of the 14
equivalent license to a licensee who satisfies the criteria of Section 4.B. of this 15
compact. 16
C. Member states may set and collect a fee for granting an equivalent license. 17
SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT 18
A. To obtain and maintain an equivalent license from a remote state under this 19
compact, a licensee must: 20
1. Hold and maintain an active home state license; 21
2. Satisfy any applicable state specific requirements established by the member 22
state after an equivalent license is granted; 23
3. Complete any admini strative or application requirements which the 24
commission may establish by rule, and pay any associated fees; 25
4. Complete any requirements for renewal in the home state, including 26
applicable continuing professional education requirements; and 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 12 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
5. Upon their application to receive a license under this compact, undergo a 1
criminal background check in the member state in which the equivalent 2
license is sought in accordance with the laws and regulations of such 3
member state. 4
B. To renew an equivalent license in a member state other than the home state, a 5
licensee must only apply for renewal, complete a background check, and pay 6
renewal fees as determined by the licensing authority. 7
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 8
A licensee who is an active mil itary member or is the spouse of an active military 9
member shall be deemed to hold a home state license in any of the following locations: 10
A. The licensee’s permanent residence; 11
B. A member state that is the licensee’s primary state of practice; or 12
C. A member state where the licensee has relocated pursuant to a permanent change 13
of station (PCS). 14
SECTION 6. DISCIPLINE AND ADVERSE ACTIONS 15
A. Nothing in this compact shall be deemed or construed to limit the authority of a 16
member state to investigate or impos e disciplinary measures on licensees 17
according to the state practice laws thereof. 18
B. Member states shall be authorized to receive, and shall provide, files and 19
information regarding the investigation and discipline, if any, of licensees in 20
other member states upon request. Any member state receiving such information 21
or files shall protect and maintain the security and confidentiality thereof, in at 22
least the same manner that it maintains its own investigatory or disciplinary files 23
and information. Prior to disclosing any disciplinary or investigatory information 24
received from another member state, the disclosing state shall communicate its 25
intention and purpose for such disclosure to the member state which originally 26
provided that information. 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 13 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST 1
INTERSTATE LICENSURE COMPACT COMMISSION 2
A. The member states hereby create and establish a joint government agency whose 3
membership consists of all member states that have enacted the compact, and this 4
agency shall be known as the School Psychologist Interstate Licensure Compact 5
Commission. The commission is an instrumentality of the member states acting 6
jointly and not an instrumentality of any one (1) state. The commission shall 7
come into existence on or after the ef fective date of the compact as set forth in 8
Section 11 of this compact. 9
B. Membership, voting, and meetings: 10
1. Each member state shall have and be limited to one (1) delegate selected by 11
that member state’s state licensing authority. 12
2. The delegate shall be the primary administrative officer of the member state 13
licensing authority or their designee who is an employee of the member 14
state licensing authority. 15
3. The commission shall by rule or bylaw establish a term of office for 16
delegates and may by rule or bylaw establish term limits. 17
4. The commission may recommend removal or suspension of any delegate 18
from office. 19
5. A member state’s licensing authority shall fill any vacancy of its delegate 20
occurring on the commission within sixty (60) days of the vacancy. 21
6. Each delegate shall be entitled to one (1) vote on all matters before the 22
commission requiring a vote by commission delegates. 23
7. A delegate shall vote in person or by such other means as provided in the 24
bylaws. The bylaws may provide for delegates to meet by 25
telecommunication, videoconference, or other means of communication. 26
8. The commission shall meet at least once during each calendar year. 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 14 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
Additional meetings may be held as set forth in the bylaws. The commission 1
may meet by telecommunication, videoconference or other similar 2
electronic means. 3
C. The commission shall have the following powers: 4
1. Establish the fiscal year of the commission; 5
2. Establish code of conduct and conflict of interest policies; 6
3. Establish and amend rules and bylaws; 7
4. Establish the procedure through which a licensee may change their home 8
state; 9
5. Maintain its financial records in accordance with the bylaws; 10
6. Meet and take such actions as are consistent with the provisions of this 11
compact, the commission’s rules, and the bylaws; 12
7. Initiate and conclude legal proceedings or actions in the name of the 13
commission, provided that the standing of any member state licensing 14
authority to sue or be sued under applicable law shall not be affected; 15
8. Maintain and certify records and information provided to a member state as 16
the authenticated business records of the commission, and designate an 17
agent to do so on the commission's behalf; 18
9. Purchase and maintain insurance and bonds; 19
10. Borrow, accept, or contract for services of personnel, including but not 20
limited to employees of a member state; 21
11. Conduct an annual financial review; 22
12. Hire employees, elect or appoint officers, fix compensation, define duties, 23
grant such individuals appropriate authority to carry out the purposes of the 24
compact, and establish the commission’s personnel policies and programs 25
relating to conflicts of intere st, qualifications of personnel, and other 26
related personnel matters; 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 15 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
13. Assess and collect fees; 1
14. Accept any and all appropriate gifts, donations, grants of money, other 2
sources of revenue, equipment, supplies, materials, and services, and 3
receive, ut ilize, and dispose of the same, provided that at all times the 4
commission shall avoid any appearance of impropriety and/or conflict of 5
interest; 6
15. Lease, purchase, retain, own, hold, improve, or use any property, real, 7
personal, or mixed, or any undivided interest therein; 8
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 9
dispose of any property real, personal, or mixed; 10
17. Establish a budget and make expenditures; 11
18. Borrow money; 12
19. Appoint committees, including standing comm ittees, composed of members, 13
state regulators, state legislators or their representatives, and consumer 14
representatives, and such other interested persons as may be designated in 15
this compact and the bylaws; 16
20. Provide and receive information from, and co operate with, law enforcement 17
agencies; 18
21. Establish and elect an executive committee, including a chair and a vice 19
chair; 20
22. Determine whether a state’s adopted language is materially different from 21
the model compact language such that the state would n ot qualify for 22
participation in the compact; and 23
23. Perform such other functions as may be necessary or appropriate to achieve 24
the purposes of this compact. 25
D. The executive committee: 26
1. The executive committee shall have the power to act on behalf of the 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 16 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
commission according to the terms of this compact. The powers, duties, and 1
responsibilities of the executive committee shall include: 2
a. Oversee the day -to-day activities of the administr ation of the compact 3
including enforcement and compliance with the provisions of the 4
compact, its rules and bylaws, and other such duties as deemed 5
necessary; 6
b. Recommend to the commission changes to the rules or bylaws, 7
changes to this compact legislatio n, fees charged to member states, 8
fees charged to licensees, and other fees; 9
c. Ensure compact administration services are appropriately provided, 10
including by contract; 11
d. Prepare and recommend the budget; 12
e. Maintain financial records on behalf of the commission; 13
f. Monitor compact compliance of member states, and provide 14
compliance reports to the commission; 15
g. Establish additional committees as necessary; 16
h. Exercise the powers and duties of the commission during the interim 17
between commission meetings, except for adopting or amending rules, 18
adopting or amending bylaws, and exercising any other powers and 19
duties expressly reserved to the commission by rule or bylaw; and 20
i. Other duties as provided in the rules or bylaws of the commission. 21
2. The executive committee shall be composed of up to seven (7) members: 22
a. The chair and vice chair of the commission shall be voting members 23
of the executive committee; and 24
b. The commission shall elect five (5) voting members from the current 25
membership of the commission. 26
3. The commission may remove any member of the executive committee as 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 17 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
provided in the commission’s bylaws. 1
4. The executive committee shall meet at least annually. 2
a. Executive committee meetings shall be open to the public, except that 3
the executive committee may meet in a closed, non -public meeting as 4
provided in subsection F.2. of this section. 5
b. The executive committee shall give thirty (30) days’ notice of its 6
meetings, posted on its website and as determined to provide notice to 7
persons with an interest in the business of the commission. 8
c. The executive committee may hold a special meeting in accordance 9
with subsection F.1.b. of this section. 10
E. The commission shall adopt and provide to the member states an annual report. 11
F. Meetings of the commission: 12
1. All meetings shall be open to the public, except that the commission may 13
meet in a closed, non -public meeting as provided in subsection F.2. of this 14
section. 15
a. Public notice for all meetings of the full commission shall be given in 16
the same man ner as required under the rulemaking provisions in 17
Section 9 of this compact, except that the commission may hold a 18
special meeting as provided in subsection F.1.b. of this section. 19
b. The commission may hold a special meeting when it must meet to 20
conduct emergency business by giving forty-eight (48) hours’ notice to 21
all commissioners, on the commission’s website, and other means as 22
provided in the commission’s rules. The commission’s legal counsel 23
shall certify that the commission’s need to meet qualifies as an 24
emergency. 25
2. The commission or the executive committee or other committees of the 26
commission may convene in a closed, non -public meeting for the 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 18 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
commission or executive committee or other committees of the commission 1
to receive legal advice or to discuss: 2
a. Non-compliance of a member state with its obligations under the 3
compact; 4
b. The employment, compensation, discipline or other matters, practices 5
or procedures related to specific employees; 6
c. Current or threatened discipline of a licensee by the commission or by 7
a member state’s licensing authority; 8
d. Current, threatened, or reasonably anticipated litigation; 9
e. Negotiation of contracts for the purchase, lease, or sale of goods, 10
services, or real estate; 11
f. Accusing any person of a crime or formally censuring any person; 12
g. Trade secrets or commercial or financial information that is privileged 13
or confidential; 14
h. Information of a personal nature where disclosure would constitute a 15
clearly unwarranted invasion of personal privacy; 16
i. Investigative records compiled for law enforcement purposes; 17
j. Information related to any investigative reports prepared by or on 18
behalf of or for use of the commission or other committee charged 19
with responsibility of investigation or de termination of compliance 20
issues pursuant to the compact; 21
k. Matters specifically exempted from disclosure by federal or member 22
state law; or 23
l. Other matters as promulgated by the commission by rule. 24
3. If a meeting, or portion of a meeting, is closed, th e presiding officer shall 25
state that the meeting will be closed and reference each relevant exempting 26
provision, and such reference shall be recorded in the minutes. 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 19 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
4. The commission shall keep minutes that fully and clearly describe all 1
matters discussed in a meeting and shall provide a full and accurate 2
summary of actions taken, and the reasons therefore, including a 3
description of the views expressed. All documents considered in connection 4
with an action shall be identified in such minutes. All minutes and 5
documents of a closed meeting shall remain under seal, subject to release 6
only by a majority vote of the commission or order of a court of competent 7
jurisdiction. 8
G. Financing of the commission: 9
1. The commission shall pay, or provide for the payment o f, the reasonable 10
expenses of its establishment, organization, and ongoing activities. 11
2. The commission may accept any and all appropriate revenue sources as 12
provided in subsection C.14. of this section. 13
3. The commission may levy on and collect an annual assessment from each 14
member state and impose fees on licensees practicing in the member states 15
under an equivalent license to cover the cost of the operations and activities 16
of the commission and its staff, which must be in a total amount sufficient 17
to cover its annual budget as approved each year for which revenue is not 18
provided by other sources. The aggregate annual assessment amount for 19
member states shall be allocated based upon a formula that the commission 20
shall promulgate by rule. 21
4. The commission shall not incur obligations of any kind prior to securing 22
the funds adequate to meet the same; nor shall the commission pledge the 23
credit of any of the member states, except by and with the authority of the 24
member state. 25
5. The commission shall keep accur ate accounts of all receipts and 26
disbursements. The receipts and disbursements of the commission shall be 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 20 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
subject to the financial review and accounting procedures established under 1
its bylaws. However, all receipts and disbursements of funds handled by th e 2
commission shall be subject to an annual financial review by a certified or 3
licensed public accountant, and the report of the financial review shall be 4
included in and become part of the annual report of the commission. 5
H. Qualified immunity, defense, and indemnification: 6
1. The members, officers, executive director, employees and representatives of 7
the commission shall be immune from suit and liability, both personally and 8
in their official capacity, for any claim for damage to or loss of property or 9
personal injury or other civil liability caused by or arising out of any actual 10
or alleged act, error, or omission that occurred, or that the person against 11
whom the claim is made had a reasonable basis for believing occurred 12
within the scope of commission em ployment, duties or responsibilities; 13
provided that nothing in this paragraph shall be construed to protect any 14
such person from suit or liability for any damage, loss, injury, or liability 15
caused by the intentional, willful, or wanton misconduct or neglig ent 16
conduct of that person. The procurement of insurance of any type by the 17
commission shall not in any way compromise or limit the immunity granted 18
hereunder. 19
2. The commission shall defend any member, officer, executive director, 20
employee, and representa tive of the commission in any civil action seeking 21
to impose liability arising out of any actual or alleged act, error, or omission 22
that occurred within the scope of commission employment, duties, or 23
responsibilities, or as determined by the commission tha t the person against 24
whom the claim is made had a reasonable basis for believing occurred 25
within the scope of commission employment, duties, or responsibilities; 26
provided that nothing herein shall be construed to prohibit that person from 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 21 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
retaining their own counsel at their own expense; and provided further, that 1
the actual or alleged act, error, or omission did not result from that person’s 2
intentional, willful, or wanton misconduct or negligent conduct. 3
3. The commission shall indemnify and hold harmless any member, officer, 4
executive director, employee, and representative of the commission for the 5
amount of any settlement or judgment obtained against that person arising 6
out of any actual or alleged act, error, or omission that occurred within the 7
scope o f commission employment, duties, or responsibilities, or that such 8
person had a reasonable basis for believing occurred within the scope of 9
commission employment, duties, or responsibilities, provided that the actual 10
or alleged act, error, or omission did not result from the intentional, willful, 11
or wanton misconduct or negligent conduct of that person. 12
4. Nothing herein shall be construed as a limitation on the liability of any 13
licensee for professional malpractice or misconduct, which shall be 14
governed solely by any other applicable state laws. 15
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 16
a member state’s state action immunity or state action affirmative defense 17
with respect to antitrust claims under the Sherman Act, Clayt on Act, or any 18
other state or federal antitrust or anticompetitive law or regulation. 19
6. Nothing in this compact shall be construed to be a waiver of sovereign 20
immunity by the member states or by the commission. 21
7. The liability of the executive director a nd employees of the compact 22
commission or representatives of the School Psychologist Interstate 23
Licensure Compact Commission, acting within the scope of such person's 24
employment or duties for acts, errors, or omissions may not exceed the 25
limits of liabilit y set forth under the constitution and laws of that state for 26
state officials, employees, and agents. The commission is considered to be 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 22 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
an instrumentality of the member states for the purposes of any such action. 1
SECTION 8. FACILITATING INFORMATION EXCHANGE 2
A. The commission shall provide for facilitating the exchange of information to 3
administer and implement the provisio ns of this compact in accordance with the 4
rules of the commission, consistent with generally accepted data protection 5
principles. 6
B. Notwithstanding any other provision of state law to the contrary, a member state 7
shall agree to provide for the facilitatio n of the following licensee information as 8
required by the rules of the commission, including: 9
1. Identifying information; 10
2. Licensure data; 11
3. Adverse actions against a license and information related thereto; 12
4. Non-confidential information related to a lternative program participation, 13
the beginning and ending dates of such participation, and other information 14
related to such participation not made confidential under member state law; 15
5. Any denial of application for licensure, and the reason(s) for such denial; 16
6. The presence of investigative information; and 17
7. Other information that may facilitate the administration of this compact or 18
the protection of the public, as determined by the rules of the commission. 19
C. Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the 20
power of a member state to control and maintain ownership of its licensee 21
information or alter, limit, or inhibit the laws or regulations governing licensee 22
information in the member state. 23
SECTION 9. RULEMAKING 24
A. The commission shall exercise its rulemaking powers pursuant to the criteria set 25
forth in this interstate compact and the rules adopted thereunder. Rules and 26
amendments shall become binding as of the date specified in each rule or 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 23 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
amendment. 1
B. The co mmission shall promulgate reasonable rules to achieve the intent and 2
purpose of this interstate compact. In the event the commission exercises its 3
rulemaking authority in a manner that is beyond purpose and intent of this 4
interstate compact, or the powers granted hereunder, then such an action by the 5
commission shall be invalid and have no force and effect of law in the member 6
states. 7
C. If a majority of the legislatures of the member states rejects a rule, by enactment 8
of a statute or resolution in the sam e manner used to adopt the compact within 9
four (4) years of the date of adoption of the rule, then such rule shall have no 10
further force and effect in any member state. 11
D. Rules or amendments to the rules shall be adopted or ratified at a regular or 12
special meeting of the commission in accordance with commission rules and 13
bylaws. 14
E. Prior to promulgation and adoption of a final rule or rules by the commission, 15
and at least thirty (30) days in advance of the meeting at which the rule will be 16
considered and v oted upon, the commission shall file a notice of proposed 17
rulemaking: 18
1. On the website of the commission or other publicly accessible platform; and 19
2. On the website of each member state licensing authority or other publicly 20
accessible platform or the pub lication in which each state would otherwise 21
publish proposed rules. 22
F. Upon determination that an emergency exists, the commission may consider and 23
adopt an emergency rule with forty -eight (48) hours’ notice, with opportunity to 24
comment, provided that the usual rulemaking procedures shall be retroactively 25
applied to the rule as soon as reasonably possible, in no event later than ninety 26
(90) days after the effective date of the rule. For the purposes of this provision, an 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 24 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
emergency rule is one that must be adopted immediately in order to: 1
1. Meet an imminent threat to public health, safety, or welfare; 2
2. Prevent a loss of commission or member state funds; 3
3. Meet a deadline for the promulgation of an administrative rule that is 4
established by federal law or rule; or 5
4. Protect public health and safety. 6
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 7
A. Oversight: 8
1. The executive and judicial branches of the state government in each 9
member state shall enforce this compact and take all actions nece ssary and 10
appropriate to implement the compact. 11
2. Venue is proper and judicial proceedings by or against the commission shall 12
be brought solely and exclusively in a court of competent jurisdiction where 13
the principal office of the commission is located. T he commission may 14
waive venue and jurisdictional defenses to the extent it adopts or consents to 15
participate in alternative dispute resolution proceedings. Nothing herein 16
shall affect or limit the selection or propriety of venue in any action against 17
a lic ensee for professional malpractice, misconduct or any such similar 18
matter. 19
3. The commission shall be entitled to receive service of process in any 20
proceeding regarding the enforcement or interpretation of the compact and 21
shall have standing to intervene i n such a proceeding for all purposes. 22
Failure to provide the commission service of process shall render a 23
judgment or order void as to the commission, this compact, or promulgated 24
rules. 25
B. Default, technical assistance, and termination: 26
1. If the commission determines that a member state has defaulted in the 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 25 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
performance of its obligations or responsibilities under this compact or the 1
promulgated rules, the commission shall provide written no tice to the 2
defaulting state. The notice of default shall describe the default, the 3
proposed means of curing the default, and any other action that the 4
commission may take, and shall offer training and specific technical 5
assistance regarding the default. 6
2. The commission shall provide a copy of the notice of default to the other 7
member states. 8
C. If a state in default fails to cure the default, the defaulting state may be 9
terminated from the compact upon an affirmative vote of a supermajority of the 10
delegates of the member states, and all rights, privileges and benefits conferred 11
on that state by this compact may be terminated on the effective date of 12
termination. A cure of the default does not relieve the offending state of 13
obligations or liabilities incurred during the period of default. 14
D. Termination of membership in the compact shall be imposed only after all other 15
means of securing compliance have been exhausted. Notice of intent to suspend 16
or terminate shall be given by the commission to the governor, the majority and 17
minority leaders of the defaulting state’s legislature, the defaulting state’s 18
licensing authority, and each of the member states’ licensing authorities. 19
E. A state that has been terminated is responsible for all assessments, obligations, 20
and liabilities incurred through the effective date of termination, including 21
obligations that extend beyond the effective date of termination. 22
F. Upon the termination of a state’s membership from this compact, that state shall 23
immediately provide notice to all licensees within that state of such termination. 24
The terminated state shall continue to recognize all licenses granted pursuant to 25
this compact for a minimum of six (6) months after the date of said notice of 26
termination. 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 26 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
G. The commission shall not bear any costs related to a state that is found to be in 1
default or that has been terminated from the compact, unless agreed upon in 2
writing between the commission and the defaulting state. 3
H. The defaulting state may appeal the action of the commission b y petitioning the 4
United States District Court for the District of Columbia or the federal district 5
where the commission has its principal offices. The prevailing party shall be 6
awarded all costs of such litigation, including reasonable attorney’s fees. 7
I. Dispute resolution: 8
1. Upon request by a member state, the commission shall attempt to resolve 9
disputes related to the compact that arise among member states and between 10
member and non-member states. 11
2. The commission shall promulgate a rule providing for both mediation and 12
binding dispute resolution for disputes as appropriate. 13
J. Enforcement: 14
1. By majority vote as provided by rule, the commission may initiate legal 15
action against a member state in default in the United States District Court 16
for the Dist rict of Columbia or the federal district where the commission 17
has its principal offices to enforce compliance with the provisions of the 18
compact and its promulgated rules. The relief sought may include both 19
injunctive relief and damages. In the event judic ial enforcement is 20
necessary, the prevailing party shall be awarded all costs of such litigation, 21
including reasonable attorney’s fees. The remedies herein shall not be the 22
exclusive remedies of the commission. The commission may pursue any 23
other remedies available under federal or the defaulting member state’s law. 24
2. A member state may initiate legal action against the commission in the 25
United States District Court for the District of Columbia or the federal 26
district where the Commission has its principa l offices to enforce 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 27 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
compliance with the provisions of the compact and its promulgated rules. 1
The relief sought may include both injunctive relief and damages. In the 2
event judicial enforcement is necessary, the prevailing party shall be 3
awarded all costs of such litigation, including reasonable attorney’s fees. 4
3. No person other than a member state shall enforce this compact against the 5
commission. 6
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 7
A. The compact shall come into effect on the date on w hich the compact statute is 8
enacted into law in the seventh member state. 9
1. On or after the effective date of the compact indicated above, the 10
commission shall convene and review the enactment of each of the charter 11
member states to determine if the statu te enacted by each such charter 12
member state is materially different than the model compact statute. 13
a. A charter member state whose enactment is found to be materially 14
different from the model compact statute shall be entitled to the 15
default process set forth in Section 10 of this compact. 16
b. If any member state is later found to be in default, or is terminated or 17
withdraws from the compact, the commission shall remain in 18
existence and the compact shall remain in effect even if the number of 19
member states should be less than seven (7). 20
2. Member states enacting the compact subsequent to the charter member 21
states shall be subject to the process set forth in Section 7.C.22. of this 22
compact to determine if their enactments are materially different from the 23
model compact statute and whether they qualify for participation in the 24
compact. 25
3. All actions taken for the benefit of the commission or in furtherance of the 26
purposes of the administration of the compact prior to the effective date of 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 28 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
the compact or the commission coming into existence shall be considered to 1
be actions of the commission unless specifically repudiated by the 2
commission. 3
a. Any state that joins the compact subsequent to the commission’s initial 4
adoption of the rules and bylaws shall be subjec t to the rules and 5
bylaws as they exist on the date on which the compact becomes law in 6
that state. Any rule that has been previously adopted by the 7
commission shall have the full force and effect of law on the day the 8
compact becomes law in that state. 9
b. Any member state may withdraw from this compact by enacting a 10
statute repealing the same. 11
B. A member state’s withdrawal shall not take effect until one hundred eighty (180) 12
days after enactment of the repealing statute. 13
C. Withdrawal shall not affect the continuing requirement of the withdrawing 14
state’s licensing authority to comply with the investigative and adverse action 15
reporting requirements of this compact prior to the effective date of withdrawal. 16
D. Upon the enactmen t of a statute withdrawing from this compact, a state shall 17
immediately provide notice of such withdrawal to all licensees within that state. 18
Notwithstanding any subsequent statutory enactment to the contrary, such 19
withdrawing state shall continue to recognize all licenses granted pursuant to this 20
compact for a minimum of six (6) months after the date of such notice of 21
withdrawal. 22
1. Nothing contained in this compact shall be construed to invalidate or 23
prevent any licensure agreement or other cooperative ar rangement between 24
a member state and a non -member state that does not conflict with the 25
provisions of this compact. 26
2. This compact may be amended by the member states. No amendment to this 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 29 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
compact shall become effective and binding upon any member state u ntil it 1
is enacted into the laws of all member states. 2
SECTION 12. CONSTRUCTION AND SEVERABILITY 3
A. This compact and the commission’s rulemaking authority shall be liberally 4
construed so as to effectuate the purposes, and the implementation and 5
administration of the compact. Provisions of the compact expressly authorizing or 6
requiring the promulgation of rules shall not be construed to limit the 7
commission’s rulemaking authority solely for those purposes. 8
B. The provisions of this compact shall be severable and if any phrase, clause, 9
sentence or provision of this compact is held by a court of competent jurisdiction 10
to be contrary to the constitution of any member state, a state seeking 11
participation in the compact, or of the United States, or the applicabili ty thereof 12
to any government, agency, person or circumstance is held to be unconstitutional 13
by a court of competent jurisdiction, the validity of the remainder of this compact 14
and the applicability thereof to any other government, agency, person or 15
circumstance shall not be affected thereby. 16
C. Notwithstanding subsection B. of this section, the commission may deny a state’s 17
participation in the compact or, in accordance with the requirements of Section 18
10.B. of this compact, terminate a member state’s parti cipation in the compact, if 19
it determines that a constitutional requirement of a member state is a material 20
departure from the compact. Otherwise, if this compact shall be held to be 21
contrary to the constitution of any member state, the compact shall remai n in full 22
force and effect as to the remaining member states and in full force and effect as 23
to the member state affected as to all severable matters. 24
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 25
LAWS 26
A. Nothing herein shall prevent or inhi bit the enforcement of any other law of a 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 30 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
member state that is not inconsistent with the compact. 1
B. Any laws, statutes, regulations, or other legal requirements in a member state in 2
conflict with the compact are superseded to the extent of the conflict. 3
C. All permissible agreements between the commission and the member states are 4
binding in accordance with their terms. 5
SECTION 14. APPLICABILITY OF KENTUCKY STATE GOVERNMENT 6
In order to clarify the effect of certain provisions of this compact and to ensure that the 7
rights and responsibilities of the various branches of government are maintained, the 8
following shall be in effect in this state: 9
A. By entering into this compact, this state authorizes the state licensing authority as 10
defined in Section 2.CC. of this compact and as created by KRS 161.028 to 11
implement the provisions of this compact. 12
B. Notwithstanding any provision of this compact to the contrary: 13
1. When a rule is adopted pursuant to Section 9 of this compact, the state 14
licensing authority as def ined by Section 2.CC. of this compact shall have 15
sixty (60) days to review the rule for the purpose of filing the rule as an 16
emergency administrative regulation pursuant to KRS 13A.190 and for 17
filing the rule as an accompanying ordinary administrative regu lation, 18
following the requirements of KRS Chapter 13A. Failure by the state 19
licensing authority as defined by Section 2.CC. of this compact to 20
promulgate a rule adopted by the School Psychologist Interstate Licensure 21
Compact Commission as an administrative regulation pursuant to KRS 22
Chapter 13A shall result in withdrawal as set forth in Section 11 of this 23
compact. Nothing in these provisions shall negate the applicability of a 24
commission rule or Section 9 of this compact to this state; 25
2. If the proposed ad ministrative regulation is found deficient and the 26
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 27
UNOFFICIAL COPY 26 RS HB 685/GA
Page 31 of 31
HB068510.100 - 2189 - XXXX 3/9/2026 4:33 PM GA
provisions of Section 10 of this compact shall apply. If the deficiency is 1
resolved in a manner determined by the commission to be inconsi stent with 2
this compact or its rules, or if the procedures under Section 10 of this 3
compact fail to resolve an issue, the withdrawal provisions of Section 11 of 4
this compact shall apply; and 5
3. If a court of competent jurisdiction determines that the Schoo l Psychologist 6
Interstate Licensure Compact Commission created by Section 7 of this 7
compact exercises its rulemaking authority in a manner that is beyond the 8
scope of the purposes of this compact, or the powers granted under this 9
compact, then such an acti on by the commission shall be invalid and have 10
no force or effect. 11
C. Section 7.G. of this compact pertaining to the financing of the commission shall 12
not be interpreted to obligate the general fund of this state. Any funds used to 13
finance this compact shall be from money collected pursuant to KRS 161.028. 14
D. This compact shall apply only to those school psychologists who practice or work 15
under a compact privilege. 16