Legislation
MSPA makes efforts to monitor legislation that relates to school psychology and to file appropriate bills approved by the Board of Directors. Keeping school psychologists apprised of important changes, updates and regulations is an important activity of MSPA. This page will highlight legislation and government activities that may affect our work as school psychologists in Massachusetts.
State Mental Health Plan Draft 2008-2010
The Massachusetts Department of Mental Health has developed a strategic plan for 2008 to 2010. The Department of Mental Health is part of the Office of Health in Massachusetts. It is expected that Health Care Reform in our state will increase access to mental health service.
There is a national movement to change systems of servicing individuals with mental health needs. Massachusetts has joined this movement. We now have universal health insurance and parity for mental health benefits. A lawsuit was argued successfully to indicate that Massachusetts did not provide adequate coverage for home services for children with severe emotional disorders. Remedy as a result of this lawsuit must be provided by June 2009.
Unmet service needs have been identified for the 50,210 children with extreme dysfunction aged 9 to 18 years and the 83,233 children with substantial functional impairment. There is a dire need for case management and residential support services, beds are currently unavailable, and some children are ‘stuck’ in acute settings because there are no appropriate discharge plans for those children. There is also great need for multicultural and disparities research as well as a need for research around individuals with co-occurring disorders, transition youth, and deaf and hard of hearing individuals. Children with autism spectrum disorders and severe behavior problems need more attention as well. The strategic plan will integrate funding and services so that the mental health system in the state will be less fragmented.
Massachusetts actually has made some recent progress in meeting the needs of children with mental health issues. A bond authorization passed in 2007 for the construction of a new psychiatric facility that will provide 30 adolescent beds for youth who need continuing care and another 30 beds for adolescents who need intensive residential treatment. This facility will be located in central Massachusetts at a cost of $250 million dollars. Ten new beds will be available in the western part of the state as well. Massachusetts has reduced the use of seclusion and restraint statewide and expanded services for 16 to 25 year olds. A cultural competence action plan has been completed. Finally psychiatric consultation is now available for 78% of the pediatric practices in the state.
MCAS Reform Efforts
There is an effort in the state to revise the Massachusetts Comprehensive Assessment System (MCAS). Although MCAS has played an important role in improving schools and has been a useful evaluation tool, the aspect of the legislation that required a minimum passing score for students to graduate from high school has been problematic. Data indicates that that MCAS has inflated drop out rates and resulted in a lower graduation rate, has narrowed the curricula, and has increased pressures in schools. A group of organizations and individuals in the state, including MSPA, are supporting the MCAS Reform Bill-H.561. The MCAS Reform Bill would require the board of education to develop a multiple assessment system to determine student competence, allow students to offset MCAS scores with other measures of performance and stop the denial of a diploma for failing to obtain a passing score on MCAS until new graduation requirements have been determined.
Model Licensure Act (MLA)
APA is proposing to eliminate the school psychology exemption in its revised Model Licensure Act (MLA). The MLA has been used in the past by many state legislatures to make decisions about laws governing licensing and credentialing psychologist at the state level. A long-standing provision in the MLA has provided an exemption for school psychologists who are appropriately credentialed by their state board of education to hold the title “school psychologist” and to practice independently in school settings. Its removal could negatively impact practice for all school psychologists if states revise their laws in accordance with the MLA.
NASP is urging us to take action to protect the future of school psychological practice and services to children, families and schools by contacting the APA Model Licensure Act Task Force regarding proposed revisions to their Model Licensure Act. Tell APA to reinstate the 30-year exemption for school psychologists! APA is seeking input on the MLA through a 90-day public comment period, which runs through November 1st. NASP has posted ready-to-send letters on its website.
Governor's Strategies for Education Reform
Governor Patrick has called for action to transform education in the state of Massachusetts. After 15 years of effort there remains a discrepancy between African American and Latino students when compared to the achievement of white and Asian students. Governor Deval would like to see data and reporting systems developed to facilitate collaboration between schools and community agencies. His action agenda calls for reductions in class size K-2, drop out prevention, universal pre-kindergarten and general changes in educational funding to support his early education vision.
Fact Sheet for Early Education and Care Act
On July 10, 2008 the Massachusetts Senate voted unanimously to adopt An Act Relative to Early Education and Care. This legislation formally establishes the Universal Pre-Kindergarten (UPK) Program in Massachusetts. In addition, this landmark bill directs the Department of Early Education and Care to develop a state policy on kindergarten transition and create recommendations for the programmatic, financing and phase- in options for the program's development and implementation. The bill also creates a state advisory council on early education that will work to establish formal quality and performance standards to allow for continuous program improvement. An Act Relative to Early Education and Care will ultimately go before Governor Deval Patrick for his consideration.
Children's Law Center
Founded in 1977, The Children's Law Center Of Massachusetts is a private, non-profit, legal advocacy and resource center providing direct representation to low income children in Eastern Massachusetts, and technical assistance and training to lay and professional communities throughout New England on issues affecting children's education, civil rights, custody, health and welfare.
Important changes to DSS and 51A
In July, Governor Patrick signed a new law, An Act Protecting Children in the Commonwealth (H4905). This Act provides significant changes to the child abuse and prevention law in Massachusetts (51A). The Department of Social Services will now be called the Department of Children and Families. A newly appointed ‘Child Advocate’ in the Governor’s Office will be available to investigate serious incidents. Three or more reports of suspected abuse of a child will now trigger a special review by a state board. Results of the review will be submitted to local prosecutors and police. A central registry of information that will identify children whose names are reported under the 561A provision will be kept for one year after termination of services or until the child is 18 years of age. The penalties for failure of mandated reporters to report suspected abuse have been increased. Teachers, school psychologists and medical personnel are mandated reporters.
