DAR File No. 38621

Education, Administration

Rule R277-462

Comprehensive Counseling and Guidance Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 38621
Filed: 06/16/2014 04:05:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-462 is amended to provide necessary program changes, new accreditation standards, legislative action, and funding changes.

Summary of the rule or change:

Amendments include: 1) updates in terminology of AdvancEd Accreditation from Northwest Accreditation; 2) adding key phrase of "college and career ready dropout prevention"; 3) updates on Comprehensive Counseling and Guidance Program on-site review process; 4) updates on funding and funding formula; 5) deadlines for LEAs on ratio reports; and 6) plan for College and Career Ready (individual planning) outline.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-462 provide changes in terminology, grammatical changes, and more specific direction for students/parents/counselor meetings, and that a minimal amount of comprehensive guidance funding may be used for statewide coordination and monitoring of comprehensive guidance programs, which likely will not result in a cost or savings to state government.

local governments:

The amendments to Rule R277-462 provide grammatical and terminology changes and more specific monitoring information to local education agencies (LEAs) that receive comprehensive guidance funds which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-462 provide grammatical and terminology changes and more specific monitoring information to LEAs that receive comprehensive guidance funds which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The amendments to Rule R277-462 provide grammatical and terminology changes and more specific monitoring information to LEAs that receive comprehensive guidance funds. Individuals are not charged for the comprehensive guidance program or service.

Compliance costs for affected persons:

The amendments to Rule R277-462 provide grammatical and terminology changes and more specific monitoring information to LEAs that receive comprehensive guidance funds which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2014

This rule may become effective on:

08/07/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-462. Comprehensive Counseling and Guidance Program.

R277-462-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Comprehensive Counseling and Guidance Program" or "Program" means the organization of resources to meet the priority needs of students and inform and involve parents or guardians through four delivery system components:

(1) school guidance curriculum which means providing guidance content to all students in a system[at]ic way;

(2) individual student planning which means individualized education and career planning, including student [educational and occupational]college and career planning with all students;

(3) responsive services and dropout prevention component designed to meet the immediate concerns of certain students; and

(4) system support component which addresses management of the Program and the needs of the school system itself.

C. "Comprehensive Counseling and Guidance Steering and Advisory Committee" means representatives designated by the USOE comprised of school district counseling supervisors, school district career and technical education directors, PTA, the school counselor professional association, practicing school counselors, and others designated by the USOE.

D. "Counselor to student ratio" means licensed school counselors full time equivalent (FTE), or percentage thereof, who by license and assignment are identified as school counselors for secondary students on October 1 of each year compared to the secondary student enrollment on October 1 of each year.

E. "Direct services" means time spent on the school guidance curriculum, individual student planning, including SEOP/Plan for College and Career Readiness, and responsive services/dropout prevention activities meeting students' identified needs as discerned by students, school personnel and parents or guardians consistent with [school district and charter school]LEA policy.

F. "LEA" means a local education agency, including local school boards/public school districts and charter schools.

[F]G. "School counselor" means an educator licensed as a school counselor in the state of Utah consistent with R277-506 and assigned to provide counseling [services]and information to students to make appropriate educational and career choices.

[G]H. "Secondary school" means a school providing services to students in grades 7-12.

[H]I. "Secondary student" means a student in grades 7-12.

[I]J. "SEOP/Plan for College and Career Readiness" means a student education occupation plan. An SEOP/Plan for College and Career Readiness is a developmentally organized intervention process that includes:

(1) a written plan, updated annually, for a secondary student's (grades [9]7-12[, at a minimum]) education and occupational preparation;

(2) all Board, local board and local charter board graduation requirements;

(3) evidence of parent or guardian, student, and school representative involvement annually;

(4) attainment of approved workplace skill competencies, including job placement when appropriate; and

(5) identification of post secondary goals and approved sequence of courses.

[J]K. "Student achievement" means academic performance, career development, multi cultural/global citizenship, personal/social development, continued student engagement in learning, attendance, SEOP/Plan for College and Career Readiness outcomes and other measures of adequate yearly progress.

[K]L. "USOE" means the Utah State Office of Education.

[L]M. "Utah Career and Technical Education Consortium" means representatives of nine Career and Technical Education Regional Planning Areas.

[M]N. "WPU" means weighted pupil unit, the basic unit used to calculate the amount of state funds for which an [school district or charter school]LEA is eligible.

 

R277-462-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1a-106(2)(b) which directs local boards to develop policies for the implementation of student[ education plans (SEP) or] SEOP[s]/Plan for College and Career Readiness, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. This rule establishes standards and procedures for entities applying for funds appropriated for Comprehensive Counseling and Guidance Programs administered by the Board.

C. This rule establishes counselor to student ratios as a requirement for all secondary schools.

D. This rule establishes provisions for [school districts and charter schools]LEAs not meeting the minimum counselor to student ratios.

E. This rule directs that [local school district, charter school]LEA and building level policies and practices shall free licensed school counselors for appropriate identified activities with secondary students.[  School counselors shall not devote significant time to non-school counseling activities, including test coordination and assessment and other activities inconsistent with the Program.]

 

R277-462-3. Comprehensive Counseling and Guidance Program Approval and Qualifying Criteria.

A. Comprehensive Counseling and Guidance disbursement criteria:

(1) In order to qualify for Comprehensive Counseling and Guidance Program funds, secondary schools shall implement SEOP/Plan for College and Career Readiness policies and practices, consistent with Section 53A-1a-106(2)(b), local board or charter school governing board policies, and the school improvement plans developed for [Northwest]AdvancED Accreditation and required under Section 53A-1a-108.5.

(2) Consistent with the Utah Model for Comprehensive Counseling and Guidance: K-12 Programs, the USOE shall designate to each [school district and charter school]LEA secondary school, [which]that has a USOE-approved school counseling program[ shall receive], a WPU base for the first 400 students as determined by the October 1 enrollment of the previous fiscal year[, and]. The USOE shall also designate a per student allotment, as funds are available, for each additional student beyond 400, capping at a maximum 1200 students , if the local Program maintains Program criteria and ratios required in R277-462-5.

(3) The USOE shall give [P]priority for funding[ shall be given] to grades nine through twelve for career and technical education programs including the Comprehensive Counseling and Guidance Program and any remaining funds[ shall be allocated] to grades seven and eight for the schools which meet Comprehensive Counseling and Guidance Program standards. The USOE shall distribute [F]funds directed to grades seven and eight[ shall be distributed] according to the formula under R277-462-3A(2) following the distribution of funds for grades nine through twelve.

(4) The [charter school or school district]USOE shall integrate the LEA Comprehensive Counseling and Guidance Program [shall be integrated ]into the mission of the schools [and be ]consistently with the [Northwest]AdvancED Accreditation process as defined in R277-41[3]0, Accreditation of [Secondary Schools, Alternative or Special Purpose ]Schools. School counselors shall provide evidence that the Comprehensive Counseling and Guidance Program contributes to student achievement included in the local school improvement plan.

(5) Secondary schools shall qualify for Comprehensive Counseling and Guidance Program funds through participation in a regular schedule of on-site reviews by the USOE Comprehensive Counseling and Guidance Program specialist in the formal process and team members determined by the [school district or the charter school]LEA's authorizing agency during the interim review process. The USOE shall [Scheduling of]schedule the on-site review process[ shall be coordinated with the Northwest Accreditation process] for secondary schools as defined in R277-41[3]0 [and]which shall[, at a minimum,] take place at a minimum every six years with three year interim reviews, in a format determined by the [school district or charter school]LEA authorizing agency. Successful on-site reviews of the Comprehensive Counseling and Guidance Program shall indicate a balance of activities consistent with Program models and goals in individual student planning, guidance curriculum, responsive services and system support.

(6) If a charter school requires assistance from a school district in conducting the charter school's on-site review, the charter school shall [compensate the school district in a reasonable amount agreed upon between the school district and the charter school]negotiate that payment.

[(7) Consistent with Section 53A-17a-113(5), of the monies allocated to Comprehensive Counseling and Guidance Programs, $1,000,000 in grants shall be awarded to school districts and charter schools that:

(a) provide an equal amount of matching funds; and

(b) do not supplant other funds used for Comprehensive Counseling and Guidance Programs.]

([8]7)The USOE shall distribute Comprehensive Counseling and Guidance Program funds[ shall be distributed] to [school districts and charter schools]LEAs for secondary schools that have completed a regular schedule of on-site reviews and that meet all of the following criteria:

(a) Approval of the Comprehensive Counseling and Guidance Program by the local board of education or charter school governing board and on-going communication with the local or governing board regarding Program goals and outcomes supported by data;

(b) Regular participation of guidance team members in USOE sponsored Comprehensive Counseling and Guidance training;

(c) Adequate resources and support for guidance facilities, material, equipment, clerical support, and school improvement processes;

(d) Evidence that eighty-five percent of aggregate counselors' time is devoted to DIRECT service to students through a balanced program of individual planning, school guidance curriculum, and responsive services consistent with the results of the school needs data;

(e) Communication, collaboration, and coordination within the feeder system regarding the Comprehensive Counseling and Guidance Program;

(f) School-wide student/parent/teacher needs assessment data for the Comprehensive Counseling and Guidance Program gathered and analyzed at least every three years;

(g) Structures and processes to ensure effective Program management including advisory/steering committees functioning effectively, school counselors working as Program leaders, and the Comprehensive Counseling and Guidance Program contributing to school improvement teams;

(h) Available responsive services to address the immediate concerns and identified needs of students through an education-oriented and programmatic approach; services should compliment and coordinate with existing school programs, families, and school and community resources;

(i) Delivery to students of a developmental and sequential school guidance curriculum in harmony with content standards identified in the Utah model for the Comprehensive Counseling and Guidance Program. A school/LEA shall set priorities for Guidance curriculum [is prioritized according to]consistent with the results of the school needs assessment process;

(j) Assistance for students in career development, including awareness and exploration, job seeking and finding skills, and post high school placement;

(k) Facilitation by school counselors of [Student Education Occupation Planning (]SEOP[)]/Plan for College and Career Readiness, both as a process and a product;

(l) Involvement of parents/guardians in all available Comprehensive Counseling and Guidance Program steering/advisory committees; and

(m) Program elements that are designed to recognize and address the needs of diverse students.

B. All [school districts and local charter]LEA governing boards that receive Comprehensive Counseling and Guidance Program funds shall provide written certification that all Program standards are met by each school consistent with USOE cycles[ ,] and using USOE forms.

(1)  All [schools and charter schools]LEAs receiving Comprehensive Counseling and Guidance Program funds shall provide school-based data projects demonstrating program or intervention effectiveness as required by the USOE.

(2) School counselors shall not devote significant time to non-school counseling activities, including test coordination and assessment, and other activities inconsistent with the Program.

 

R277-462-4. Student Education Occupation Planning in a Plan for College and Career Readiness.

A. [School district and charter school s]Secondary schools that receive Comprehensive Counseling and Guidance funds shall complete a written SEOP[s]/Plan for College and Career Readiness for all students.

B. Parents/guardians shall sign [P]plans[ shall be signed by parents/guardians].

C. Students shall complete [F]four year plans [shall be completed for students prior to]at the beginning of their [ninth]seventh grade year[s].

D. Students' schools shall maintain [P]plans[ shall be maintained by the student's school].

E. Students' course registration and class changes shall be consistent with their written SEOP[s]/Plan for College and Career Readiness.

F. Schools shall implement students' [The]SEOP/Plan for College and Career Readiness process[ shall be carried out] consistent with the policies and goals of the [school districts' or charter schools]LEAs' Comprehensive Counseling and Guidance Program models.  The student, student's parent/guardian and school personnel shall cooperatively develop the SEOP/Plan for College and Career Readiness during the first two years in which the student is enrolled in grades 7-12 in the LEA. The implementation for the SEOP/Plan for College and Career Readiness shall include the following conferences:

(1) 7th and 8th grades: minimally one individual and one group conference during the two years;

(2) 9th and 10th grades: minimally one individual conference and one group conference during the two years;

(3) 11th and 12th grades: minimally one individual conference and one group conference during the two years; and

(4) other meetings, as necessary.

 

R277-462-5. School Counselor to Student Ratios.

A. All [school districts and charter schools]LEAs shall certify to the USOE by October 1 annually:

(1) the full time equivalent licensed school counselors employed and assigned to each school;

(2) that secondary school counselor to secondary student ratios at the [school district or charter school]LEA level are one (counselor) to 350 (students) or better; and

(3) that variations requiring less than a .25 full time equivalent licensed school counselor shall be permitted at the school level.

B. [May]June 1 annually, [school districts and charter schools]LEAs not meeting the ratio required under R277-462-5A(2), shall submit to the Board a plan to be approved for meeting established ratios in a reasonable time frame to continue to receive Comprehensive Counseling and Guidance Program and Minimum School Program funding.

C. [School districts and charter schools]LEAs that do not satisfy required counselor to student ratios shall receive reasonable notice and reasonable time periods and opportunities to explain and remedy the failure to comply.

D. As additional funds for Comprehensive Counseling and Guidance Programs become available, the Board may require LEAs to have lower counselor to student ratios[ may be required following Board approval and adequate], following notice to [schools districts and charter schools]LEAs.

 

R277-462-6. Use of Comprehensive Counseling and Guidance Program Funds.

A. [School districts and charter schools]LEAs shall satisfy all provisions of R277-462 including established counselor to student ratios, in order to receive Comprehensive Counseling and Guidance Program funds.

B. LEAs shall use [F]funds [shall be used ]for students in grades 7-12.

C. LEAs may use [F]funds [may be used ]to provide a school guidance curriculum.

D. LEAs may use [F]funds [may be used ]to provide student activities that support the SEOP/Plan for College and Career Readiness process.

E. LEAs may use [F]funds [may be used ]for personnel costs including clerical positions that support the SEOP/Plan for College and Career Readiness process.

F. LEAs may use [F]funds [may be used ]for Career Center equipment or materials such as computers, media equipment, computer software, occupational information, SEOP/Plan for College and Career Readiness folders or educational information.

G. LEAs may use [F]funds [may be used ]for professional development for personnel involved in the Comprehensive Counseling and Guidance Program.

H. LEAs may use [F]funds [may be used ]for the expenses of extended days or years which are required to run the Program.

I. LEAs may use [F]funds [may be used ]for classroom guidance curriculum materials[ for use in classrooms].

J. LEAs may use [F]funds [may be used at a minimum]to pay for at least one secondary school counselor, per school, per year [to pay ]for membership in the American School Counselor Association (ASCA) to facilitate accessing research and resources for effective Program implementation and effective student interventions and outcomes.

K. LEAs shall not use funds to supplant current or existing personnel or programs.

L. The USOE may use no more than two percent of the total Comprehensive Counseling and Guidance Program funding to provide SEOP/Plan for College and Career Readiness development and Program management.

 

R277-462-7. Variances, Accountability and Reporting.

A. New schools that are created from schools that have [Northwest]AdvancED accreditation and USOE Comprehensive Counseling and Guidance Program approval may qualify for Comprehensive Counseling and Guidance Program funding under this rule in the schools' first year of operation.

B. [Charter schools and other new school district]New LEA schools not meeting the requirements of R277-462-5A may receive Comprehensive Counseling and Guidance Program funding following two years of planning, training and Program implementation.

C. USOE Data Gathering

(1) The USOE shall gather data annually in October from [school districts and charter schools]LEAs regarding the number and assignments of school counselors.

(2) The USOE shall use [T]the data [shall be used ]to determine [secondary school district and charter school]LEA compliance with this rule, including required ratios.

D. The USOE shall monitor the Program statewide and prepare an annual report for the Legislature and the Board including data and compliance information.

E. [School districts or charter schools]LEAs shall certify on an annual basis that previously qualified schools continue to meet the Program criteria and provide the USOE with data and information on the Program upon request.

 

KEY: public education, counselors

Date of Enactment or Last Substantive Amendment: [May 8, 2009]2014

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-201; 53A-17a-131.8