DAR File No. 42923

Education, Administration

Rule R277-461

Elementary School Counselor Grant Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 42923
Filed: 05/15/2018 03:43:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2018 General Session, the Legislature passed H.B. 264, Elementary School Counselor Program (Program). This proposed rule establishes the Program in rule.

Summary of the rule or change:

The Legislature passed H.B. 264 (2018). This new statute requires the Utah State Board of Education (Board) to make rules to implement the Program, including providing an application procedure, establishing criteria and procedures for awarding grants, and detailing requirements for grant recipients.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53-3-401(4)
• Section 53F-5-209

Anticipated cost or savings to:

the state budget:

This proposed rule will have a fiscal impact on local education agencies (LEAs) as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds.

local governments:

This proposed rule will have a fiscal impact on LEAs as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds.

small businesses:

This proposed rule is not estimated to have fiscal impact on small businesses' revenues or expenditures because it deals with the Program which is funded by state appropriations and a match from LEAs so it does not require any expenditures of or generate any revenues for small businesses.

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

This proposed rule is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it deals with the Program which is funded by state appropriations and a match from LEAs, so it does not require any expenditures of or generate any revenues for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

This proposed Rule R277-461 will have a fiscal impact on LEAs, but not on large or small businesses. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Elementary School Counselor Grant Program which is funded by state appropriations and a match from LEAs so it does not require any expenditures of or generate any revenues for large businesses. This rule will have a fiscal impact on LEAs as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@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:

07/02/2018

This rule may become effective on:

07/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed new Rule R277-461 will have a fiscal impact on local education agencies (LEAs), but not on large or small businesses. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Elementary School Counselor Grant Program (Program) which is funded by state appropriations and a match from LEAs so it does not require any expenditures of or generate any revenues for large businesses.

 

In the 2018 General Session, the Legislature passed H.B. 264. This new statute requires the Utah State Board of Education to make rules to implement the Program, including providing an application procedure, establishing criteria and procedures for awarding grants, and detailing requirements for grant recipients. This proposed rule establishes the Program in rule. This proposed rule will have a fiscal impact on LEAs as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-461. Elementary School Counselor Grant Program.

R277-461-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Section 53F-5-209, which directs the Board to make rules to administer the Elementary School Counselor Grant Program; and

(c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to provide:

(a) an application procedure;

(b) criteria and procedures for awarding grants; and

(c) requirements for grant recipients.

 

R277-461-2. Definitions.

(1) "Grant" means funding awarded by the Board to an LEA to hire qualifying personnel for purposes of supporting school-based mental health, in accordance with Section 53F-5-209.

(2) "Qualifying personnel" means:

(a) a school counselor or school social worker, as defined in Section 53F-5-209(1)(e); or

(b) a Board-licensed school psychologist who is assigned to a school and funded by grant funds to carry out work described in Subsection 53F-5-209(1)(e)(ii).

 

R277-461-3. Grant Applications.

(1) The Superintendent shall develop and make available a grant application for LEAs, consistent with the requirements in Subsection 53F-5-209(4)(a).

(2) The grant application shall require the LEA to report how it intends to provide the matching funds required in Subsection 53F-5-209(4)(b), including the source of funding the LEA intends to use.

(3) For each grant cycle that the Superintendent is authorized to solicit grant applications, the Superintendent shall publish a timeline on the Board's website by March 30, including a date for the application release, and due dates for an LEA to submit required materials.

 

R277-461-4. Procedures and Criteria for Awarding a Grant.

(1) An LEA applying for a grant shall commit to establishing, at a minimum, a 3-year plan and program for using the grant funds.

(2) In accordance with Subsection 53F-5-209(3), the Superintendent shall prioritize LEA applications that propose to target funds as outlined in statute.

(3) For purposes of prioritizing grants under this Rule, the Superintendent shall examine behaviors and indicators in schools for childhood trauma, including:

(a) office referrals or discipline reports;

(b) absenteeism;

(c) free or reduced-price lunch;

(d) homelessness;

(e) school-reported referrals to the Utah Division of Child and Family Services (DCFS);

(f) foster care;

(g) intergenerational poverty; and

(h) grade 3 reading proficiency.

 

R277-461-5. Grant Recipient Requirements, Accountability, and Reporting.

(1) A grant recipient shall engage in systemic leadership and planning to align efforts in supporting school improvement and school-based mental health, based on the Utah School Counseling Program Model.

(2) Grant funds may only be used to pay for salaries and benefits for qualified personnel.

(3) A full-time equivalent (FTE) position who is a qualifying personnel funded by grant funds may not be assigned to more than two schools.

(4) Qualifying personnel funded by these grant funds shall:

(a) implement a systemic school-based mental health program;

(b) participate in USBE trainings;

(c) participate in quarterly collaboration meetings with USBE;

(d) in accordance with Subsection 53F-5-209(8), participate in trauma-informed modules; and

(e) implement data projects.

(5) A data project is a process in which qualifying personnel and others:

(a) identify a school's needs based on analysis of school data;

(b) establish one or more interventions to address the needs or problems identified from the data;

(c) design and implement, through a systemic approach, the intervention; and

(d) examine and evaluate the effectiveness of the intervention, based on the school data.

(6) The Superintendent shall establish a process and accompanying forms for grant recipients to document grant requirements, which may include an initial implementation report and a year-end accountability report.

(7) A grant recipient shall report its findings and outcomes from a data project to:

(a) the school personnel;

(b) the local school board or charter governing board; and

(c) the Superintendent.

(8)(a) If a grant recipient plans to discontinue its program for any reason at any time in the three-year period, the grant recipient shall notify the Superintendent, or the Superintendent's designee, in writing.

(b) The written notification shall include a detailed explanation of why the grant recipient is discontinuing the program before the end of its three-year commitment.

 

KEY: grant program, school counselor, mental health, trauma-informed practice

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-401