DAR File No. 43728

Education, Administration

Rule R277-462

Comprehensive Counseling and Guidance Program

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 43728
Filed: 05/21/2019 11:43:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These changes to Rule R277-462 are required due to the passage of H.B. 81 from the 2019 General Session.

Summary of the rule or change:

Utah State Board of Education (Board) Rule R277-462 has been amended to provide more clarity regarding existing program approval requirements. These amendments include incorporating by reference the State Board of Education's School Counseling, Model Program.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-2-304(2)(b)
• Subsection 53E-3-401(4)

This rule or change incorporates by reference the following material:

• Updates College and Career Readiness School Counseling Model, published by Utah State Board of Education, 01/11/2017

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government's revenues or expenditures. This rule contains standards and procedures for a local education agencies (LEA) applying for funds appropriated for the School Counseling Program; outlines counselor to student ratios; and contains provisions for a LEA not meeting the minimum school counselor to student ratio. This rule is amended due to passage of H.B. 81 (2019). The School Counseling Program is funded through a state appropriation and the amended provisions do not contain substantive changes, and thus this rule change will not have a fiscal impact.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule contains standards and procedures for an LEA applying for funds appropriated for the School Counseling Program; outlines counselor to student ratios; and contains provisions for a LEA not meeting the minimum school counselor to student ratio. This rule is amended due to passage of H.B. 81 (2019). The School Counseling Program is funded through a state appropriation and the amended provisions do not contain substantive changes, and thus this rule change will not have a fiscal impact.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule is for the School Counseling Program, and thus does not apply to small businesses.

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

These rule changes are not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is for the School Counseling Program, and thus does not apply to other individuals.

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:

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

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 systemic way;

(2) individual student planning which means individualized education and career planning, including student 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 LEA policy.

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

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 and information to students to make appropriate educational and career choices.

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

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

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 7-12) 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.

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.

L. "USOE" means the Utah State Office of Education.

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

N. "WPU" means weighted pupil unit, the basic unit used to calculate the amount of state funds for which an 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 Subsection 53E-2-304(2)(b) which directs local boards to develop policies for the implementation of student SEOP/Plan for College and Career Readiness, and by Subsection 53E-3-401(4), 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 LEAs not meeting the minimum counselor to student ratios.

E. This rule directs that LEA and building level policies and practices shall free licensed school counselors for appropriate identified activities with secondary students.

 

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 Sub53E-2-304(2)(b), local board or charter school governing board policies, and the school improvement plans developed for AdvancED Accreditation and required under Section 53G-7-1204.

(2) Consistent with the Utah Model for Comprehensive Counseling and Guidance: K-12 Programs, the USOE shall designate to each LEA secondary school, that has a USOE-approved school counseling program, a WPU base for the first 400 students as determined by the October 1 enrollment of the previous fiscal year. 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 priority for funding to grades nine through twelve for career and technical education programs including the Comprehensive Counseling and Guidance Program and any remaining funds to grades seven and eight for the schools which meet Comprehensive Counseling and Guidance Program standards. The USOE shall distribute funds directed to grades seven and eight according to the formula under R277-462-3A(2) following the distribution of funds for grades nine through twelve.

(4) The USOE shall integrate the LEA Comprehensive Counseling and Guidance Program into the mission of the schools consistently with the AdvancED Accreditation process as defined in R277-410, Accreditation of 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 LEA's authorizing agency during the interim review process. The USOE shall schedule the on-site review process for secondary schools as defined in R277-410 which shall take place at a minimum every six years with three year interim reviews, in a format determined by the 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 negotiate that payment.

(7) The USOE shall distribute Comprehensive Counseling and Guidance Program funds to 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 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 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 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 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. Secondary schools that receive Comprehensive Counseling and Guidance funds shall complete a written SEOP/Plan for College and Career Readiness for all students.

B. Parents/guardians shall sign plans.

C. Students shall complete four year plans at the beginning of their seventh grade year.

D. Students' schools shall maintain plans.

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

F. Schools shall implement students' SEOP/Plan for College and Career Readiness process consistent with the policies and goals of the 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 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 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. June 1 annually, 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. 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, following notice to LEAs.

 

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

A. 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 funds for students in grades 7-12.

C. LEAs may use funds to provide a school guidance curriculum.

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

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

F. LEAs may use funds 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 funds for professional development for personnel involved in the Comprehensive Counseling and Guidance Program.

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

I. LEAs may use funds for classroom guidance curriculum materials.

J. LEAs may use funds to pay for at least one secondary school counselor, per school, per year 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 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. 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 LEAs regarding the number and assignments of school counselors.

(2) The USOE shall use the data to determine 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. 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.]

R277-462. School Counseling Program.

R277-462-1. 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) 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; and

(c) Subsection 53E-2-304(2)(b) which directs local boards to develop policies for the implementation of student Plan for College and Career Readiness.

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

(a) standards and procedures for an LEA applying for funds appropriated for the School Counseling Program;

(b) the minimum counselor to student ratios within an LEA; and

(c) provisions for an LEA not meeting the minimum counselor to student ratios;

 

R277-462-2. Definitions.

(1) "LEA" means, for purposes of this rule, an LEA that serves students any of in grades 7-12.

(2) "Program" means an LEA's school counseling program that shall be consistent with the program model described in Section R277-462-3.

(3) "School Counselor" means an educator licensed as a school counselor consistent with R277-506 and assigned to provide direct and indirect services to students consistent with the program.

(4) "Student" means, for purposes of this rule, only students in grades 7-12.

 

R277-462-3. Incorporation of College and Career Readiness School Counseling Program Model.

(1) This rule incorporates by reference the College and Career Readiness School Counseling Model Second Edition, 2016.

(2) A copy of the current College and Career Readiness School Counseling Program Model is located at:

(a) https://schools.utah.gov/file/5ff1f145-c2c4-4fe5-b8bc-61c744a27f51

(b) the Utah State Board of Education -- 250 East 500 South, Salt Lake City, Utah 84111.

 

R277-462-4. School Counseling Program Approval and Qualifying Criteria.

(1) To qualify for a funding distribution outlined in subsection (2), an LEA shall:

(a) have a plan for college and career readiness consistent with Section 53E-2-304 and R277-462-5;

(b) have an approved student success framework described in Section 53G-7-1304;

(c) participate in an on-site program review conducted by the Superintendent which shall:

(i) at least once every six years, be conducted with an LEA's accreditation review described in R277-410; and

(ii) assess the following components of the program:

(A) collaborative classroom instruction;

(B) implementation of the plan for college and career readiness;

(C) program contribution to achieving the student success framework;

(D) systemic dropout prevention; and

(E) overall administration of the program.

(d) at least once every three years conduct an internal on-site review consistent with elements of the on-site review conducted by the Superintendent;

(e) ensure school's program is self-evaluated annually;

(f) participate in statewide trainings provided by the Superintendent;

(g) provide adequate resources and program management to each program within the LEA;

(h) conduct a program needs assessment with relevant stakeholders at least once every three years including school-based data projects demonstrating program or intervention effectiveness;

(i) provide evidence of LEA governing board approval of the program;

(j) demonstrate parental involvement in the program including advisory committee participation;

(k) integrate collaborative classroom instruction consistent with student success framework and standards identified by the program model;

(l) maintain the required school counselor to student ratio described in Section R277-462-6;

(m) design a program that includes the needs of diverse students; and

(n) provide assistance for students in career literacy and future decision-making skills.

(2) An LEA that meets the requirements in subsection (1) may receive a funding distribution as follows:

(a) a WPU base for the first 400 students; and

(b) a per student distribution for each additional student beyond 400 students, up to 1200 students.

(3) An LEA shall use the October 1 enrollment count of the previous fiscal year when determining the distribution amount to request.

 

R277-462-5. Plan for College and Career Readiness.

(1) To qualify for funding described in Section R277-462-4 an LEA shall ensure each student within the LEA has a plan for college and career readiness.

(2) A student, student's parent, and school counselor shall collaboratively develop the student's plan for college and career readiness.

(3) A plan for college and career readiness shall:

(a) be a four-year plan and completed either:

(i) initiated at the beginning of a student's seventh grade year; or

(ii) within the first year the student is enrolled in grades 7-12;

(b) include parents in the individual planning meetings with a student;

(c) be maintained by the counseling department in each school;

(d) follow a student as the student progresses through each grade; and

(e) when applicable, transfer with a student between LEAs.

(4) An LEA shall ensure that a student's course registration and class schedule is consistent with the student's plan for college and career readiness.

(5) An LEA shall require all schools with the LEA to document parental involvement and participation in a student's planning meetings.

(5) An LEA shall ensure the implementation for a plan for college and career readiness in consistent with the LEA's program goals and includes the following conference meetings:

(a) at least one individual and one group conference meeting with a parent, school counselor and student during the student's:

(i) grades 7 and 8;

(ii) grades 9 and 10; and

(iii) grades 11 and 12.

(b) other meetings as needed.

 

R277-462-6. School Counselor to Student Ratios.

(1) To qualify for funding described in Section R277-462-4 an LEA shall have at least one school counselor for every 350 students.

(2) For purposes of counting toward fulfillment of this ratio, a school counselor shall be:

(a) a full-time equivalent within an LEA; and

(b) Board certified and licensed.

(3) An LEA may be considered compliant with subsection (1) if less than .25 school counselors would be needed for the LEA to meet the required ratio.

(4) No later than October 1 of each year an LEA shall certify to the Superintendent the school counselor to student ratio.

(5) No later than June 1 from submitting the LEA's certified ratio, an LEA that does not meet the required ratio in subsection (1) shall submit to the Board a plan outlining a reasonable timeline and method for achieving compliance.

(6) If an LEA fails to fulfill the plan described in subsection (5), the LEA may be placed on a corrective action plan described in R277-114.

(7) If an LEA fails to complete the corrective action plan described in subsection (6), the LEA shall be referred to the Board for further corrective action including loss of distributed funds.

 

R277-462-7. Allowable Use of Distributed Funds.

(1) An LEA shall ensure all funds distributed are used for any of the following purposes:

(a) a school collaborative classroom curriculum;

(b) personnel costs including clerical positions that support the plan for college and career readiness process;

(c) career center equipment or materials such as computers, media equipment, computer software, or occupational information;

(d) professional development for personnel involved in the program;

(e) expenses of extended hours which are required to run the program; and

(f) membership in the American School Counselor Association (ASCA) for one or more school counselors per school per year.

(2) An LEA may not use funds to supplant currently existing personnel or programs.

 

R277-462-8. Variances, Accountability, and Reporting.

(1) A new LEA or existing LEA with a new program, may receive funding under R277-462 if the new LEA:

(a) has received accreditation pursuant to R277-410; and

(b) has an approved program pursuant to R277-462.

(2) A new LEA or existing LEA with a new program, that does not meet the school counselor to student ratio described in Section R277-462-6 may receive a funding distribution after two years of planning, training and program implementation.

(3) No later than October 1, an LEA shall certify annually all previously qualified schools continue to meet the program criteria.

(4) An LEA shall provide data and information about the LEA's program as requested by the Superintendent.

 

KEY: public education, counselors

Date of Enactment or Last Substantive Amendment: [August 7, 2014]2019

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-2-304(2)(b); 53E-3-401(4)