DAR File No. 44067

Education, Administration

Rule R277-464

School Counselor Direct and Indirect Services

Notice of Proposed Rule

(New Rule)

DAR File No.: 44067
Filed: 09/13/2019 04:45:45 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Proposed Rule R277-464 is being enacted in response to H.B. 81, School Counselor Services, passed in the 2019 General Session, which requires the Utah State Board of Education (Board) to adopt rules regarding certain services provided by school counselors and prohibiting school counselors from performing certain activities.

Summary of the rule or change:

Rule R277-464 establishes standards and time limits for direct and indirect services, and includes a list of inappropriate activities provided by a counselor within a local education agency (LEA).

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-518
• Article X Section 3
• Subsection 53E-3-401(4)

This rule or change incorporates by reference the following material:

• Adds School Counselor Services, published by Utah State Board of Education, 09/05/2019

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact on state government revenues or expenditures. This rule is being proposed to reflect H.B. 81 (2019). This bill directs the Board to adopt rules regarding certain services provided by school counselors, and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors and thus will not have a fiscal impact.

local governments:

This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. H.B. 81 (2019) directs the Board to adopt rules regarding certain services provided by school counselors and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors. This rule does specify that LEAs should ensure that school counselors devote 85 percent of their time to direct services and no more than 15 percent to indirect services. However, as per Board Rule R277-462, approved school counseling programs are required to implement the Utah College and Career Readiness School Counseling Model Second Edition, 2016, which has this 85/15 use of time by school counselors already delineated and thus this rule will not have an independent fiscal impact.

small businesses:

This rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about school counselors and thus does not apply to small businesses.

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

This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. H.B. 81 directs the Board to adopt rules regarding certain services provided by school counselors, and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors and thus will not have a fiscal impact.

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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule has no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. 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:

10/31/2019

This rule may become effective on:

11/07/2019

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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue 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.

R277-464. School Counselor Direct and Indirect Services.

R277-464-1. 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-3-518, which directs the Board to make rules specifying:

(i) the recommended direct and indirect services a school counselor may provide;

(ii) the recommended amount of time a school counselor may spend on direct and indirect services; and

(iii) activities for a school counselor.

(2) The purpose of this rule is to establish standards and time limits for direct and indirect services provided by a counselor within an LEA.

 

R277-464-2. Definitions.

(1) "Direct services" means services provided to a student consistent with the School Counselor Services document incorporated by reference in Section R277-464-3.

(2) "Indirect services" means all other services consistent with the School Counselor Services document incorporated by reference in Section R277-464-3.

(3) "Non-school counselor activities" means activities inconsistent with direct and indirect services and deemed inappropriate consistent with the School Counselor Services document incorporated by reference in Section R277-464-3.

(4) "School counselor" means the same as the term is defined in Subsection R277-462-2(3).

 

R277-464-3. Incorporation of School Counselor Services Document.

(1) This rule incorporates by reference the School Counselor Services Document, August 2019, which lists approved direct services and indirect services provided by a school's counseling program.

(2) A copy of the School Counselor Services Document is located at:

(a) https://www.schools.utah.gov/file/d53963de-f5cb-456f-8502-2bc8ca7769cd; and

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

 

R277-464-4. Time Allotment for Direct and Indirect Services.

(1) An LEA shall ensure the time allotment for implementation of a school's program be allocated in the following ways:

(a) 85% of a school program's aggregate time is devoted to providing direct services to students, including:

(i) collaborative classroom instruction;

(ii) assisting in creating a plan for college and career readiness;

(iii) dropout prevention efforts, including student social and emotional supports; and

(iv) providing supports for a student's needs consistent with the program.; and

(b) no more than 15% of a school program's aggregate time is devoted to indirect services including:

(i) faculty meetings;

(ii) administrative duties related to the program;

(iii) professional development of a school counselor; and

(iv) leadership meetings.

(2) An LEA shall ensure all direct and indirect services are consistent with the listed appropriate usage of time provided in the School Counselor Services document incorporated by reference in Section R277-464-3.

(3) An LEA shall ensure all appropriate and prohibited inappropriate activities are consistent with the School Counselor Services document incorporated by reference in Section R277-464-3, including the elimination of non-school counseling duties such as test coordination and administration.

(4) An LEA that receives funds pursuant to R277-462 shall be subject to the requirements of this rule and all additional requirements as described in R277-462.

 

R277-464-5. Annual Assurance and Compliance.

An LEA shall provide an annual assurance of intent to comply with the time allocation described in Section R277-464-4 through the annual assurances document described in R277-108.

 

KEY: school counselors, services

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented, or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-518