DAR File No. 44136

Education, Administration

Rule R277-306

Educator Preparation Programs for School Psychologists, Audiologists, Speech-Language Pathologists, Speech-Language Technicians, and Counselors

Notice of Proposed Rule

(New Rule)

DAR File No.: 44136
Filed: 10/15/2019 06:00:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In May 2018, Utah State Board of Education (Board) approved Rule R277-301, Educator Licensing. These changes go into effect beginning with the 2020-21 school year. A significant number of rules related to educator licensing will need to be reviewed and revised by the Board prior to the implementation of Rule R277-301. New Rule R277-306 is consistent with the proposed rule revision timeline. The original draft was submitted to stakeholders for feedback on July 25, 2019.

Summary of the rule or change:

Rule R277-306 has been written based on the original draft and the feedback submitted by the stakeholders from multiple professional organizations, as well as two Utah university-based preparation programs. There were two primary areas of feedback that were received; School Social Worker license areas, and Speech-Language Technicians (SLT) vs. Speech-Language Pathology Assistants (SLPA). This new rule has been drafted per the recommendations in these areas.

Statutory or constitutional authorization for this rule:

• Subsection 53E-6-201(3)(a)
• Article X Section 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This proposed rule may have a fiscal impact on state government revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by the Utah Division of Occupational and Professional Licensing (DOPL), and there are a number of other types of professionals who are employed by local education agencies (LEAs) and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. This change may impact the state budget because the count of full time equivalent (FTE) for school social workers is included in the appropriations formulas for the Professional Staff Cost and Educator Salary Adjustment programs. Thus, removing these FTEs from the formula could lead to less funding needed for these programs. The Professional Staff Cost formula includes a number of educator positions. Thus, if the FTE count in other positions increases then the program funding requirement will not decrease despite not having school social workers to include in the formula. For the Educator Salary Adjustment Program, if nothing else is changed, this rule would mean a decrease in program funding because school social workers are eligible for this salary adjustment, but licensed clinical social workers are not. For both programs, any changes in state funding relative to the total appropriations for the programs would be small because the total FTE for school social workers for the 2018-2019 school year was 159.0 FTE (170 individuals).

local governments:

This proposed rule may have a fiscal impact on local governments' revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by DOPL, and there are a number of other types of professionals who are employed by LEAs and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. This rule may impact funding received by LEAs because the count of FTE for school social workers is included in the appropriations formulas for the Professional Staff Cost and Educator Salary Adjustment Programs. For the Professional Staff Cost program, funding is distributed to LEAs on a ratio basis. Thus, removing school social workers from the formula would likely result in a small redistribution of the funding among LEAs. As the total FTE in the formula for the 2018-2019 school year was approximately 36,000, the removal of 159 FTEs would have a minimal impact. The most affected district would be Granite School District which employs 66 of the 170 school social workers. For the Educator Salary Adjustment Program, if nothing else is changed, this rule would mean a decrease in program funding for LEAs because school social workers are eligible for this salary adjustment, but licensed clinical social workers are not. The Educator Salary Adjustment is valued at $4,200 plus taxes and benefits for a total value of $5,549.88 per FTE. Canyons, Granite, and Provo districts would be hit hardest by that change, but most LEAs have one or two FTEs in this category at most.

small businesses:

This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing.

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

This proposed rule may have a fiscal impact on persons' other than small businesses', businesses', or local government entities' revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by DOPL, and there are a number of other types of professionals who are employed by LEAs and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. The individuals affected are school social workers who would cease to hold a Utah Educator License. Consequently, these individuals would no longer be eligible for the Educator Salary Adjustment which is valued at $4,200 plus taxes and benefits for a total value of $5,549.88 per FTE.

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 proposed rule has no fiscal impact on small businesses either. This proposed rule may have a fiscal impact on the state budget, local education agencies, and school social workers with local education agencies and school social workers receiving less funding and the state budget requiring less funding for the Professional Staff Cost and Educator Salary Adjustment programs. 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:

12/02/2019

This rule may become effective on:

12/09/2019

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.

R277-306. Educator Preparation Programs for School Psychologists, Audiologists, Speech-Language Pathologists, Speech-Language Technicians, and Counselors.

R277-306-1. 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-6-201(3)(a), which allows the Board to establish criteria for obtaining educator licenses.

(2) The purpose of this rule is to establish standards for educator preparation programs for:

(a) School Psychologists;

(b) Audiologists;

(c) Speech-Language Pathologists;

(d) Speech-Language Technicians; and

(e) School Counselors.

 

R277-306-2. School Psychologist Preparation Programs.

(1) A Utah institution of higher education may seek approval by the Board for a school psychologist preparation program if the program:

(a) results in a masters degree or higher in school psychology;

(b) meets the 2010 Standards for Graduate Preparation of School Psychologists created by the National Association of School Psychologists (NASP);

(c) prepares candidates to provide comprehensive and integrated services across the ten general domains of school psychology as defined in the 2010 Model for Comprehensive and Integrated School Psychological Services;

(d) prepares candidates to follow the 2010 Principles for Professional Ethics created by NASP; and

(e) includes school-based clinical experiences for a candidate to observe, practice skills, and reflect on practices that:

(i) are significant in number, depth, breadth, and duration; and

(ii) are progressively more complex.

(2) For a program applicant accepted after January 1, 2020, a school psychologist preparation program shall require multiple opportunities for a program applicant to successfully demonstrate the application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) administering varied models and methods of assessment and data collection for:

(i) identifying strengths and needs of students;

(ii) developing effective services and programs for students; and

(iii) measuring progress and outcomes for students;

(b) implementing varied models and strategies of consultation, collaboration, and communication with individuals, families, groups, and systems;

(c) implementing varied strategies that promote social-emotional functioning and mental health in students; and collecting and analyzing data for evaluation and support of effective practices at the individual, group, and systems levels.

(3) An individual that holds the Nationally Certified School Psychologist (NCSP) credential issued by NASP meets the out of state licensing requirement for a professional school psychologist license area of concentration detailed in Subsection R277-301-5(3)(c)(ii).

 

R277-306-3. School Audiologist Preparation Program.

(1) A Utah institution of higher education may seek approval by the Board for a school audiologist preparation program if the program:

(a) is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; and

(b) prepares candidates to provide comprehensive and integrated services in a school setting as detailed in the 2018 Scope of Practice in Audiology created by the American Speech-Language-Hearing Association;

(2) An individual that completes a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology outside of Utah qualifies for an associate license with an associate school audiologist license area of concentration detailed in Subsections R277-301-4(5) and (6).

(3) An individual that holds a current Certificate of Clinical Competence in Audiology (CCC-A) issued by the American Speech-Language-Hearing Association meets the out of state licensing requirement for a professional audiologist license are of concentration detailed in Subsection R277-301-5(3)(c)(ii).

 

R277-306-4. Speech-Language Pathologist (SLP) Preparation Program.

(1) A Utah institution of higher education may seek approval by the Board for a speech-language pathologist (SLP) preparation program if the program:

(a) is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; and

(b) prepares candidates to provide comprehensive and integrated services in a school setting as detailed in the 2016 Scope of Practice in Speech-Language Pathology created by the American Speech-Language-Hearing Association.

(2) An individual that completes a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology outside of Utah qualifies for an associate license with a speech-language pathologist license area of concentration detailed in Subsections R277-301-4(5) and (6).

(3) An individual that holds a current Certificate of Clinical Competence in Speech-Language Pathology (CCC-SLP) issued by the American Speech-Language-Hearing Association meets the out of state licensing requirements for a professional speech-language pathologist license area of concentration detailed in Subsection R277-301-5(3)(c)(ii).

 

R277-306-5. Speech-Language Technician (SLT) Preparation Program.

(1) The Superintendent shall create and administer an SLT preparation program that:

(a) requires applicants to hold a bachelor's degree in communication disorders or the equivalent;

(b) requires significant clinical experiences under the supervision of an individual holding a professional speech-language pathologist license area of concentration; and

(c) prepares candidate to provide services in a school setting as detailed in the Utah State Board of Education Handbook for Speech-Language Technicians Working in Utah Public Schools.

(2) The Superintendent shall periodically review and revise the handbook for SLTs referenced above.

 

R277-506-6. School Counselor Preparation Programs.

(1) A Utah institution of higher education may seek approval by the Board for a school counselor preparation program if the program:

(a) prepares candidates to meet the Utah Education School Counselor Standards detailed in Rule R277-530;

(b) aligns with the 2016 Council for Accreditation of Counseling & Related Educational Program Standards; and

(c) requires candidates to complete the requirements for the College and Career Readiness Certificate.

(2) For a program applicant accepted after January 1, 2020, a school counselor preparation program shall require multiple opportunities for a program applicant to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) collaborating with learners, families, colleagues, and community members to build or implement a shared vision and supportive professional culture focused on student growth and success;

(b) delivering a sequential school counseling curriculum aligned with the Utah Model for College and Career Readiness School Counseling Program;

(c) leading individuals and groups of students and their parents or guardians through the development of educational and career plans;

(d) counseling individuals and small groups of students with identified needs and concerns;

(e) developing or maintaining a crisis prevention/youth protection response plan; and

(f) collecting and analyzing data for the purpose of accountability and program evaluation.

 

KEY: psychologists, audiologists, speech-language pathologists, counselors

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201