This filing was published in the 01/15/2009, issue, Vol. 2009, No. 2, of the Utah State Bulletin.
Comprehensive Counseling and Guidance Program
NOTICE OF PROPOSED RULE
DAR File No.: 32256
Filed: 12/30/2008, 01:15
Received by: NL
Purpose of the rule or reason for the change:
This rule is amended to provide for policies and practices in school districts and charter schools to free licensed school counselors for appropriate activities with students.
Summary of the rule or change:
The amendments include adding and changing definitions, providing procedures that require school districts and charter schools to meet a counselor to student ratio of 1 to 350 or requiring school districts and charter schools to provide a plan and time line approved by the Utah State Board of Education for how they will reach the established ratio, and providing procedures and practices for school districts and charter schools to ensure that licensed school counselors are involved in appropriate activities with students.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The new requirements will be implemented by existing staff within existing budget.
There may be additional costs to school districts and charter schools in meeting the new requirements because licensed counselors may have previously undertaken and performed functions outside of their counseling duties and now will be unable to do so. Additional staff may be required to perform duties previously handled by counselors. Costs are too uncertain and speculative to determine at this time.
small businesses and persons other than businesses:
There are no anticipated costs or savings to small businesses AND persons other than businesses. The amendments to this rule affect school districts and charter schools only.
Compliance costs for affected persons:
Whatever speculative costs may be required for school districts and charter schools to meet new imposed ratios or plans for ratios will be borne by the school districts and schools, never by individual counselors.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
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 email@example.com
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-462. Comprehensive Counseling and Guidance Program.
"Board" means the Utah State Board of Education[ and
Applied Technology Education].
"Comprehensive Counseling and Guidance Program" means the organization of resources to meet the
priority needs of students
through four delivery system components:
(1) guidance curriculum which means providing guidance content to all students in a systematic way;
(2) student educational and occupational planning[
means individualized education and career planning] with all students;
(3) responsive services 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.
"Comprehensive Counseling and Guidance Steering and Advisory
Committee" means representatives [ of] district counseling supervisors, district
[ ATE] directors, PTA, the school
counselor professional association,[ and] practicing school counselors.
E. "Direct services" means time spent on the guidance curriculum, individual student planning, including SEOP, and responsive services activities meeting students' identified needs as discerned by students, school personnel and parents consistent with district policy.
"SEOP" means student education occupation plan[ s and
"Student achievement" means academic performance, career
development, personal/social development, [ retention], attendance, SEOP outcomes and other
measures of adequate yearly progress.
"USOE" means the Utah State Office of Education.
Consortium" means representatives of nine [ ATE] Regional Planning Areas.
"WPU" means weighted pupil unit, the basic unit used to
calculate the amount of state funds for which a school district or charter
school 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 SEOPs, 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.
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, schools shall implement SEOP policies and practices, consistent
with Section 53A-1a-106(2)(b), local board or charter school governing board
y], and the school improvement plan developed
for Northwest Accreditation.
school[ , including] charter school[ s], which has a USOE-approved
[ Comprehensive Counseling and Guidance Program ]shall receive a
base[ of 6 WPU ]for the first 400 students as determined by the October
1 enrollment of the previous fiscal year, and a per student allotment, as funds
are available, for each additional student beyond 400, capping at a maximum
for funding shall be given [
for] grades nine through twelve for
[ ATE] 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.
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.
charter school or school district Comprehensive Counseling and Guidance Program
shall be integrated into the mission of the school and be consistent with the
Northwest Accreditation process as defined in R277-413, 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[
developed as part
of the Northwest Accreditation process].
S]chools shall qualify [ to receive]
Comprehensive Counseling and Guidance Program funds through participation in a
regular schedule of on-site review by team members [ designated]
by the district or charter school. Scheduling of the on-site
review process shall be coordinated with the Northwest Accreditation process
for secondary schools as defined in R277-413 and shall, at a minimum, take
place every [ three] years. Successful on-site reviews
of the Comprehensive Counseling and Guidance Program shall indicate a balance
of activities in individual
student planning, guidance curriculum, responsive services and system support.
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[
and (c) show effort to make the counselor to student ratio for
Comprehensive Counseling and Guidance Programs no greater than one counselor
for every 350 students. (7) Districts and charter schools shall include in their annual
Request for Proposal to the USOE for Comprehensive Counseling and Guidance
Program funds a description of sources for the matching funds and a
confirmation that such monies shall be used to reduce counselor to student
ratios or maximize direct services to students by school counselors].
Comprehensive Counseling and Guidance Program funds shall be distributed
to districts for
within the district or charter schools ]that have completed a
regular schedule of on-site reviews and that meet all of the following
(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 percent of aggregate counselors time is devoted to DIRECT service to students through a balanced program of individual planning, 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;
Structures and processes to ensure effective Program management
and ]steering committees functioning
effectively, school counselors working as Program leaders, and the
Comprehensive Counseling and Guidance Program contributing to school
R]esponsive services[ are available] to address the
immediate concerns and identified needs of[ all] students through an
education-oriented and programmatic approach[ , and in collaboration] with existing school programs[
and coordination with] famil[ y], school and
(i) Delivery to students of a developmental and sequential guidance curriculum in harmony with content standards identified in the Utah model for the Comprehensive Counseling and Guidance Program. Guidance curriculum is prioritized according to 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;
Establishment] of Student Education Occupation Planning (SEOP), both
as a process and a product[ consistent with local board or charter school
governing board policy and goals of the Utah Model for Comprehensive Counseling
and Guidance Program, Northwest Accreditation, R277-413, and Applied Technology
Education, R277-911];[ and]
[ All ]Program elements [ are] designed to
recognize and address the [ diverse ]needs of [ every]
B. All districts [
may qualify schools for the] Comprehensive Counseling and Guidance Program
funds [ and districts and charter school governing boards ]shall certif[ y]
[ in writing ]that all Program standards are [ being] met by each
school [ receiving funds under this rule and meet the following
deadlines: The "Form for Program
Approval" shall be received by the USOE from schools scheduled for review
in the three year cycle no later than May 1 of each year for disbursement of
funds the next year].
R277-462-4. Use of Funds. A. Funds disbursed for this Program shall be used by the district in
the district secondary schools in grades seven through twelve to provide a
guidance curriculum and an SEOP for each student at the school, to provide
responsive services, and to provide system support for the Comprehensive
Counseling and Guidance Program. Such costs may include the following: (1) personnel costs; (2) career center equipment such as computers, or media equipment; (3) career center materials such as computer software, occupational
information, SEOP folders, and educational information; (4) in-service training of personnel involved in the Comprehensive
Counseling and Guidance Program; (5) extended day or year if REQUIRED to run the Program; and (6) guidance curriculum materials for use in classrooms. B. Funds shall not be used for non-guidance purposes or to supplant
funds already being provided for the Comprehensive Counseling and Guidance
Program except that: (1) Districts or charter schools may pay for the costs incurred in
hiring NEW personnel as a means of reducing the pupil/counselor ratio and
eliminating time spent on non-guidance activities in order to meet the Program
criteria. (2) Districts or charter schools may pay other costs associated with
a Comprehensive Counseling and Guidance Program which were incurred as a part
of the Program during the implementation phase but which WERE NOT a regular
part of the Program prior to that time.
5]. Variances and
A. New schools that are created from schools that have Northwest 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.
schools and other new schools not meeting the
requirements of R277-462-5A may receive Comprehensive Counseling and Guidance
Program funding following two years of planning, training and [
The USOE shall monitor the Program and [ provide]
an annual report [ on its progress and success].
[ D]istricts or charter schools 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 [ as] request[ ed].
KEY: public education, counselors
Date of Enactment or
Last Substantive Amendment: [
Notice of Continuation: September 7, 2004
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-201; 53A-17a-131.8
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 01/14/2009 10:57 AM