School Counseling Laws and Policies

Utah School Counseling Programs Laws and Policies

Board Rule R277-461: Elementary School Counselor Grant Program
Utah State Board of Education (USBE) Administrative Rules

• Outlines grant criteria, application process, and program implementation for the Elementary School Counseling Grant Program.

Board Rule R277-462: Comprehensive School Counseling Program
USBE Administrative Rules

• Outlines program implementation requirements for secondary schools (grades 7-12) to be eligible for Career and Technical Education (CTE) Add-On Funding for school counseling programs.
• Board Rule R277-462-3: Utah K-12 Comprehensive School Counseling Program Components Document provides Local Education Agencies (LEAs) the guidelines and expectations to develop their Plan for College and Career Readiness schedule based on the following conferences:

1. 1. Grades 7-8, minimally one individual and one group conference during the two years;
   2. Grades 9-10, minimally one individual conference and one group conference during the two years;
   3. Grades 11-12, minimally one individual conference and one group conference during the two years; and
   4. Other meetings as needed
      

Board Rule R277-464: School Counselor Direct and Indirect Services
USBE Administrative Rules

• This Board rule applies to all school counselors, not just for schools that receive school counseling program funding based on R277-462.

Board Rule R277-464-3: Incorporation of School Counselor Services Document
USBE Administrative Rules

• This document further defines direct and indirect student services, school counselor time allocation, and appropriate and inappropriate school counseling activities. As documentation for compliance, a Time/Task Analysis should be completed by each school counselor annually to ensure a minimum of school counselor time reflects at least 85% in direct services to students, with a maximum of 15% of school counselor time in indirect services to students.

Board Rule R277-921: Strengthening College and Career Readiness Program
USBE Administrative Rules

• Outlines requirements for the College and Career Readiness Certificate Program.

• This document further defines the College and Career Readiness Program Standards.

Utah Code Section 53E-2-304: School District and Individual School Powers Plan for College and Career Readiness Definition
Utah State Legislature

• Outlines the details of College and Career Readiness planning meetings and provides guidelines and expectations for LEA policies regarding these meetings.

Utah Code Section 53E-9-203: Activities Prohibited Without Prior Written Consent, Validity of Consent, Qualifications, Training on Implementation
Utah State Legislature

Except as outlined in 53E-9-203 (7), policies adopted by a school district or charter school under Utah Code Section 53E-9-202: Application of State and Federal Law to the Administration and Operation of Public School, Local School Board and Charter School Governing Board Policies (Utah State Legislature) shall include prohibitions on the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident of intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student’s or any family members:

1. 1. political affiliations or philosophies;
   2. mental or psychological problems;
   3. sexual behavior, orientation, gender identity, or attitudes;
   4. illegal, anti-social, self-incriminating, or demeaning behavior;
   5. critical appraisals of individuals with whom the student or family member has close family relationships;
   6. religious affiliations or beliefs;
   7. legally recognized privileged relationships (lawyers, medical personnel, or ministers);
   8. and income, except as required by law.

In 2014, the Utah State Legislature passed House Bill 23 (Utah Code Section 53E-9-203 (7)) which allows a school employee to intervene and ask a student questions if the employee believes the student is at risk of attempting suicide, physically self-harming behavior, or thoughts of harming others for the purposes of:

1. 1. referring the student to appropriate prevention services; and
   2. informing the student’s parent or legal guardian.

Utah Code Section 53G-9-604: Parental Notification of Certain Incidents and Threats Required
Utah State Legislature

• Outlines requirements for notifying parents if a student threatens to commit suicide or involved in an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation

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