Education

Administration

Rule 462: Comprehensive School Counseling Program

Effective Date: 10/08/2026

Admin. Code Reference: R277-462

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58162

Rule or section number:

R277-462

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-462. Comprehensive School Counseling Program

B. Purpose of the new rule or reason for the change:

These rule amendments are due to the passage of SB 2 during the 2026 General Session.

C. Summary of the new rule or change:

The amendments align Rule R277-462 with the funding and budget directives passed in SB 2 (2026), which serves as the base budget for public education and impacts the distribution formulas for programmatic funding.

The amendments also remove an oversight categorization of "Category 3".

4. Legislative Action Information

A. Are any changes in this filing

because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and

session:

SB 2 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This amendment is not expected to have fiscal impact on state government revenues or expenditures.

Striking the internal oversight category does not have any fiscal impacts.

The other fiscal impacts were captured in the fiscal note to SB 2 (2026) and there are no additional impacts for the Utah State Board of Education (USBE), Local Education Agencies (LEAs), or other persons or entities.

B. Local governments:

This amendment is not expected to have fiscal impact on local governments' revenues or expenditures.

Striking the internal oversight category does not have any fiscal impacts.

The other fiscal impacts were captured in the fiscal note to SB 2 (2026) and there are no additional impacts for the USBE, LEAs, or other persons or entities.

C. Small businesses ("small business" means a business employing 1-49 persons):

This amendment is not expected to have fiscal impact on small businesses' revenues or expenditures.

Striking the internal oversight category does not have any fiscal impacts.

The other fiscal impacts were captured in the fiscal note to SB 2 (2026) and there are no additional impacts for the USBE, LEAs, or other persons or entities.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (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 change 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.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This amendment is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

Striking the internal oversight category does not have any fiscal impacts.

The other fiscal impacts were captured in the fiscal note to SB 2 (2026) and there are no additional impacts for the USBE, LEAs, or other persons or entities.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

Striking the internal oversight category does not have any fiscal impacts.

The other fiscal impacts were captured in the fiscal note to SB 2 (2026) and there are no additional impacts for the USBE, LEAs, or other persons or entities.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Subsection 53E-2-304(2)(b)

Subsection 53E-3-401(4)

Subsection 53F-2-317

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

10/01/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

10/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

08/14/2026

R277. Education, Administration.

R277-462. Comprehensive School Counseling Program.

R277-462-1. Authority[,] and Purpose[, and Oversight Category].

(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[.]; and

(d) Section 53F-2-317, which directs the distribution of the weighted pupil units for college and career counseling.

(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

[(3) This Rule R277-462 is categorized as Category 3 as described in Rule R277-111.

]

R277-462-2. Definitions.

(1) "LEA" means, for purposes of this rule, an LEA that serves students in any of 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 Rule R277-306 and assigned to provide direct and indirect services to students consistent with the program.

(4) "Secondary School" means, for purposes of this rule, a school serving students in grades 7-12.

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

R277-462-3. Incorporation of Utah K-12 Comprehensive School Counseling Program Components Document.

(1) This rule incorporates by reference the Utah K-12 Comprehensive School Counseling Program Components Document, April 2024.

(2) A copy of the current Utah K-12 Comprehensive School Counseling Program Components Document is located at:

(a) https://schools.utah.gov/administrativerules/documentsincorporated; and

(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 Sections 53E-2-304 and R277-462-5;

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

(c) at least once every six years, participate in an on-site program review conducted by the Superintendent which shall assess the components of the program as outlined in Section R277-462-3:

(i) collaborative classroom instruction;

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

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

(iv) systemic dropout prevention; and

(v) 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 the 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;

(i) submit an annual school-based data project demonstrating program or intervention effectiveness by June 15;

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

(k) demonstrate parental involvement in the program including advisory council participation;

(l) integrate collaborative classroom instruction consistent with standards identified by the LEA;

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

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

(o) 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 1,200 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

(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;

(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 within the LEA to document parental involvement in a student's planning meetings.

(6) An LEA shall ensure the implementation of a plan for college and career readiness is 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[.]; and

(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 as a school counselor.

(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 May 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 Rule 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) collaborative classroom and small group 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 Utah School Counselor Association, Utah Association for Career and Technical Education Association, and the Association for Career and Technical Education for one or more school counselors per school per year.

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

(3) An LEA may not use funds as part of a matching requirement.

(4) Restricted rate of indirect costs will be used.

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

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

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

(b) has an approved program pursuant to Rule 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.

R277-462-9. Disbursement of Funds.

(1) An LEA shall meet all requirements of this rule to be eligible for College and Career Counseling (CCR) funding.

(2) The proportion of total CCR funding allocated for a participating LEA shall be determined by the formula described in Section 53F-2-

317.

(3) CCR funds are restricted and shall be allocated to an LEA for an approved school counseling program as follows:

(a) an annual base amount of $20,000 per eligible secondary school; and

(b) an additional allocation that is proportional to the LEA's grades 7-12 prior school year's October 1 headcount in comparison to all other

LEAs with an approved program;

(4) An LEA shall annually complete a funding application as defined by the Superintendent with assurances that the LEA meets the school

counseling program standards as described in this rule.

KEY: public education, counselors

Date of Last Change: [December 10, 2024]2026

Notice of Continuation: April 15, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-2-304(2)(b); 53E-3-401(4); 53F-2-317

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