REQUEST FOR RULEMAKING (RFR)

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Pauline Cannon
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1 State Budget Office Office of Regulatory Reinvention 111 S. Capitol Avenue; 8th Floor, Romney Building, Lansing, MI Phone: (517) FAX: (517) REQUEST FOR RULEMAKING (RFR) Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority to promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR) before initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov. 1. Agency Information Agency name: Department of Education Division/Bureau/Office: Office of Educator Excellence Agency contact person name, , and phone: Beatrice Harrison HarrisonB@michigan.gov Rule Set Information Title of proposed rule set: Certification and Licensure of School Counselors Rule number(s) or range of numbers: R to R Included in agency s annual regulatory plan as rule to be processed in current year? Yes. 3. Estimated timetable for completion, or statutory deadline, if applicable: The estimated timetable for completion is December Describe the general purpose of these rules, including any problem(s) the changes are intended to address: The general purposes of the amendments are to align with recent amendments of the Revised School Code and the State School Aid Act; to align with Executive Reorganization Order No , MCL ; to delete two unnecessary definitions and an unnecessary, obsolete requirement; to delete obsolete language; to delete unenforced requirements; to remove redundant language; to add clarity; to correct grammatical and other errors; to align with other rules; and to align with current Legislative Service Bureau drafting standards related to the disfavored use of passive voice and to the use of which versus that and the use of the auxiliary verbs shall and must (with shall used only if the subject is a person or entity and must if the subject is inanimate). The amendments are as follows. R Several amendments relate to the use of active voice versus passive voice. Deletion of is in R (c) corrects a grammatical error. The definition of education-related professional learning hours is amended to align with the Department of Education s current practice to allow time spent with employers and technical centers to qualify as professional learning for renewal of school counselors credentials. This amendment is also in line with the purpose of recent amendments of MCL (2017 PA 151 and 2018 PA 236) regarding renewal of school counselor credentials. This amendment aligns this rule with amendments of the same definition in the other certification rule sets administered by the Department in accordance with 2018 PA 234 and 2018 PA 235, which mandate those rule amendments. The credential renewal

2 RFR Page 2 process is entirely electronic and requires that the same continuing education definition apply to all of the various certificates. The definitions of elementary level and secondary level are deleted as unnecessary because references to elementary level and secondary level are only found in R (2) and (3), and, for reasons explained below, those references are being deleted. The definition of valid Michigan teaching certificate is divided into two definitions ( Michigan teaching certificate and valid ) for purposes of clarity, simply incorporating definitions found in the Teacher Certification Code. The definition of satisfactory college semester credit hours is amended to delete an average because the Department has no means to calculate averages and does not do so. This change aligns the definition with that in the Teacher Certification Code. The definition of school counselor endorsement is amended to remove incorrect language about the nature of the school counselor endorsement. Contrary to the deleted language, the validity (i.e., grade level) of a school counselor endorsement does not necessarily mirror the validity of the existing content of the teaching certificate R The amendments of subrule (1) relate to the use of active versus passive voice and the use of shall versus must. In subrule (2), recommend or approve is redundant. Or approve is deleted. Subrule (2) is amended to correct an error related to grade levels. Separate elementary and secondary school counselor credentials are not issued. All school counselor licenses are for grades prekindergarten (PK) to 12, and (just like teaching certificates) school counselor endorsements on teaching certificates are not designated as elementary or secondary but rather can be for any number of grade ranges (e.g., PK-12, PK-8, 5-12, 6-12, 9-12, etc.). It therefore makes no sense to refer to elementary and secondary levels. That replaces which in subrule (3) to align with Legislative Service Bureau standards of drafting. Subrule (3)(h) is added to align with the Marshall Plan for Talent, which was added to the State School Aid Act, 1979 PA 94, by 2018 PA 227, effective June 27, 2018, MCL to l. MCL d(1) allocates funds for the Michigan career development navigator program to increase the number of college- and career-ready pupils with an emphasis on increasing the number of citizens working in high-demand fields. The section further states, Grant funds awarded under this section must not be used to supplant existing counseling services within a district or intermediate district. MCL d(2). The innovation grants available under MCL d include funds to hire career navigators, who work with and support school counselors who are helping students find career-based learning opportunities. See Marshall Plan 101 (pp 6 and 8) at: This amendment therefore also aligns with MCL , as amended by 2017 PA 151 and 2018 PA 236, which (as explained below in the description of amendments to R (3)) added career readiness continuing education requirements for school counselor credential renewal.

3 RFR Page 3 R Some amendments relate to the use of active versus passive voice and the use of shall versus must. The description of the school counselor examination in subdivision (c) is amended to reflect that, under Executive Reorganization Order No , MCL , the superintendent of public instruction is the administrative head of the Department of Education and is the official who approves examinations. Be recommended or approved and variations of those words are redundant. Or approved and similar words are deleted from subdivision (d). Subdivision (d)(ii) is amended to correct any misconception that it means that a recommendation is required when someone completes the requirements. A program is not required to recommend in all cases. For example, no recommendation is required if the applicant has committed a crime that disqualifies him or her for the credential. This aligns the rule with MCL b and with R R a Two changes relate to the use of passive voice Subrule (1)(c) is amended for the reason identified above for the amendment of R (c). R Subrule (1) is amended to improve the grammar, including replacing passive voice with active voice. Subrule (1)(b) and subrule (3) are amended for the reason identified above for the amendment of R (c). The superintendent of public instruction designates how recommendations are made. Redundant or approve and or approval are deleted in subrule (3). Subrule (3) is amended to delete the incorrect reference to a limited number of grade level combinations, as explained above regarding the amendment of R (2). R Several amendments relate to the use of passive voice or the use of shall. Subrule (1)(b) and (c) are amended for the reason identified above for the amendments of R (c) and R (1)(b) and (3). Redundant or approval is deleted in subrule (1)(c). Correspondence credit shall not be used to satisfy this requirement is deleted in subrule (1)(d), and subrule (4) is deleted. This is archaic language. What was formerly known as correspondence credit is now subsumed in online and distance learning credit, which are addressed in the next sentence of subrule (1)(d) and in subrule (5). In addition, or a regionally accredited college or university is added to subrule (1)(d) to correct an obvious omission and to align with subrule (5). For the sake of clarity, subrule (3) is divided into two subrules, with the new subrule (4) addressing the renewal period. Subrule (3) is amended to align with 2017 PA 151 (effective February 6, 2018) and 2018 PA 236 (effective September 25, 2018), which added section 1233(7) to (10) to MCL , with section 1233(10) requiring promulgation of rules as necessary to implement section 1233(7) to (9). Section 1233(7) to (10), which add continuing education requirements for the renewal of school counselor credentials, provide as follows.

4 RFR Page 4 (7) Beginning February 6, 2020, the department shall not renew an individual's school counselor credential unless the department determines that, within the time period since the individual's school counselor credential was issued or last renewed, whichever is most recent, the individual has completed at least 25 hours of professional development approved by the department under subsection (9) covering counseling about the college preparation and selection process and at least 25 hours of professional development approved by the department under subsection (9) covering career counseling. For the purposes of this subsection, career counseling includes, but is not limited to, exploration of military career options and the skilled trades as well as other careers and pathways that lead to industry credentials awarded in recognition of an individual's attainment of measurable technical or occupational skills necessary to obtain employment or advance within an occupation. The hours of professional development required under this subsection covering career counseling shall include at least 5 hours covering military career options. The hours of professional development required under this subsection are a part of and not in addition to professional development requirements under department rule. (8) An individual may complete the professional development hours for the purposes of subsection (7) as part of the professional development provided by a school district, intermediate school district, public school academy, or nonpublic school under section 1527 if the content and curriculum of the professional development provided under section 1527 are approved by the department under subsection (9). (9) The department shall approve the professional development for the purposes of subsection (7). The department shall only approve a professional development program or course for the purposes of subsection (7) if the department determines that the content and curriculum for the professional development meet standards that are developed by the department in consultation with the department of talent and economic development and groups representing school counselors, college admissions professionals, financial aid officers, employers, and others as determined appropriate by the department. The department shall develop these standards by July 1, 2018 and shall facilitate the involvement in the development of the standards of the groups required under this subsection. (10) The superintendent of public instruction shall promulgate or modify rules as necessary to implement subsections (7) to (9). Subrule (6) is amended to align with 2017 PA 151 and 2018 PA 236. Because the public acts require certain continuing education for renewal of a school counselor credential as of February 6, 2020, the option currently available under this subrule will not be available after that date. The option available until February 6, 2020, is amended to delete the 5-year experience requirement because that requirement is unenforced, unnecessary, obsolete, and unworkable. The requirement is a vestige of the time when states issued continuing

5 RFR Page 5 credentials and did not require professional learning for continued credentialing. Today, credentials are issued for limited periods and renewal requires professional learning. Holding a valid out-of-state credential therefore alone shows that the individual is up-to-date in professional learning, which is the concern of the subrule; employment within the last 5 years adds no value for purposes of this subrule. R Several amendments relate to the use of passive voice. Subrule (1)(b) is amended for the reason identified above for the amendment of R (c). The reference to a bachelor of science or a bachelor of arts degree is simplified to a baccalaureate degree. R In the first sentence, the amendments relate to the use of passive voice and to the reasons described above for amendment of R (c). Period is deleted in the second sentence because it is redundant; validity (as defined in R (z) and incorporated in R (p)) includes the time period of the authorization. R Some amendments relate to the use of passive voice. Credential holders is added to subrule (1) to correct an obvious omission; the first sentence refers to credential holders, so the second sentence must also refer to those individuals. R The only amendment relates to the use of passive voice. R The amendment of subrule (2) is to clarify the meaning of opportunity to show compliance for purposes of procedural due process. The 15-business-day timeline mirrors the timeline of R (d). R and R There are no amendments. R Several changes relate to the use of active voice versus passive voice and to the use of shall. For the first references to the individuals in subdivisions (b), (d), and (e), there will be a full description of the applicant and the holder (as is done in subdivision (a)). This includes correction of grammar by adding for after applicant in several places. Subsequent references in subdivisions (b), (d), and (e) will just say the applicant or the holder. 5. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc., listing all applicable statutory references. If the rule(s) are mandated by any applicable constitutional or statutory provision, please explain.

6 RFR Page 6 Specific rule promulgation authority is conferred on the superintendent of public instruction by sections 1233 and 1531 of 1976 PA 451, MCL and MCL Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations, compliance requirements, or other standards adopted at the state, regional, or federal level. Include applicable public act and statutory references. The rules do not conflict with, duplicate, or exceed similar regulations, compliance requirements, or other standards at the state, regional, or federal level. 7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook, instructional bulletin, form with instructions, or operational memo? The subject matter of the rules is contained in documents available on the Department of Education website at: Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full rulemaking process: The rules will be promulgated under section 44(1) of the Administrative Procedures Act because MCL (10), added by 2017 PA 151, requires promulgation or modification of rules as necessary to implement MCL (7) to (9) (which were also added by 2017 PA 151, with MCL (7) being further amended by 2018 PA 235). The amendments also align the rules with 2018 PA 227, which added sections 1897 et seq. (the Marshall Plan for Talent) to the State School Aid Act and with Executive Reorganization Order No , MCL , which recognized the superintendent of public instruction as the administrative head of the Department of Education. Other amendments delete unnecessary definitions, an unnecessary obsolete requirement, unenforced requirements, and redundant language. The amendments correct grammatical and other errors and align the rules with other rules and with Legislative Service Bureau standards of grammar. 9. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed pursuant to Executive Order ? If yes, explain. No Advisory Rules Committee was formed pursuant to Executive Order Is there an applicable decision record as defined in Section 3(6) and required by Section 39(2) of the APA? If so, please attach the decision record. There is no applicable decision record as defined in section 3(6) and required by section 39(2) of the Administrative Procedures Act. 11. Reviewed by the following Departmental Regulatory Affairs Officer: Mary Fielding To be completed by the ORR

7 RFR Page 7 Date RFR received: Based on the information in this RFR, the ORR concludes that there are sufficient policy and legal bases for approving the RFR. ORR assigned rule set number: Date of approval: ED Based on the information in this RFR, the ORR is not approving the RFR at this time. Date of disapproval: Explanation:

AGENCY REPORT TO THE JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

State Budget Office Office of Regulatory Reinvention 111 S. Capitol Avenue; 8th Floor, Romney Building Lansing, MI 48933 Phone: (517) 335-8658 FAX: (517) 335-9512 AGENCY REPORT TO THE JOINT COMMITTEE ON