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Committee amends student-support licensing rule to align mental-health terms and add parent-consent clarifications

3212026 · May 5, 2025
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Summary

The committee amended R277-313 to align the rule's definition of "mental health services" with state code and added a parent-consent requirement (with a statutory exception) for certain student support services; the amended draft was approved on first reading and forwarded to the board.

The committee approved an amended draft of R277-313, Student Support Licensing Areas of Concentration, clarifying how the rule defines "mental health services" and adding a parent-consent requirement for direct services.

Vice Chair Bollinger proposed and the committee adopted language that strikes the rule's standalone definition of "mental health services" and instead references the statutory definition for "practicing mental health therapy" (as cited in the session). The committee also amended the draft to clarify the role and permissible activities of school counselors so the rule does not imply counselors provide restricted mental-health services beyond the scope of their license.

Board Member Lear moved an amendment to add an explicit parent-consent requirement: an educator with a student-support license area must obtain written parent permission "prior to working with students" except as otherwise permitted by the statute (the committee referenced the statutory exception at 53G-9-902). The committee adopted that amendment and directed LEAs to provide training and ensure compliance with the consent requirement. The amended draft was then approved on first reading and forwarded to the full board for final approval.

Public comment on the rule came from an outside practitioner, who asked the committee to hold the rule to allow attorneys and school-based practitioners more time to review how changes to the definition of mental health services would affect school psychologists and school social workers. The committee declined to postpone and approved the amended draft.