Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Education  
2. Bureau:  
Superintendent of Public Instruction  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Certification and Licensure of School Counselors  
5. Rule numbers or rule set range of numbers:  
R 390.1301 to R 390.1313  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Mary Fielding  
E-mail of person filling out RFR:  
FieldingM@michigan.gov  
Phone number of person filling out RFR:  
517-241-6986  
Address of person filling out RFR:  
608 W. Allegan  
P.O. Box 30008  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-Page 2  
R 390.1301(k)  
The names of two credentials are changed to remove the confusing term “authorization” and to  
describe the credentials more accurately, similar to the proposed amendments of the Teacher  
Certification Code to replace the term “temporary teacher employment authorization.” Cross  
references to rules under which credentials are issued are added for the sake of clarity.  
R 390.1301(r)  
The definition of “valid” is clarified by tailoring it more specifically to school counselor  
credentials, for which only the time period component of the definition of “validity” in R  
390.1101 applies.  
R 390.1304  
The name of the credential is aligned with R 390.1101(k), as amended. Subrule (2) is deleted as  
unnecessary in light of the description of the credential in subrule (1), as amended, and because it  
duplicates R 390.1308(3).  
R 390.1305  
Subrules (2) and (4) are deleted because they duplicate R 390.1308(2).  
Subrule (3) (now (2)) is amended to delete the obsolete reference to February 6, 2020, and to align  
with the renumbering of subsections of section 1233 of the Revised School Code, MCL 380.1233,  
as amended by 2018 PA 418, effective March 20, 2019.  
Subrule (6) is deleted as obsolete because, in accordance with MCL 380.1233 as amended by 2017  
PA 151, it applied only before February 6, 2020.  
R 390.1306  
Subrule (1)(b) is amended to replace “Successfully complete” with “Pass” for purposes of  
simplification.  
Subrule (1)(c)(ii)(A) is amended to refer simply to the statutory requirement.  
Subrule (2) is deleted because it duplicates R 390.1308(2).  
R 390.1307  
The name of the credential is aligned with R 390.1301(k), as amended. The unnecessary and  
confusing reference to the “validity” of the credential is deleted.  
R 390.1308  
In subrule (1), the unnecessary and confusing reference to the “validity” of credentials is deleted.  
The content of R 390.1305(4) is moved to subrule (2).  
In subrules (3) and (4), the names of credentials are aligned with R 390.1301(k), as amended.  
R 390.1312(f) and (g) and R 390.1313(1)  
These rules are amended to align with Executive Order 2019-06, which, effective April 22, 2019,  
abolished the Michigan Administrative Hearings System and transferred its authority to the newly  
created Michigan Office of Administrative Hearings and Rules.  
MCL 24.239  
RFR-Page 3  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Specific promulgation authority for the rules is conferred on the superintendent of public  
instruction.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Applicable statutory references are: sections 1233 and 1531 of the Revised School Code, 1976 PA  
451, MCL 380.1233 and 380.1531.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Rules are mandated by sections 1233 and 1531 of the Revised School Code, 1976 PA 451, MCL  
380.1233 and 380.1531.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with, duplicate, or exceed similar regulations, compliance requirements,  
or other standards at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The certification and licensure of school counselors are addressed in documents available on the  
Department of Education website at:  
https://www.michigan.gov/documents/mde/Cert_Reqs_Counselors_613320_7.pdf  
https://www.michigan.gov/documents/mde/School_Counselor_PD_627406_7.pdf  
https://www.michigan.gov/mde/0,4615,7-140-5683_14795_83462---,00.html  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, the rules are listed on the Department of Education's annual regulatory plan as rules to be  
processed for the current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The rules will be promulgated under section 44(1) of the Administrative Procedures Act because  
the purposes of the amendments are to align with 2017 PA 151 and 2018 PA 418, which amended  
MCL 380.1233; to align with Executive Reorganization Order No. 2019-06, which abolished the  
Michigan Administrative Hearings System and transferred its authority to the newly created  
Michigan Office of Administrative Hearings and Rules; to replace confusing terminology; to add  
clarity; to delete duplicative, obsolete, and unnecessary language; to add a statutory citation; and  
to consolidate provisions about the expiration of credentials in one rule.  
MCL 24.239  
;