The counseling plan is a detailed description of the programs, remediation, and institutional support available for students at the institution, particularly those who have not completed a high school education or its equivalent. NOTE: The counseling plan is not required if the institution limits enrollment to students with a high school diploma or equivalent. 

EDUCATION LAW

Section 5002(1)(d)(2) of the Education Law states that "Each school admitting students who do not possess a high school diploma or its equivalent shall develop a plan to be approved by the commissioner for the counseling of such students on an individual basis on matters including but not limited to the student’s ability to progress in the curriculum, the student’s financial aid rights and responsibilities, the availability of programs to earn a high school equivalency diploma, including programs provided at no cost to the student, and the potential of the training to prepare the student for available employment opportunities within the region."

Furthermore, Section 5002(1)(d)(3)(A) states that "The commissioner shall monitor compliance with this paragraph and verify the examination and counseling process and student examination scores." Section 5002(1)(d)(3)(C) states that "In the event that the commissioner determines that the school is out of compliance with the examination process and counseling, the commissioner shall require that examinations and counseling for students admitted under the ability to benefit provision and the counseling required by subparagraph two of this paragraph be conducted off the premises of the school by an entity approved by the commissioner for such period of time as the commissioner deems appropriate, the cost of which shall be incurred by the school."

Pursuant to Section 5002(2)(d)(2) of the Education Law, counseling plans must be reviewed and approved by the Department for schools who admit ability-to-benefit students. In order to assist schools to comply with the provision, the Department has prepared the enclosed guidelines for proprietary school owners and directors to use to develop an acceptable counseling plan.

The guidelines provided below are meant to assist schools in developing their counseling plan required pursuant to Section 5002(1)(d)(2) of the Education Law. Although schools are allowed to include additional areas of information within their counseling plan, the information listed below must be included at the minimum. The counseling plan must be implemented for all students who are admitted based upon ability-to-benefit examinations. At the school’s discretion, the plan also may pertain to students entering with a high school diploma or its equivalent.

Finally, there will be no prescribed format for the submission for the counseling plans. Each school will be permitted to use existing formats and forms in submitting its counseling plans to the Department. 

COUNSELING PLAN
SCHOOL NAME
SCHOOL LOCATION

Each counseling plan must address the following issues:

1. The student’s ability to progress in the curriculum

• How will the determination be made that the student is not progressing in the curriculum?
• At what intervals will the student’s progress be evaluation?
• Who will make this determination?
• What will be provided to the student in this area?
• When will this information be provided to the student?
• How will this information be provided to the student?
• Will remediation be available for students who are not adequately progressing the curriculum?

2. The student’s financial aid rights and responsibilities

• What will be provided to the student in this area?
• When will this information be provided to the student?
• Who will provide this information to the student?

3. Availability of programs to earn a high school equivalency diploma including programs provided at no cost to the student

• What will be provided to the student in this area?
• When will this information be provided to the student?
• Who will provide this information to the student?
• Identify what the student must do in order to pursue a high school equivalency program at no cost. Identify an appropriate contact person or organization for the student.

4. Potential of the training to prepare the student for available employment opportunities within the region

• What will be provided to the student in this area? For example, will there be employment counseling, referrals for interviews, information on interviewing skills and/or resume preparation?
• When will this information be provided to the student?
• Who will provide this information to the student?
• Identify any additional training, licensing examinations, or registration necessary to secure employment in this particular field.

5. Information regarding placing a student on academic probation

• What criteria will be used to place a student on probation?
• Who will make this determination?
• When will this information be provided to the student and in what format?
• Who will provide this information to the student?
• What does the student need to do to be removed from probation? Submit a copy of student progress forms, if applicable.

6. Please describe how the school plans to document the delivery of the above-referenced counseling services to the student. All such documentation is required to be placed in the student’s file.