Food Services ESP — 
Building a Quality Workforce

Federal and State Statutes

Federal and state statutes provide certain protections and impose certain requirements on school districts and on Food Services ESP. It is important for employees to know about both federal and state regulations. In most states, however, there currently are no governing statutes or requirements for Food Services professionals.

Lack of state standards leaves Food Services employees at the mercy of school boards and supervisors. ESP must rely on contract language if organized in a bargaining state, and general goodwill in most other cases. Standards and uniformity in laws, regulations, certifications, statutes, registrations, and licensing would provide for more accurate job descriptions, more meaningful professional development, better terms and conditions of employment, more pro-motional opportunities, and a greatly enhanced professional image for Food Services ESP.

Federal Law: Certain public school employees are covered under the Fair Labor Standards Act, which provides protection against employee abuses, including discrimination and overtime abuse. Unfortunately for Food Services ESP, coverage by this Act is often irrelevant as they are most often employed part time and are therefore not covered by federal statutes. (See Federal Bulletin #778 — Overtime Compensation, which defines how employers should properly calculate overtime.)

There are of course volumes of regulations and standards for student and child nutrition. Minimum standards are set by the federal government and most are administered and enforced through the USDA/Food and Nutrition Service. For example, the government issues yearly National School Lunch, Special Milk, and School Breakfast Programs, and National Average Payments/Maximum Reimbursement Rates. USDA also issues annual Summer Food Services Program Reimbursement Rate Adjustments. Under these federal statutes, all states are uniform except Alaska and Hawaii (due to the higher cost of food delivery and distribution in these two states).

State Law: In most states, the Health & Human Services Department and the Department of Education issue whatever employee guidelines exist (a few issue mandates through the Department of State).

Currently, most states have few employment mandates or standards for Food Services employees. Kentucky, Alabama, and South Carolina are exceptions. Kentucky requires employees in school kitchens to complete a school food service personnel training course and earn a Kentucky food service employee certificate. Certificates are renewed annually with the completion of a four-hour in-service training course. Alabama's Department of Education has new mandates for food services supervisory personnel.

And in South Carolina, USDA Team Nutrition Training Grants have helped the SC Department of State's Office of School Food Services develop mandates relating to employment and advancement of school food service personnel. There are several other states now beginning to develop standards and requirements, but for the most part, aside from state-mandated sanitation certifications, other meaningful standards do not exist.

The American School Food Service Association is the most visible organization contributing to the development and adoption of requirements and standards for school Food Services personnel. This organization has many state affiliates and a variety of membership categories. It provides training and certifications that enhance and elevate the professional status of Food Services ESP.

In some states these certifications are recognized by school boards and have been made relevant to terms and conditions of employment by administrations. The ASFSA web site (see Resources section) has a vast array of information and professional development opportunities for Food Services employees and should be monitored by Food Services ESP members.

Types of Credentials: Credentials for ESP are constantly changing, because the duties and responsibilities for all categories of ESP are always evolving. For example, few public school offices had computers 25 years ago. Custodians no longer just clean the building and remove trash.

The demands of students with special needs have shifted the paraeducator's role from designing bulletin boards for the teacher to being responsible for tube feedings. School drivers don't just drive the bus and make safety checks. And for Food Services ESP, it's not just lunch anymore. Child nutrition and nutrition-related responsibilities have expanded by leaps and bounds.

Some Definitions

Licensure: is the most restrictive form of professional and occupational regulation. It is illegal for a person to practice a particular profession without first meeting state and/or federal licensing standards. Licensure is often referred to as "right-to-practice."

Certification: Under certification, the state grants title protection (right-to-title) to persons meeting predetermined standards. Those without certification may perform the duties of the occupation but may not use the title.

Registration: is the least restrictive of all credentials. It usually re-quires individuals to file their names, addresses and qualifications with a government agency before practicing the occupation. The employee may be required to post a bond or pay a fee for the registration.

Training: is the specific course work the employee must take in order to obtain the license, certification, or registration. Because each state can develop and enforce its own guidelines and mandates, current information is essential for all Food Services ESP. Your UniServ office and your state affiliate are always the first and best sources for information and details.

To Section 3: Privatization -- A Major Threat for Food Services Workers