Health and Student Services ESP —  Building a Quality Workforce

Federal and State Statutes

Federal and state statutes provide certain requirements and protections for the school district, Health & Student Services ESP, all employees, and the students in a public school. Employees should know about both federal and state law, and understand how they apply to Health & Student Services ESP.

Federal Law: Certain public school employees, including Health & Student Services ESP, are covered under the Fair Labor Standards Act, which provides protection against some employer abuses, including discrimination and overtime abuse. (See Federal Bulletin #778 — Overtime Compensation, which defines how the employer should properly calculate overtime.)

State Law: The State Department of Education, Labor and/or Health & Human Services Departments in each state may establish some standards for job qualifications and function for health and student services employees. Health & Student Services ESP should inquire and know what, if any, standards exist in their particular state.

Types of Credentials: Credentials for Education Support Professionals are constantly changing, because the public school environment is always changing. Custodians no longer just clean buildings; their responsibilities include guarding the whole school environment. The demands of students with special needs have redefined the paraeducator's role from designing bulletin boards to being responsible for tube feedings.

School drivers do much more than "just drive the bus." And remember, 25 years ago, few public schools had computers! For Health & Student Services ESP, medical technology and advancements have exploded the scope and complexity of their daily job functions. In order to adequately address all these changes, "credentials" of one form or another have become necessary.

Members must constantly monitor the rules for licensing, certification, registration and training in order to remain current in their job qualifications, and in order to meaningfully address professional development needs for ESP.

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 pre-determined 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 requires 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. Health & Student Services ESP are the third largest job family needing special certificates, licenses, classes or college credit in order to qualify for their current positions. Over 78% have met specific education requirements for employment, and almost 50% are required to take and pass special examinations or courses on a regular basis in order to stay in their job categories. Most often their training is medically technical and intensive, with as many as 83% having attended college in order to qualify.

Each state may require different guidelines for credential renewal and job training. It is important to check with your state Department of Education, Labor and/or Health & Human Services. Also contact your UniServ Office for information and details.

To Section 3: The National Nurse Shortage — A Crisis for Public Schools