Technical 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 school district employees. Technical Services ESP should be familiar with both state law and federal law, be aware of differences from state to state, and know which federal laws override or conflict with state requirements.

Remaining current and informed is a challenge for Technical Services ESP, more than half of whom work in safety and security venues with an increasing amount of security equipment. Remaining current is more difficult for them than for any other ESP job family with the exception of Security Services ESP. It is vital that administrations recognize this ongoing challenge and take action to provide information, training, and professional development about relevant laws and statutes.

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 promotional opportunities, and a greatly enhanced professional image for Technical Services ESP.

• Federal Law: Certain public school employees are covered under the Fair Labor Standards Act, which provides protection against abuse of overtime and discriminatory practices by employers. Congress recently passed a bill that dramatically changes the application of the Act regarding overtime pay versus compensatory time. The impact of the change for Technical Services ESP should be carefully scrutinized. Contact your Local and State UniServ offices for more information. (Also see Federal Bulletin #778 — Overtime Compensation, which defines how employers should properly calculate overtime.
  
  Technical Services ESP should also be familiar with the latest federal mandates under the Patriots Act and the Homeland Security Act. Information is available from the U.S. Departments of Education, Justice, and Labor, and from the U.S. Attorney General's Office.
  
  
• State Law: The state Departments of Education, Labor, and Health & Human Services, and in most states the Attorney General's Office, may all establish some standards and qualifications for Technical Services ESP.
  
  
• Types of Credentials: Credentials for all categories of Education Support Professionals are constantly changing. The technology explosion has completely altered clerical services ESP jobs — few school offices had computers 25 years ago, no one used email, and the telephone was answered by a real person. Custodians no longer just clean the building — they are responsible for the total environmental quality of the school building and campus. For Transportation ESP, the school vehicle is not just a bus anymore — it's a microcosm of the classroom and the community. Food Services ESP no longer just make lunch. Nutritional health and welfare of each and every student is a daily responsibility and essential for student's learning and thriving. Mainstreaming of students with special needs has redefined and expanded the role of the Paraprofessional. For Health & Human Services ESP, measles and aspirin are important, but passé. Biological and chemical terror and violent trauma care have come to live in public schools.

The increase and changes in responsibilities and tasks is particularly dramatic for Technical Services ESP. Add security and safety in a "terror rich" atmosphere to ongoing and benign technology changes — the skill sets necessary to do their jobs are altered forever. With skill set changes have come dramatic changes in requirements to get and maintain their job qualifications.

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 requires individuals to file their names, addresses, and qualifications with a government agency before practicing the occupation. The employees 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, pass and enforce its own guidelines and mandates, current information is essential for Technical Services ESP. Your UniSev office and your state affiliate are always the best first source for information and details.

To Section 3: The Technology Explosion