Skilled Trades ESP—
Building a Quality Workforce

Federal and State Statutes

Federal and state statutes provide employee protections and impose requirements on school districts and on Skilled Trades ESP. In many states, trades licenses are required and administrations that ignore them can be fined or penalized. Standards and regulations are more uniform and applicable within the Skilled Trades category than within some other job families. However, school boards still attempt to sidestep or even ignore skilled trades requirements for work orders. As a result, skilled traes employees are put in some regulatory jeopardy.

In order to avoid problems, employees must maintain current knowledge of “rules and regs” regarding the tasks they are expected to perform, and not necessarily depend on what the administration knows.

Federal Law: Certain public school employees are covered under the Fair Labor Standards Act, which provides protection against employer abuse, including discrimination and overtime abuse. (For general information about Federal wage and hour law, see the U.S. Department of Labor's FLSA Advisor.)

State Law: The Department of Education and the Department of Labor in each state may establish standards and regulations for skilled trades ESP. Licensing and regulations on the state level set by trades organizations and boards are far more comprehensive for Skilled Trades ESP than for most other job categories. Some regulatory information may be provided by your UniServ Office. Skilled Trades ESP should be responsible for remaining informed and current, especially because many school boards do not know skilled trades regulation requirements.

Types of Credentials: Credentials for ESP are constantly changing, because the tasks and responsibilities for all categories of ESP are always evolving. For example, few public school offices had computers 25 years ago. Changes in environmental regulations and laws have greatly affected credentials for Skilled Trades ESP. Huge leaps in technology, newly invented and developed safety materials, and vast changes in school campus security have all contributed to an increase in skilled trades’ regulations and requirements.

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 and 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 Skilled Trades ESP. Your UniServ office and your state affiliate are always the first and best sources for information and details.

To Section 4: The Physical Condition of the School and Enhanced Student Achievement