2012 ESP Handbook - Alabama Education Association

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An Analysis of State and Federal Licensing, Certification, and Training Mandates What is the difference between a license and a certification? Licensure is the most restrictive form of professional and occupational regulation and is often referred to as right-to-practice. Under statutes requiring licensure, it is illegal for a person to practice the particular profession without first meeting state or federal standards. 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. There is another form of regulation, referred to as registration, which is the least restrictive, usually taking the form of requiring individuals to file their names, addresses, and qualifications with a government agency before practicing the occupation. They may be required to post a bond or pay a fee. Training is the specific course work the ESP employee must take in order to obtain the license, certification or in some cases, registration. Alabama The state of Alabama has statutes that regulate many of the health services jobs. It is interesting to note that the boards that govern some of these health service fields have representation on them from the assistants as well as the therapists themselves. Building And Grounds Maintenance/Repairs Contractors must have asbestos certification and prepare a management plan (22-39-1-5). It is unclear whether any of the management of asbestos within the schools may be assigned to maintenance employees of the school district. Security Services Campus security are considered police officers but have some limitations on their authority (16-22-1, 2). Statute for police officers (which applies to campus police) requires continuing education (36-21-46, 51). Food Services There are no certification requirements. However, the State Department of Education provides training for new CNP managers and directors. 8 Health and Student Services • LPN – Requires a high school diploma or its equivalent with license being obtained through examination, endorsement (holding license from another state) or a temporary permit (34-21-22); renewal every two years with payment of a fee (34-21-23). As of October 1, 1991, continuing education became a prerequisite for license renewal. • Occupational Therapy Assistant – Must hold a license, obtained by showing evidence of successful completion of a program accredited by the American Occupational Therapy Association, Inc., and a minimum of eight weeks supervised fieldwork (34-39-3-10). • Occupational Therapy Aide – Requires no license but works under either the occupational therapist or the occupational therapy assistant (34-39-3). • Physical Therapy Assistant (or Physician Therapy Technician) – Assists in practice under the supervision of the physical therapist and holds a license, which must be renewed every two years (34- 24-19,192; 34-24-210-215). As of October 1, 1991, continuing education became a prerequisite for license renewal (34-24-216). • Speech Pathology Aide and Audiology Aide – It appears there is no requirement for license; however, aide must meet minimum qualifications established by the State Board (34-28A-1). • ESP Administering Medication to Students – Any ESP asked to administer medication to students must receive 12 hours of training from the school nurse and be provided the student’s “care plan.” Paraprofessional (Instructional/Non-Instructional) There are no mandates other than those imposed by ESEA. (See next page “Instructional Paraprofessionals under Federal Statutes.”) Secretarial, Clerical Administrative Services No mandates required of this position. (continued on next page)
Trades, Crafts, Machine Operators • Electricians – Must hold a state license (34-36-2, -3, -7-9). • Plumbers – Although typically plumbers should be licensed, there is exclusion for maintenance workers who do plumbing-related work in the normal course of their duties (34-37-6; 34-37-15). Maintenance workers and plumbers (unless such plumbers wish to do plumbing work outside their employment in public schools) would not need to hold a license. Transportation, Delivery, Vehicle Mechanics • School Bus Drivers – Must hold a special school bus driver’s license, which must be renewed each year. In order to have the license renewed, driver must take four hours of continuing training developed by the Department of Education (16-274). • Vehicle Mechanics – Must take training developed by the Department of Education (16-27-5). Federal Statutes Federal statutes typically do not mandate credentialing requirements – they mandate money. Frequently, a state that wants federal monies must meet or exceed the standards imposed by federal statutes. The mandates for personnel within federal regulations are mainly the training requirements found in the Toxic Substances Control Acts for the abatement of asbestos, lead, and radon. Standards for public school bus drivers are clearly outlined. • Instructional Paraprofessional – A local school district that receives federal funds to employ instructional paraprofessionals must ensure that the paraprofessionals have the necessary skills and knowledge to assist participating children in meeting the section’s educational goals, have a high school diploma or its equivalent (exception for those who have a proficiency in language other than English that is needed to enhance the participation of children in programs under this part), and are under the direct supervision of a teacher. 9 Under No Child Left Behind, all new instructional paraprofessionals working in a program supported by Title I, including schoolwide programs, must have two years, at least 48 semester hours, of postsecondary education, or be a high school graduate who can demonstrate on a “formal state or local academic assessment” the skills necessary to assist in classroom instruction of reading, writing, and math. The formal state assessment is WorkKeys which may be a “paper and pencil” test or a test taken on a computer. A score of three must be made on each section of the WorkKeys to meet the requirements under NCLB. Existing instructional paraprofessionals must have met this requirement by the end of the 2005-06 school year. • Physical Therapy Assistant – Must be registered by providing evidence of having graduated from a physical therapist’s assistant program approved by the board (33-35-101, 102, 105, 107). • Audiology or Speech Pathology Aide – Must meet minimum qualifications established by the board and work under the direct supervision of the respective licensed professional (33-33-103). • Electrician and Plumber – Must be licensed but it appears that individuals doing minor electrical work may be exempt (15-1-119). • School Bus Driver – Must have a commercial driver’s license with a school bus “s” endorsement which requires both a written and driving test. Driver must have annual training of not less than six hours (16- 27-4). • Interpreter/Transliterator – Must hold a license or a permit. This can be obtained by passing a code of ethics test and taking a performance test as outlined by the Alabama Board of Interpreters and Transliterators. They must also have 20 hours of continuing education. The license/permit must be renewed annually. Aides that perform only clerical, personal care, or playground duties are not considered to be instructional paraprofessionals and do not have to meet the NCLB standards.
Page 1 and 2: ALABAMA EDUCATION ASSOCIATION EVERY
Page 3 and 4: Contents ESP - It’s a Matter of P
Page 5 and 6: Creation of ESP History of the AEA-
Page 7 and 8: Students First Act: • This law re
Page 9: Job Vacancy Posting • All jobs mu
Page 13 and 14: Dealing Positively with Students, C
Page 15 and 16: ➤ Provide for an employee improve
Page 17 and 18: Ten Reasons to Join and Be Active i
Page 19 and 20: Assistance from UniServ Director Th

2012 ESP Handbook - Alabama Education Association

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