BILL NUMBER: AB 424 CHAPTERED 10/12/03 CHAPTER 881 FILED WITH SECRETARY OF STATE OCTOBER 12, 2003 APPROVED BY GOVERNOR OCTOBER 12, 2003 PASSED THE ASSEMBLY AUGUST 28, 2003 PASSED THE SENATE AUGUST 25, 2003 AMENDED IN SENATE JULY 16, 2003 AMENDED IN ASSEMBLY APRIL 24, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Member Richman FEBRUARY 14, 2003 An act to add and repeal Sections 45272.5 and 45277.5 of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST AB 424, Richman. Classified school employees. Existing law requires all vacancies in the classified service of a school district that has adopted the merit system to be filled from applicants on eligibility lists that are made up from promotional examinations or by appointments made by means of transfer, demotion, reinstatement, or reemployment, as specified. Existing law requires that if a vacancy is filled from applicants on an eligibility list that the appointment be made from the eligible candidates having the first 3 ranks on the list who are ready and willing to accept the position. Existing law authorizes in a school district that has adopted the merit system an appointment to be made from other than the first 3 ranks when the ability to speak, read, or write a language in addition to English, or possession of a driver's license is a requirement of the position to be filled, but in that case existing law requires the appointment to be made from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. This bill would, in a school district with a pupil population over 400,000, authorize an appointment for a school-based position to be made from any rank on eligibility list, but would require consideration of certain factors. If specialized licenses, certifications, knowledge, or ability that cannot reasonably be acquired during the probationary period or a specific gender is required for successful job performance of a position, the bill would allow an appointment to be made, in a school district with a pupil population over 400,000, from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. This bill would repeal these provisions on January 1, 2006. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 45272.5 is added to the Education Code, to read: 45272.5. (a) Notwithstanding subdivision (a) of Section 45272, in a school district with a pupil population over 400,000, an appointment for a school-based position may be made from any rank on the eligibility list. However, in making appointments pursuant to this subdivision, at least three eligible candidates from the list, if available, shall be considered and appointing authorities shall consider job-related background and training that are related to successful job performance, placement on the eligibility lists, and seniority, prior to making a job offer. (b) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. SEC. 2. Section 45277.5 is added to the Education Code, to read: 45277.5. Notwithstanding Section 45277, in a school district with a pupil population of over 400,000 the following shall apply: (a) An appointment may be made from other than the first three ranks of eligible applicants on the eligibility list if one or more of the following are required for successful job performance of a position to be filled: (1) The ability to speak, read, or write a language in addition to English. (2) A valid driver's license. (3) Specialized licenses, certifications, knowledge, or ability, as determined by the school district personnel commission, that cannot reasonably be acquired during the probationary period. (4) A specific gender if it is a bona fide occupational qualification. (b) The recruitment bulletin announcing the examination shall indicate the special requirements that may be necessary for filling one or more of the positions in the classification. If a position is to be filled using the authority of this section, the appointment shall be made from among the highest three ranks of eligible candidates on the appropriate eligibility list who meet the special requirements of the position and who are ready and willing to accept the position. (c) If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments which may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or less each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but may not be additionally extended if certification can later be made from an appropriate eligibility list. (d) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.