BILL NUMBER: AB 415	CHAPTERED  07/22/08

	CHAPTER  186
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  JULY 3, 2008
	AMENDED IN SENATE  JUNE 9, 2008

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 16, 2007

   An act to amend Section 45277.5 of the Education Code, relating to
public school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 415, Karnette. Public school employees: merit system.
   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 other specified methods. Existing law requires that
if a vacancy is filled from applicants on an eligibility list, the
appointment is to be made from the eligible candidates having the
first 3 ranks on the list. Existing law, until January 1, 2012, in a
school district with a pupil population over 400,000, authorizes an
appointment to be made from other than the first 3 ranks on the
eligibility list 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, in which case the appointment is required
to be made from among the highest 3 ranks of applicants on the list
who meet the special requirements. Existing law makes these
provisions apply only to specified classifications of positions.
   This bill in addition would make these provisions apply to
classifications that have been designated as management.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45277.5 of the Education Code is amended 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 that 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 shall not be additionally extended if certification
can later be made from an appropriate eligibility list.
   (d) This section applies only to the following classifications:
   (1) Administrative analyst.
   (2) Administrative assistant.
   (3) Assistant contract administration analyst.
   (4) Assistant realty agent.
   (5) Contracts administration analyst.
   (6) Educational research analyst.
   (7) Financial analyst.
   (8) Grants specialist.
   (9) Health care advocate.
   (10) Human resources specialist III.
   (11) Insurance representative II.
   (12) Insurance representative III.
   (13) Occupational health nurse.
   (14) Parent community facilitator.
   (15) Senior internal auditor.
   (16) Web developer.
   (17) Any classifications that have been designated as management.
   (e) A school district that makes an appointment pursuant to this
section shall study the effectiveness of this selection method,
vacancy rates for each classification, and the length of time to hire
for each classification, and submit a report on the study to the
affected labor unions.
   (f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.