BILL NUMBER: AB 2125	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 23, 2012

   An act to add  Sections 45272.5 and   and
repeal Section  45277.5  to  of  the
Education Code, relating to school district employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2125, as amended, Hall. School district employees: merit
system: appointments.
   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. If a vacancy is filled
from applicants on an eligibility list, the appointment is required
to 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 on the eligibility list when the ability to speak, read, or
write a language in addition to English, or possession of a valid
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, as
specified, to be made from any rank on the eligibility list, but
would require consideration of certain factors, as specified, before
making a job offer. 
   This bill  also would  ,  until December 31,
2015,  in a school district with a pupil population over
400,000,  would    authorize an appointment to
specified classifications of positions 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 would be required 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.  The bill also
would require a school district that makes an appointment under this
provision to study the effectiveness of the selection method, the
vacancy rates for each class, and the length of time to hire for each
class, and submit a report of its findings to any affected labor
union. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 an open, entry-level, school-based position, as
described in subdivision (b), may be made from any rank on the
eligibility list. However, in making appointments pursuant to this
section, 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, before making a job offer.
   (b) This section is limited to the following classes:
   (1) Clerk/office technician.
   (2) Information systems support assistant I.
   (3) Library aide. 
   SEC. 2.   SECTION 1.   Section 45277.5
is added to the Education Code, to read:
   45277.5.  Notwithstanding Section 45277, in a school district with
a pupil population 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) Accountant.  
   (2) Administrative analyst.  
   (3) Administrative assistant.  
   (4) Assistant contract administration analyst.  
   (5) Assistant contracts supervisor.  
   (6) Assistant realty agent.  
   (7) Contracts administration analyst.  
   (8) Contract assistant.  
   (9) Coordinating contract assistant.  
   (10) Educational research analyst.  
   (11) Financial analyst.  
   (12) Grants specialist.  
   (13) Health care advocate.  
   (14) Human resources specialist III.  
   (15) Insurance representative II.  
   (16) Insurance representative III.  
   (17) Occupational health nurse.  
   (18) Parent community facilitator.  
   (19) 
    (1)  Principal financial analyst. 
   (20) 
    (2)  Principal administrative analyst. 
   (21) 
    (3)  Senior administrative analyst. 
   (22) 
    (4)  Senior administrative assistant. 
   (23) 
    (5)  Senior financial analyst. 
   (24) Senior internal auditor.  
   (25) Web developer.  
   (26)  
   (6) Information technology electronic communications technician.
 
   (7) Information technology solution technician.  
   (8) Senior human resource specialist. 
    (9)  Any classifications that have been designated as
management.   management or confidential. 

   (e) A school district that makes an appointment pursuant to this
section shall study the effectiveness of the selection method, the
vacancy rates for each class, and the length of time to hire for each
class, and submit a report on its findings to any affected labor
union.  
   (f) This section shall remain in effect only until December 31,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2015, deletes or extends
that date.