California Legislature—2015–16 Regular Session

Assembly BillNo. 1339


Introduced by Assembly Member Santiago

February 27, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1339, as introduced, Santiago. School district employees: merit system: appointments.

Existing law, until December 31, 2015, in a school district with a pupil population over 400,000, authorizes an appointment to specified classifications of positions to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position to be filled, in which case the appointment would be required to be made from among the highest 3 ranks of eligible applicants on the list who meet the special requirements and are ready and willing to accept the position. Existing law requires 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 to submit a report of its findings to any affected labor union.

This bill would extend the operation of these provisions until December 31, 2020.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 45277.5 of the Education Code is
2amended to read:

3

45277.5.  

Notwithstanding Section 45277, in a school district
4with a pupil population over 400,000, the following shall apply:

5(a) An appointment may be made from other than the first three
6ranks of eligible applicants on the eligibility list if one or more of
7the following are required for successful job performance of a
8position to be filled:

9(1) The ability to speak, read, or write a language in addition
10to English.

11(2) A valid driver’s license.

12(3) Specialized licenses, certifications, knowledge, or ability,
13as determined by thebegin delete school districtend delete personnelbegin delete commission,end delete
14begin insert commission of the school district,end insert that cannot reasonably be
15acquired during the probationary period.

16(4) A specific gender, if it is a bona fide occupational
17qualification.

18(b) The recruitment bulletin announcing the examination shall
19indicate the special requirements that may be necessary for filling
20one or more of the positions in the classification. If a position is
21to be filled using the authority of this section, the appointment
22shall be made from among the highest three ranks of eligible
23candidates on the appropriate eligibility list who meet the special
24requirements of the position and who are ready and willing to
25accept the position.

26(c) If there are insufficient applicants who meet the special
27requirements, an employee who meets the special requirements
28may receive provisional appointments that may accumulate to a
29total of 90 working days. Successive provisional appointments of
3090 working days or less each may be made in the absence of an
31appropriate eligibility list containing applicants who meet the
32special requirements if the personnel commissionbegin insert end insertbegin insertof the school
33districtend insert
finds that the requirements of subdivisions (a) and (b) of
34Section 45288 have been met. These appointments may continue
35for the period of the provisional appointment, but shall not be
36additionally extended if certification can later be made from an
37appropriate eligibility list.

38(d) This section applies only to the following classifications:

P3    1(1) Principal financial analyst.

2(2) Principal administrative analyst.

3(3) Senior administrative analyst.

4(4) Senior administrative assistant.

5(5) Senior financial analyst.

6(6) Information technology electronic communications
7technician.

8(7) Information technology solution technician.

9(8) Senior human resource specialist.

10(9) Any classifications that have been designated as management
11or confidential.

12(e) A school district that makes an appointment pursuant to this
13section shall study the effectiveness of the selection method, the
14vacancy rates for each class, and the length of time to hire for each
15class, and submit a report on its findings to any affected labor
16union.

17(f) This section shall remain in effect only until December 31,
18begin delete 2015,end deletebegin insert 2020,end insert and as of that date is repealed, unless a later enacted
19statute, that is enacted before December 31,begin delete 2015,end deletebegin insert 2020,end insert deletes
20or extends that date.



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