BILL NUMBER: AB 1339	INTRODUCED
	BILL TEXT


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:

  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 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,   commission of the school
district, 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    of the
school district  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) Principal financial analyst.
   (2) Principal administrative analyst.
   (3) Senior administrative analyst.
   (4) Senior administrative assistant.
   (5) Senior financial analyst.
   (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 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,   2020,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
December 31,  2015,   2020,  deletes or
extends that date.