Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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 begin delete positions end delete begin insert positions, including, among others, information technology solution technician, end insert 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 begin delete would be end delete begin insert is end insert required to be made from among the highest 3 ranks of eligible begin delete applicants end delete begin insert candidates end insert 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 begin delete provisions end delete begin insert provisions, except for the information technology solution technician classification provision, end insert 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 personnel 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.

begin delete

(7) Information technology solution technician.

end delete begin delete

(8)

end delete

begin insert (7) end insert  Senior human resource specialist.

begin delete

(9)

end delete

begin insert (8) end insert  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,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before December 31, 2020, deletes or extends that
date.