Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

ii. External Recruitment for All Permanent Openings Districts are mandated to “actively recruit from both within and outside the district work force to attract qualified applicants for all vacancies,” 179 which includes all vacant full-and part-time openings in all job categories and classifications—classified, academic, categorical, administrative and managerial. In-house or “promotional only” recruitment is prohibited to fill any vacancy, except on an interim basis for the minimum time necessary (but no more than two years) to allow for a full and open recruitment. A “vacancy” is not created, however, where there is a reorganization or lateral transfer that does not result in a net increase in employees. 180 Nor is one created where a position is upgraded without a significant alteration in duties. A vacancy is also not created when the position is filled by a temporary, short-term, or substitute employee appointed pursuant to Education Code sections 87422, 87480, 87482.5(b), 88003, 88106 or 88109 or an individual not currently employed by the district, who is specially trained, experienced, and competent to serve as an administrator, and who satisfies the minimum qualifications applicable to the position, is engaged to serve as an administrator through a professional services contract. No appointment or series of appointments pursuant to this provision may exceed a period of two years. 181 iii. Outreach to Maximize Diversity The regulations also require that hiring procedures “shall include outreach designed to ensure that all persons, including persons from monitored groups, are provided the opportunity to seek employment with the district.” However, as discussed below in the section regarding lawful hiring strategies, this dual obligation presents both a challenge and an opportunity. On the one hand, the law and regulations make clear that selection criteria must be “blind” to applicants’ race, gender, ethnicity, etc. Yet, districts are also expected to develop and implement selection procedures that have the effect of increasing the representation of “monitored groups.” And, while the terminology has changed, it is clear that “monitored group” refers to any group based on race, gender, ethnicity or other protected characteristics that are statistically underrepresented in that position at the district. In that regard, the Chancellor’s recent EEO Legal Opinion also makes clear that districts are expected to analyze their longitudinal hiring data for statistical evidence of any “significantly underrepresented groups” and develop measures to address that underrepresentation. 182 The conundrum is: how does one improve the representation of a particular group while remaining “blind” to it? iv. Pool Certification Because pool certification was a required component of community college hiring procedures for so long, we flag here that the 2013 update to the regulations has eliminated this requirement. v. Hiring Committee Training As discussed in Section 4 below, EEO Plans must include a component that addresses training for all employees involved in the hiring process. Also in Section 4, we provide essential substantive information that should be part of any comprehensive hiring committee training.

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