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

If they have not already, districts are advised to begin using this revised request for ethnic identity with all new applicants immediately. Districts are not required to resurvey their current employees using this new questionnaire, but they may do so if they choose. 2. Identifying Employees with Disabilities As district human resources staff are well aware, under the expansive definition of “disability” under California’s Fair Employment and Housing Act, and the ADA Amendments, districts are required to recognize and accommodate a wide range of medical conditions that impair an employee’s ability to perform the essential functions of the job. Given the significant time and resources that districts now put into the interactive process and disability accommodations, we suggest that districts make sure to factor this into their data analysis. In other words, districts should track, and count among their disabled hires and employees, any employee who is receiving disability accommodations. 3. Identifying Job Categories As noted above, districts are required to report the ethnic and gender breakdown of employees and applicants within specified job categories. The Model Plan makes two additional suggestions regarding how districts categorize jobs for the survey. First, as noted above, the Model Plan recommends separating part-time and full-time faculty. Second, it recommends breaking down the full-time faculty category by major disciplines, departments or supervisory area. 225 Further, in doing so it recommends utilizing the categories the Chancellor’s Office used in its last availability data report, “and will likely use in its next report.” 226 With respect to distinguishing part-time and full-time faculty, we note that while this is not required, doing so will help districts comply with their obligations under the Education Code. 227 These sections require districts to track their progress in achieving the desired ratio of full-time to part-time faculty, while ensuring equal employment opportunity; and to report on this progress in the EEO Plan itself. By distinguishing between part-time and full-time faculty in the annual survey, and referencing the results in this component of the EEO Plan, districts will satisfy these statutory requirements. With respect to breaking down the full-time faculty category, districts should balance the need to create EEO Plans that are effective tools for diversification with the need to create EEO Plans that are workable and afford flexibility. If breaking down the full-time faculty category will likely provide information that is useful to the district in developing effective recruitment strategies or getting particular disciplines or departments to recognize the need for diversification, then further breakdown should be considered. However, districts that do not have an apparent need for this level of precision in the data should weigh its benefits against the additional effort involved in gathering and tracking data by these subcategories. k. Model Plan Components 11,13 & 15 For readers who are tracking the Model Plan in developing current EEO Plans, we note that the “old” components 11, 13 and 15 no longer exist. Components 11and 13 are those that relied on availability data to implement pool certification processes. As discussed above, neither availability data nor pool certification are part of the revised regulations.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 75