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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

©2018 (c) Liebert Cassidy Whitmore

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whom they choose. It is the district that must ensure that the collective scope of its recruitments

is broad-based.

j. Plan Component 10: Analysis of District Workforce and Applicant Pool

i. Legal Requirements

NOTE:

The time extension on developing EEO Plan components

that rely on availability data does not apply to Component 10.

Title 5 requires that district EEO Plans provide a process for gathering information and periodic,

longitudinal analysis of the district’s employees and applicants, broken down by number of

persons from monitored group status in each of the listed job categories to determine whether

additional measures are required and to implement and evaluate the effectiveness of those

measures.

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Each district, based on its size, demographics and other unique factors shall

determine the appropriate time frame for periodic review, and reflect this in its EEO Plan;

The categories listed are: (1) Executive/Administrative/Managerial; (2) Faculty and other

Instructional Staff; (3) Professional Non-faculty; (4) Secretarial/Clerical; (5) Technical and

Paraprofessional; (6) Skilled Crafts; and (7) Service and Maintenance.

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The

Model Plan

also

indicates that the survey should distinguish between full-time and part-time faculty.

“Monitored groups” as defined are simply those groups that the regulations require districts to

monitor.

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These groups are: men, women, American Indians or Alaskan natives, Asians or

Pacific Islanders, Blacks/African-Americans, Hispanics/Latinos, Caucasians, and persons with

disabilities. Further, Section 53004 subdivision (b) requires that Chinese, Japanese, Filipinos,

Koreans, Vietnamese, Asian Indians, Hawaiians, Guamanians, Samoans, Laotians, and

Cambodians be counted and reported

both

as part of the Asian/Pacific Islander group and in

separate subcategories. Analysis of underrepresentation of monitored groups does not require

analyzing these subcategories.

The employee survey must be conducted and analyzed, and its results reported to the State

Chancellor annually.

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ii. Implementation

1. Identifying Ethnic Identity and Gender

In October 2007, the United States Department of Education published final guidance changing

the procedure for collecting and reporting racial and ethnic data by educational institutions.

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The State Chancellor’s Office subsequently announced changes to the process for gathering data

regarding employee and applicant ethnicity to bring community college practices in line with

these federal guidelines. Specifically, in June 2008, the Chancellor’s Office published its own

memorandum with guidance and sample questionnaires designed to assist districts in

implementing changes to the way they collect racial and ethnic data.

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