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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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C. A
PPLYING THE
N
EW
EEO F
UND
A
LLOCATION
M
ODEL
In December of 2015, the State Chancellor’s Office issued an advisory to districts regarding
standards it would apply in allocating EEO funds going forward.
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Specifically, the Chancellor
announced a “new fund allocation model” under which districts must show they are
implementing multiple methods to achieve employment diversity in nine “best-practice areas for
‘success in promoting’ EEO.”
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The nine identified areas are categorized under the stages of
“pre-hiring,” “hiring,” and “post-hiring” as follows:
Pre-Hiring
1.
District’s EEO Advisory Committee and EEO Plan
2.
Board policies & adopted resolutions
3.
Incentives for hard-to-hire areas/disciplines
4.
Focused outreach and publications
Hiring
5.
Procedures for addressing diversity throughout hiring steps and levels
6.
Consistent and ongoing training for hiring committees
Post-Hiring
7.
Professional development focused on diversity
8.
Diversity incorporated into criteria for employee evaluation and tenure review
9.
Grow-Your-Own programs
LCW suggests that districts keep these multiple measures in mind as you create and update your
EEO Plans. Your EEO Plans are both tools for designing and implementing multiple methods,
and useful documents for demonstrating to the State Chancellor that such methods are being
utilized.
D. T
ITLE
5
AND
H
IRING
P
ROCEDURES
As discussed above, districts should take care to distinguish between their EEO Plans and their
Hiring Procedures. The regulations pertaining to both were significantly revised by the 2013
amendments. These changes were flagged, above, in discussing how EEO Plans should guide
and reference district hiring procedures. To assist with revising hiring procedures, we flag below
the key regulatory changes that will require revisions to district hiring procedures:
Recruitment: “New openings” was amended to state “vacancies.” This
is not a substantive change, but creates clarity regarding the original
meaning that all openings must be permanently filled with an open
recruitment. The term “new openings” has caused confusion and labor
disputes throughout the State. We suggest revising internal procedures,
as needed, to reflect the new terminology to avoid future
misunderstandings.
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The time limit for all interim appointments is extended from one to two
years. There is no duty to show business necessity to extend beyond
one year. However, there will be no extensions beyond two years. Also