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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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note: the requirement that interims are permitted for the purpose of (and

while conducing) an open recruitment still applies. Thus, districts are

still required to conduct open recruitments while an interim is in place.

We strongly caution that the two-year timeline not lull anyone into a

false sense of security. Efforts to openly recruit should begin

immediately upon placing an interim in the position.

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Applicant Pool Review

All sections relying on the review or use of availability data are

eliminated.

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All procedures involving the certification of pools are eliminated. This

means there are no longer any requirements to reopen a search based on

the review of an applicant pool.

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Districts are still required to analyze and compare their initial applicant

pools and their qualified pools. They are also now required to review

this data longitudinally (i.e. over time.) Consistent with new Plan

Component 14, hiring procedures should indicate how this data will be

gathered and how it will be used.

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Screening and Selection Procedures.

The new regulations provide that, with respect to giving “meaningful

consideration” to candidates’ sensitivity to the diversity of community

college students, sensitivity must be demonstrated in a manner that is

relevant to the position. Thus, hiring procedures should reflect how

such consideration will be implemented.

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Developing and Maintaining Institutional Commitment to Diversity.

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As noted above, this section of district hiring procedures is central to

the 2013 Title 5 amendments. As explained, this should be addressed in

Component 14 of district EEO plans, but the details of these efforts

should be incorporated into each district’s separate hiring procedures.

Persons with disabilities.

To the extent districts have developed hiring procedures consistent with

the former Education Code section 53025, they will need to be revised.

The new regulation requires a single set of procedures and standards for

all individuals and monitored groups

.

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