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

 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. 240 Title 5 expressly identifies what does not constitute a vacancy for recruitment purposes. 241  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 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. 242  All sections relying on the review or use of availability data are eliminated. 243  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. 244  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. 245  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. 246 Screening and Selection Procedures. Applicant Pool Review

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 Developing and Maintaining Institutional Commitment to Diversity. 247

 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.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 80