Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts
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. 212 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. 213 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. 214 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. 215
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. 216 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. 217
Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 72
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