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

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. 232 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.” 233 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 Board policies & adopted resolutions Incentives for hard-to-hire areas/disciplines

2. 3. 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. 9.

Diversity incorporated into criteria for employee evaluation and tenure review

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. 234  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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 78