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

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. 244 Title 5 expressly identifies what does not constitute a vacancy for recruitment purposes. 245  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. 246  All sections relying on the review or use of availability data are eliminated. 247  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. 248  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 Applicant Pool Review

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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 80