BILL NUMBER: AB 2125CHAPTERED BILL TEXT CHAPTER 56 FILED WITH SECRETARY OF STATE JULY 9, 2012 APPROVED BY GOVERNOR JULY 9, 2012 PASSED THE SENATE JUNE 18, 2012 PASSED THE ASSEMBLY MAY 17, 2012 AMENDED IN ASSEMBLY APRIL 10, 2012 INTRODUCED BY Assembly Member Hall FEBRUARY 23, 2012 An act to add and repeal Section 45277.5 of the Education Code, relating to school district employees. LEGISLATIVE COUNSEL'S DIGEST AB 2125, Hall. School district employees: merit system: appointments. Existing law requires all vacancies in the classified service of a school district that has adopted the merit system to be filled from applicants on eligibility lists that are made up from promotional examinations or by appointments made by means of transfer, demotion, reinstatement, or reemployment, as specified. If a vacancy is filled from applicants on an eligibility list, the appointment is required to be made from the eligible candidates having the first 3 ranks on the list who are ready and willing to accept the position. Existing law authorizes, in a school district that has adopted the merit system, an appointment to be made from other than the first 3 ranks on the eligibility list when the ability to speak, read, or write a language in addition to English, or possession of a valid driver's license, is a requirement of the position to be filled, but in that case existing law requires the appointment to be made from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. This bill, until December 31, 2015, in a school district with a pupil population over 400,000, would authorize an appointment to specified classifications of positions to be made from other than the first 3 ranks on the eligibility list if specialized licenses, certifications, knowledge, or ability that cannot reasonably be acquired during the probationary period or a specific gender is required for successful job performance of a position, in which case the appointment would be required to be made from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. The bill also would require a school district that makes an appointment under this provision to study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report of its findings to any affected labor union. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 45277.5 is added to the Education Code, to read: 45277.5. Notwithstanding Section 45277, in a school district with a pupil population over 400,000, the following shall apply: (a) An appointment may be made from other than the first three ranks of eligible applicants on the eligibility list if one or more of the following are required for successful job performance of a position to be filled: (1) The ability to speak, read, or write a language in addition to English. (2) A valid driver's license. (3) Specialized licenses, certifications, knowledge, or ability, as determined by the school district personnel commission, that cannot reasonably be acquired during the probationary period. (4) A specific gender, if it is a bona fide occupational qualification. (b) The recruitment bulletin announcing the examination shall indicate the special requirements that may be necessary for filling one or more of the positions in the classification. If a position is to be filled using the authority of this section, the appointment shall be made from among the highest three ranks of eligible candidates on the appropriate eligibility list who meet the special requirements of the position and who are ready and willing to accept the position. (c) If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments that may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or less each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but shall not be additionally extended if certification can later be made from an appropriate eligibility list. (d) This section applies only to the following classifications: (1) Principal financial analyst. (2) Principal administrative analyst. (3) Senior administrative analyst. (4) Senior administrative assistant. (5) Senior financial analyst. (6) Information technology electronic communications technician. (7) Information technology solution technician. (8) Senior human resource specialist. (9) Any classifications that have been designated as management or confidential. (e) A school district that makes an appointment pursuant to this section shall study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report on its findings to any affected labor union. (f) This section shall remain in effect only until December 31, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2015, deletes or extends that date.