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AB-1859 School district employees: merit system: appointments.(2019-2020)

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Date Published: 02/14/2020 09:00 PM
AB1859:v98#DOCUMENT

Amended  IN  Assembly  February 14, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1859


Introduced by Assembly Member Santiago

January 07, 2020


An act to amend Section 49550 45277.5 of the Education Code, relating to pupil nutrition. school district employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1859, as amended, Santiago. Pupil nutrition: free or reduced-price meals. School district employees: merit system: appointments.
Existing law requires, with certain exceptions, vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from the eligible applicants having the first 3 ranks on the eligibility list who are ready and willing to accept the position. In a school district with a pupil population over 400,000, existing law authorizes, until December 31, 2020, an appointment to specified classifications of positions to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position to be filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Existing law requires a school district that makes an appointment pursuant to 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 to submit a report of its findings to any affected labor union.
This bill would extend the operation of the latter provisions from December 31, 2020, until January 1, 2027.

Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45277.5 of the Education Code is amended 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 personnel commission of the school district, 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 fewer each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission of the school district 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) Senior human resource specialist.
(8) 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, 2020, January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2020, January 1, 2027, deletes or extends that date.

SECTION 1.Section 49550 of the Education Code is amended to read:
49550.

(a)Notwithstanding any other law, a school district or county superintendent of schools that maintains kindergarten or any of grades 1 to 12, inclusive, shall provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except for family daycare homes that shall be reimbursed for 75 percent of the meals served.

(b)To comply with subdivision (a), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.

(c)For purposes of this article, “schoolday” means any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.