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 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, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2020, deletes or extends that date.
(Amended by Stats. 2015, Ch. 243, Sec. 1. (AB 1339) Effective January 1, 2016. Repealed as of December 31, 2020, by its own provisions.)
Last modified: October 25, 2018