APPOINTMENT AND CONDITIONS OF EMPLOYMENT

BOARD POLICY - 4112

The Governing Board is committed to employing suitable, qualified individuals to carry out the district's mission to provide high-quality education to its students and to ensure the efficiency of district operations.

The Superintendent or designee shall develop fair, open, and transparent recruitment and selection processes and procedures which ensure that individuals are selected based on demonstrated knowledge, skills, and competence and not on any bias, personal preference, or unlawful discrimination.

 (cf. 4030 - Nondiscrimination in Employment)

When a vacancy occurs, the Superintendent or designee shall review the job description for the position to ensure that it accurately describes the major functions and duties of the position.  He/she also shall disseminate job announcements to ensure a wide range of candidates.

The district's selection procedures shall include screening processes, interviews, observations, and recommendations from previous employers as necessary to identify the best possible candidate for a position. The Superintendent or designee may establish an interview committee, as appropriate, to rank candidates and recommend finalists. All discussions and recommendations shall be confidential in accordance with law.

During job interviews, applicants may be asked to describe or demonstrate how they will be able to perform the duties of the job.  No inquiry shall be made with regard to any category of discrimination prohibited by state or federal law.

For each position, the Superintendent or designee shall present to the Board one candidate who meets all qualifications established by law and the Board for the position.  No person shall be employed by the Board without the recommendation or endorsement of the Superintendent or designee.

(cf. 4112 - Appointment and Conditions of Employment)

(cf. 4112.2 - Certification)

Prior to initial employment, the District retains the option to have a physician certify that the recommended candidate is in good health and in condition to begin service.

 

Legal Reference:

EDUCATION CODE:

200-262.4  Prohibition of discrimination
41530-41533  Professional Development Block Grant
44066  Limitations on certification requirement
44259  Teaching credential; exception; designated subjects; minimum requirements
44735  Teaching as a Priority block grant
44740-44741  Personnel management assistance teams
44750  Teacher recruitment resource center
44830-44831  Employment of certificated persons
44858  Age or marital status in certificated positions
44859  Prohibition against certain rules and regulations re: residency
45103-45139  Employment (classified employees)
49406  Examination for tuberculosis

GOVERNMENT CODE:

815.2  Liability of public entities and public employees
12900-12996  Fair Employment and Housing Act, including:
12940-12956  Discrimination prohibited; unlawful practices

UNITED STATES CODE, TITLE 8:

1324a  Unlawful employment of aliens
1324b  Unfair immigration related practices

UNITED STATES CODE, TITLE 42:

2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments
12101-12213 Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 28:

35.101-35.190  Americans with Disabilities Act

COURT DECISIONS:

C.A. v William S. Hart Union High School District et al., (2012) 138 Cal.Rptr.3d 1

Management Resources:

WEB SITES:

California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
Education Job Opportunities Information Network: http://www.edjoin.org
Teach USA:  http://www.calteach.org
U.S. Equal Employment Opportunity Commission:  http://www.eeoc.gov

Policy Adopted: January 21, 1980
Policy Revised: January 13, 2015

Administrative Regulation 4111:  Recruitment and Selection
Administrative Regulation 4111.01:  Certificated Hiring Procedures and Guidelines