San Francisco Unified School District and County Office of Education
Board Policy 4311
Certificated and Classified Management and Classified Supervisory Personnel – Recruitment And Selection
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
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.
Certificated and classified unrepresented supervisory and management positions are exempt from competitive civil service selection, appointment and removal procedures in accordance with the City and County of San Francisco’s Charter.
(cf. 0100 – Goals for the School District)
(cf. 4000 – Concepts and Roles)
(cf. 4100 – Certificated Personnel)
(cf. 4200 – Classified Personnel)
(cf. 4300 – Administrative and Supervisory Personnel)
Competitive Process
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 or unlawful discrimination.
(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 4030 – Nondiscrimination in Employment)
(cf. 4032 – Reasonable Accommodation)
(cf. 4111.2/4211.2/4311.2 – Legal Status Requirement)
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.
With Board approval, the Superintendent or designee may provide incentives to recruit administrators or other employees to work in hard-to-fill positions.
(cf. 4113 – Assignment)
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.
(cf. 2230 – Representative and Deliberative Groups)
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.
Direct Appointments
While the District maintains its commitment to a competitive recruitment process, the District recognizes the occasional need to fill a position by directly appointing a qualified individual (either internal or external) to a position without conducting a competitive search. “Direct appointment” is the process of filling a vacant position (existing or newly-created) by directly appointing an individual without utilizing a competitive process.
The purpose of the direct appointment option in hires and administrative reassignment is to:
- Provide flexibility in the hiring process
- Allow for expediency in situations where timing is critical
- Support succession planning efforts
- Enhance transparency in the selection process by outlining when a direct appointment is appropriate
- Support public stewardship by eliminating unnecessary resource utilization in conducting competitive search process only to fulfill administrative requirements when a direct appointment is appropriate.
In order for a vacant position to be filled by direct appointment under this process, the person being hired must meet the minimum qualification, and one or more of the following criteria must apply as determined by the Chief of Human Resources with the approval of the Superintendent:
- The candidate possesses expanded, exceptional qualifications above and beyond the minimum qualifications required for the position.
- The position to be filled has a documented history of high turnover or low retention.
- The position to be filled has resulted in two or more failed searches within the previous 24-months due to low candidate pool and/or candidate declines in response to offer of employment.
- The operational need of a department or division requiring the placement of a current employee, including the need to fill vacancies due to reorganization of work within a department or division.
- The appointment is to a temporary, interim or acting position for a specific period of time, generally one-year or less but may be extended for special circumstances.
Board Approval
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)
(cf. 4112.22 – Staff Teaching English Language Learners)
(cf. 4112.23 – Special Education Staff)
(cf. 4112.24 – Teacher Qualifications Under the No Child Left Behind Act)
(cf. 4112.8/4212.8/4312.8 – Employment of Relatives)
(cf. 4212 – Appointment and Conditions of Employment)
(cf. 4312.1 – Contracts)
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
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.